South Florida Criminal Attorneys Blog
Giglio evidence refers to any information or material that may be used to impeach the credibility, testimony, or character of a prosecutor’s witness in a criminal case. In Giglio vs United States, John Giglio was convicted of using forged money orders with the assistance of Robert Taliento. The government, however, made a deal with Taliento to testify for them against Giglio in exchange for his immunity against prosecution. The jury and defense were unaware of this deal and ultimately Giglio was convicted. This deal was discovered after Giglio’s conviction and his defense team sought to overturn the jury’s decision based on the concealment from the government making Taliento’s testimony unreliable. In 1972, the case had reached the Supreme Court where they ruled that the failure to inform the jury on any agreements the government makes with any witness is a violation of a defendant’s due process rights, and therefore warranted a new trial.
Giglio evidence as a defense
Giglio evidence or material is a powerful tool to be aware of and use to defend your case or lead a successful post conviction appeal. An officer involved in a defendant’s arrest, for example, can be barred from testifying through a Giglio letter if the officer lacks integrity and credibility like concealing evidence in the past or any other misconduct. Other examples that must be presented by the prosecutor are:
Bias or animosity against the criminally accused
Bias or animosity against a group of which the defendant is affiliated or a member
Relationship or affiliation with a victim of the crime being charged
Uncharged but known criminal conduct
Prior convictions
Mental health issues, known substance abuse or other issues that could affect the witness’s ability to perceive and recall events
Giglio Evidence in Florida, Rule 3.113
In the state of Florida, Giglio evidence is so crucial that attorneys are required under rule 3.113 “before an attorney may participate as counsel of record in the Circuit Court for any adult felony case, including post-conviction proceedings before the trial court, the attorney must complete a course, approved by the Florida Bar for continuing legal education credits, of at least 100 minutes and covering the legal and ethical obligations of discovery in a criminal case, including the requirements of Rule 3.220, and the principles established in Brady v. Maryland, and Giglio v. United States.”
The state of Florida is the only state to require this course.
If you have been convicted of a crime and you suspect there has been Giglio evidence that was not presented to the court, call us here at the law office of Michael B. Cohen 954.928.0059. We can request Giglio information and use it to create a strong case for an appeal for your justice. We will gladly answer any questions and provide you with all the information you need.