Broward prosecutors are no longer required to tell defense lawyers that Broward Sheriff Gregory Tony has credibility issues, the State Attorney’s Office confirmed Monday.
Tony was added in 2022 to the so-called “Brady list” of law enforcement officers who may testify at criminal trials but who may face credibility issues because of their own legal troubles. Officers, deputies and other law enforcement personnel who are facing criminal charges or are under investigation for misconduct routinely end up on the list, giving defense lawyers a legally permissible opening to challenge a witness in front of a judge or jury.
Tony was added after the Florida Commission on Ethics found he was untruthful and omitted information on legal forms as he underwent background checks for his jobs with Coral Springs Police and as he was vetted as a candidate to be appointed sheriff by Gov. Ron DeSantis in 2019.
The commission voted 3-2 earlier this year to resolve the allegations with a public censure and reprimand. According to published reports, DeSantis went outside Broward County to assign a prosecutor to review the allegations to avoid any appearance of a conflict of interest.
“Individuals do not remain on the current Brady list in perpetuity and are routinely removed after an investigation concludes and the list is updated,” said Broward State Attorney’s Office spokeswoman Paula McMahon.
While it’s not common for the sheriff to be on a witness list, it does happen. Not all prosecutors maintain a list of law enforcement officers with credibility issues, but Broward has maintained such a list for decades. Defense lawyers rely on them to potentially discredit prosecution witnesses.
A call to the Broward Sheriff’s Office for comment was not returned late Monday.
Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457.