D. Biard MacGuineas, 2014-Dec-21

Lawyers Routinely Withholding Discovery From Their Clients

Defense attorneys in southern Arizona are routinely violating their clients’ rights to copies of the government’s evidence against them. The attorneys are signing a waiver of their clients’ rights:

the undersigned defense attorney agrees on behalf of his client to the following: … 6. Defense counsel agrees that no copy of any federal or state report shall be given to the defendant…. By signing this agreement, defense counsel represents that s/he has discussed the terms of this agreement with his/her client, and that the client understands and agrees to the foregoing.

The attorneys are signing the waiver without defendants’ consent, and without informing defendants.

I have interviewed dozens of criminal defendants in the southern District of Arizona, who have asked their attorneys for copies of the government’s evidence against them. Only two of them have received the requested copies.^[1]

In my own case, my requests for copies of the government’s evidence were denied by attorneys including Saul M. Huerta (see docket 70), Steven Sherick, Gary S. Kneip (see Motion for Integrity), and D. Tyler Francis.

See also: Arizona State Bar Hides Lawyers’ Misconduct From The Public