In the Missouri criminal justice system, whether the charge is a felony or a misdemeanor, the principles of “fundamental fairness” require that the State provide the defense with specific evidence.”

As noted in my overview post on this subject, “Discovery” of evidence depends on two factors: is it is a misdemeanor or felony; and if a felony, how it is filed.

Here is the “Discovery” series of posts: (1) Overview; (2) Felony Complaint; (3) Felony Information; (4) Grand Jury Indictment [this post]; (5) Misdemeanor Information.

Filing of the Grand Jury Indictment

Under Missouri Supreme Court Rule 25.03(b), once a grand jury indictment is filed, the prosecutor has an affirmative duty to disclose certain materials to the defense. Unlike federal standards that may focus strictly on what the prosecutor physically has in their file, Missouri law places a higher burden on the State.

• Affirmative Duty: The State must take action to discover information it does not yet possess.
• Scope of Control: The prosecutor must locate records not only in their own possession but also those in the control of other governmental personnel.

What Must Be Disclosed?

Based on the discovery requirements Rule 25.03(b), here is a summary of the eight categories of material the State must disclose to the defense upon request:

• Law Enforcement Reports and Multimedia: Includes all arrest, incident, and investigative reports, as well as dash camera, body camera, surveillance, and jail videos, plus any electronic communications or data related to the charged offense.
• Witness Information and Dispatch Records: The names and addresses of all intended State witnesses, their written or recorded statements, and dispatch records such as 911 tapes and police radio calls.
• Statements of Defendant and Co-Actors: Any written, recorded, or oral statements made by the defendant or co-defendants, including a list of all witnesses who heard or acknowledged these statements.
• Prior Proceedings and Transcripts: Any existing transcripts or recordings of preliminary hearings or previous trials related to the case that are in the state’s possession or available to them.
• Expert Evidence and Scientific Tests: Reports or statements from experts, including the results of physical or mental examinations, as well as scientific tests, experiments, or comparisons.
• Trial Exhibits and Seized Property: Any documents, photographs, videos, or objects the State intends to use as evidence at trial, as well as any items obtained from or belonging to the defendant.
• Criminal Histories of Witnesses: Records of prior criminal convictions, guilty pleas, findings of guilt, or nolo contendere pleas for every person the State intends to call as a witness.
• Surveillance Documentation: Records of any photographic or electronic surveillance (such as wiretapping) of the defendant, their conversations, or their premises, accompanied by a written summary of the time, place, and persons involved.

Exculpatory Evidence.

The State also has a duty to produce “any material or information that tends to negate the guilt of defendant for the charged offense, mitigate the degree of the offense charged, reduce the punishment of the offense charged, and any additional material or information that would be required to be disclosed to comply with Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972) and their progeny  [Rule 25.03(g)].

See post here regarding Brady Material [pending post]; and

See post here regarding Giglio Material.

Here is a redacted example of a discovery request by the Defense for a misdemeanor information in Associate Circuit Court.

The Impact of Nondisclosure

Whether the failure to disclose evidence is due to “negligence or design,” it remains the responsibility of the prosecutor’s office. If the reliability of a witness is central to the case, the failure to disclose impeachment material—often called Giglio material—constitutes a violation of due process and may require a new trial.