ALBUQUERQUE – Is it acceptable for prosecutors to redact portions of victims’ and witnesses’ Social Security numbers and dates of birth when they provide case documents to the defense?
That’s what defense attorneys in Albuquerque want to know.
According to the Albuquerque Journal, defense lawyers say there are no rules that allow for this new practice and that prosecutors unilaterally made a decision to deprive them of information that they’re entitled to receive.
The attorneys now worry that allowing the state to decide what information the defense deserves sets a bad precedent.
Prosecutors and victim advocates say providing criminal defendants with this sensitive material leaves witnesses vulnerable to intimidation and possible harm, which may dissuade them from participating in the process.
As a result of those concerns, the Journal reported that some divisions of the 2nd Judicial District Attorney’s Office have in recent months begun redacting victim and witness dates of birth and Social Security numbers, leaving only the year of birth and the last four digits of the Social Security number.
“We know with the work that we do with domestic and sexual assault survivors and child abuse survivors that personally identifying information can be used as a tool to continue to stalk and create economic barriers for survivors of crime,” said MaryEllen Garcia, the grants bureau chief for the New Mexico Crime Victims Reparation Commission.
The topic was at the center of a hearing in state District Court last week after defense attorney Megan Mitsunaga asked a judge to impose sanctions against the state for redacting supplemental police reports in a child abuse and burglary case.
Judge Jacqueline Flores asked attorneys to submit their arguments in writing and said she will rule at a later time.
“I do see what the concerns are,” Flores said. “I’m worried that once the state starts redacting information that they deem inappropriate or unavailable or undiscoverable, it perhaps could lead to other things being redacted that the state also deems inappropriate or somehow not discoverable. There’s nothing specifically in the rule that allows you to do this.”
Prosecutor Natalie Lyon said the state is prepared to appeal, depending on the judge’s ruling.
