Chair and members of the committee, thank you. My name is Dr. Elyse Osterweil, founder of Mothers Reform Child Injustices (MRCI) and a member of the National Safe Parents Organization (NSPO), and we SUPPORT HB118 sponsored by Delegate Keren Keys-Gamarra. I am also a Korean-American mother (US natural born citizen) who was falsely accused of abducting my own child on June 6-7th 2022, while I was in the process of seeking a protective order against my ex-husband, my child’s father (white male US citizen), as per law enforcement recommendations and escalation of harrassment/violence/recklessness and mental instability of my ex-husband/father of our child. That charge resulted in 16+ days in jail, trauma-induced seizures, and complex PTSD, multiple subsequent arrests for more than two and a half years before it was ultimately dismissed based on due process violations and the improper serving of the child custody calendar control notice, motion, evidence, and order. During that time—while I was pro se at points—I was denied exculpatory discovery by the CA in Fairfax County, including one of two videos that would have proven my innocence and impeached multiple witnesses. I was never told I could inspect the evidence, nor was I provided any copies, making meaningful defense or dismissal of these false allegations impossible. At the same time, my electronic devices and major accounts were repeatedly hacked or rendered inaccessible, depriving me of emails and records essential to my defense. This was not merely stressful—it materially impaired my ability to participate in my own case. What happened to me is not isolated. An increasing number of domestic violence victims—especially protective mothers—experiencing gender-bias, racism (especially if the father is a white male), and are being denied due process, denied their parental rights, criminalized, and incarcerated for attempting to protect their children from harm from their abusive partners. When discovery is withheld and access to evidence is obstructed especially against "plaintiffs"/abusers with 10 years of documented child abuse and domestic violence, the system punishes protection and rewards abuse, punished and endangers their children, and causes another generation of preventable trauma. It is also a violation of the 2022 reauthorization Violence Against Women Act, and Kayden's Law. The Brady rule requires disclosure of evidence favorable to the accused, including impeachment material held by prosecutors or police. HB118 matters because transparency is not optional—it is due process. Please support HB118. Grateful, Dr. Elyse Lee Osterweil, Ph.D.

HB 118 is important legislation for us to pass in order to increase access to criminal justice defense and reduce prosecution chicanery. Any politician who votes against this bill will get put in the bucket of undesirable politicians.

I support this bill. As someone who went through the legal system and having a case where evidence was destroyed, statements were questionable due to suggestiveness from the detective of the case - I believe there needs to be more transparency of such evidence before going to trial. People mostly go to court with public defenders and therefore are most of the time at a disadvantage not because the PD is bad, but because they are so overworked - the attention needed isn’t always given. By law, ignorance of the law isn’t a factor in anything - so a defendant who has zero knowledge of such things can’t properly defend himself so must rely on the PD. The PD should get all relevant and necessary information that could help defend their client.

I also support this because the more access we have to evidence, the more we are able to build a proper defense. There have been times where the evidence could have proven a person's innocence but it was swept under the rug or not released in favor of something that helped gain a conviction. The whole story should be known, not only the way they want it told.

If you are accused of a crime not only should you be able to face your accuser you should also be able to see the evidence against you. I also believe that the accused should be able to be present during any and all meetings between the prosecutor and their lawyer . The accused should not be arrested and held without bond unless it has something to do with a violent crime and even then should not be housed with people who are serving a sentence even though it is in the law it is not followed .

Discovery discrepancies are rampant throughout several cases that I know of. Please pass this bill to allow for more transparency. Both sides should be able to see and request all evidence both before and after trial so that they can accurately represent their case!