A motion filed Friday says the State’s Attorney’s office colluded with police to withhold ‘discovery’ material obtained via Stingrays from defendants
From The Guardian/ by Nicky Woolf
More than 2,000 cases could be overturned in Baltimore as the first motion for a retrial is filed accusing the state’s attorney’s office and the police of “deliberate and willful misrepresentation” of the use of the secret surveillance equipment known as Stingrays.
The motion, which was filed on behalf of defendant Shemar Taylor by attorney Josh Insley in the Baltimore city circuit court on Friday, says the state’s attorney’s office colluded with the police department to withhold “discovery” material from the defendants and the courts about the use of the Stingray device. Taylor was convicted of assault, robbery and firearm possession.
Manufactured by the Harris corporation and around the size of a briefcase, Stingrays are one of a class of surveillance devices known as “cell-site simulators”, which pretend to be cellphone towers in order to extract metadata, location information, and in some cases content from phones that connect to it.
Prosecutors are required to reveal the evidence against defendants in the “discovery” phase of a criminal trial.
However, a Guardian investigation in April revealed a non-disclosure agreement that local police and prosecutors were forced to sign with the FBI before using the Stingray devices, which mandated them to withdraw or even drop cases rather than risk revealing Stingray use. (more…)