Public Comments for: HB1630 - Discovery materials or evidence; allows accused to request the Commonwealth to copy or photograph.
Last Name: Brooks Locality: Midlothian

Hello my name is Edwin F. Brooks and I handle criminal cases statewide. I have been asked to submit a comment since I am not feeling well today. I am in support of a uniform bill for the provision of discovery. Two years ago, I handled a case in Henry County Circuit Court. The Assistant Commonwealth's Attorney assigned to the case refused to email or even mail discovery. She stated that it was office policy that all attorneys drive to the office and personally pick up discovery. She would not even agree to me sending my client or another intermediary. I had to be the one who picked up and signed fore the discovery. I drove 3 and one half hours there to find that the responsive documents were two pages and a fifteen minute email that could have been transmitted via email. The office staff allowed me to ensure the video worked before I drove the 3 and one half hours back to the Richmond area. This experience was completely absurd and underlines the need for a statewide requirement for electronic discovery.

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