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All free downloads are 100% authentic, no pirated version of any kind available are included. the same time, the unavailability of the email to refresh memories of the only eyewitness to the events, Officer Andrews, is particularly troublesome. If the police take no meaningful steps to preserve the notes of a crime scene which are made on the back of a police report, courts will likely conclude that the defendant’s due process rights were violated when the prosecution withheld a potentially exculpatory statement which was central to the defendant’s case.
The Court realizes that records notes may be used by police officers during an investigation. In this case, however, the record notes were used to refresh Officer Andrews’ recollection of the events of the night in question. Neither the police nor the prosecution can use the notes to prepare their defense, and as a result, any party could be prejudiced by a question on cross-examination regarding the notes. In these circumstances, the potential that the notes could be used for legitimate police purposes is irrelevant. As the Supreme Court has stated, it is, rather, “`the moral duty of a policeman’ to record his suspicions.” Albrecht, 390 U.S. at 150, 88 S.Ct. at 847. The fact remains that the notes were never turned over to defense counsel, despite the fact that the existence of the notes had been specifically and repeatedly assured defense counsel by Assistant District Attorney Miele.
Finally, although the prosecutor’s reasons for failing to produce the notes were not entirely compelling, the Court is satisfied that the prosecutor acted in good faith and in a conscientious and professional manner. The prosecutor did not deliberately deprive plaintiff of any of his constitutional rights, although he did fail to comply with the Wisconsin Code of Criminal Procedure as required by law.
By no means can plaintiff’s case for malicious prosecution be characterized as the exceptional one which requires an award of qualified immunity. There is nothing clearly established in Wisconsin or elsewhere regarding the propriety of the conduct in which the prosecutor here engaged. Moreover, there are no bad faith or extreme circumstances which would override the interests the prosecutor *1118 had in the efficient processing of the case. Most importantly, there is no showing of any prejudice to the plaintiff in being required to go to trial with an incomplete police report. In view of all these factors, it is clear that the Wisconsin Attorney General should not be required to pay damages for a mistake of judgment which was, at worst, negligent.
For the reasons stated, the motion of defendant Wisconsin Attorney General

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