Checklist

Brady Compliance Checklist

A comprehensive checklist for ensuring full Brady and Giglio compliance when handling video evidence in criminal defense cases. Use this checklist to systematically identify and document all potentially favorable evidence.

12 min read36 checklist itemsLast updated February 2026

Important

This checklist is a reference tool, not legal advice. Brady and Giglio obligations vary by jurisdiction. Always consult your jurisdiction's specific rules and case law regarding prosecutorial disclosure obligations.

Pre-Trial Discovery

Serve discovery requests specifically demanding all body camera, dashcam, surveillance, and cellphone video related to the incident
Request all metadata associated with video files, including timestamps, GPS data, device information, and chain of custody logs
Demand disclosure of any video that was recorded but subsequently deleted, lost, or is otherwise unavailable
Request all video from officers or cameras in the vicinity, even if not directly involved in the arrest
Serve Brady/Giglio demands specifically identifying video evidence categories
Request the prosecution's evidence log with file names, hashes, and source information for all video

Evidence Intake and Verification

Verify file integrity by comparing SHA-256 hashes against prosecution-provided values
Document the date, method, and source of each piece of video evidence received
Log any discrepancies between evidence received and evidence described in the discovery response
Check for completeness: verify all requested videos were provided
Note any gaps, edits, or anomalies in the video files
Create a working copy and preserve the original in its received state

Exculpatory Evidence Review

Review all footage for evidence that tends to prove the defendant's innocence
Identify video segments showing the defendant's compliance or cooperation
Look for evidence contradicting the prosecution's theory of events
Check for alternative suspects or third parties visible in the footage
Document any use of force that may be excessive or unjustified
Note environmental factors (lighting, obstructions) that undermine identification

Impeachment Material (Giglio)

Compare officer statements in written reports against their statements on video
Identify discrepancies between what officers said on camera and what they wrote in reports
Document any inconsistencies between different officers' accounts on video
Note statements by officers indicating bias, prejudice, or improper motive
Check for evidence of coaching, coordination, or discussion between officers before writing reports
Review for Miranda warning compliance and any statements obtained improperly

Documentation and Tracking

Maintain a Brady/Giglio disclosure log tracking all potentially favorable evidence identified
Create a timeline correlating video evidence with key events described in reports and testimony
Document the methodology used to review video evidence (tools, settings, analysis parameters)
Prepare a summary of all contradictions between video evidence and prosecution materials
Generate timestamped reports linking specific claims to specific video frames
Preserve all analysis work product with chain of custody documentation

Filing and Motions

File a Brady motion if potentially exculpatory video evidence has not been disclosed
File a motion to preserve video evidence if there is any risk of deletion or alteration
Prepare a motion to compel if the prosecution has not produced all requested video
Consider filing a Giglio motion highlighting officer credibility issues revealed by video
Prepare sanctions motion if evidence has been destroyed or materially altered
Document all Brady/Giglio issues for potential appellate review

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