DOVER, Del. --- A proposal to allow criminal defense counsel to have access to reports on internal affairs investigations into police officers accused of wrongdoing has drawn concern from some groups representing law enforcement members in Delaware.
The change was proposed on Wednesday as part of a package of racial justice reforms announced by the Delaware Legislative Black Caucus and state officials, including state attorney general Kathy Jennings, who specifically referenced the proposal.
"We need to change the law enforcement officers' bill of rights that has been so...Sacrosanct, and will no longer be if we're going to make meaningful change," she said.
The Law Enforcement Officers Bill of Rights classifies some police officers' records regarding probes into possible misconduct. It also lays out the rules for documentation of cases in which officers are questioned and could face disciplinary action.
Tom Brackin with the Delaware State Troopers Association said the proposal is concerning because it an officers' record could potentially be presented in a way that could mislead jurors weighing a court case.
"It can be misinterpreted because all complaints are kept in that file but many of these complaints are often unsubstantiated, unfounded, or dismissed," he said.
Delaware FOP President Fred Calhoun echoed Brackin's concerns and worries that amending the LEOBOR could result in officers' actions being tried unfairly in the court of public opinion rather than a legal process.
"That takes precedence over the entire process," he said.