DA Bars TDPD Officer From Testifying

The Wasco County District Attorney’s Office announced Tuesday that an officer in The Dalles Police Department has been barred from testifying in any case it prosecutes because of intentional and malicious deceptive conduct.  District Attorney Matthew Ellis says the decision regarding Officer Jeff Kienlen follows an investigation stemming from a Notice of Discipline letter issued in February 2011 which demoted Kienlen from Sergeant to Officer due to his violation of The Dalles Police Policy for Truthfulness.  In a statement, Ellis says previous District Attorney Eric Nisley never disclosed that letter to defense attorneys as clear discoverable evidence as required under what is known as the Brady rule, stemming from a case in Maryland.  Ellis was a defense attorney before winning election to the D.A.’s position over Nisley last year.  Ellis added the District Attorney’s Office continues its investigation into why the 2011 Notice of Discipline regarding Kienlen was not included in the former District Attorney’s disclosure index, and to review cases from the last ten years to determine if any action is warranted.  Kienlen was given the opportunity to present evidence in response to the allegations, and the D.A.’s office formally notified him of the exclusion decision on Tuesday.   Ellis says this is the first time in recent history that a member from law enforcement in Wasco County has been prohibited from testifying as a State’s witness because of their conduct.

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