FAIRFIELD – Jefferson County Sheriff Bart Richmond has been placed on a Brady-Giglio list.

According to public records obtained by the Southeast Iowa Union, Jefferson County Attorney Chauncey Moulding placed Richmond on the list on June 25 following an investigation into an incident whose details are not public.

Richmond is the only Jefferson County police officer on the Brady-Giglio list, and the official reason for his inclusion on the list is “lack of candor, obstruction of investigation.”

A Brady-Giglio list is a list of police officers who the prosecutor (in this case, the district attorney) determines have a history of “incidents of untruthfulness, criminal convictions, problems with candor, or other issues that call into question the officer’s credibility.”

One consequence of Richmond’s inclusion on this list is that Moulding will not call Richmond as a witness.

“In very short, you will no longer be considered a credible law enforcement witness in the courts of Jefferson County and will no longer be called as a law enforcement witness in criminal cases charged in this jurisdiction,” Moulding wrote in a June 25, 2024, letter to Richmond, obtained by The Union through a public records request. “Therefore, as of this date, you should refrain from engaging in any activity that would make you a witness to any crime occurring in this jurisdiction, including, but not limited to, interviewing witnesses, issuing subpoenas, writing criminal complaints under oath, or writing and executing search warrants. Your involvement in such activities could likely have a negative impact on outcomes in court.”

The union asked Richmond for comment on his inclusion on the list, and he responded in an email that he does not comment on ongoing legal matters.

The name “Brady-Giglio List” comes from two U.S. Supreme Court cases: Brady v. Maryland (1963) and United States v. Giglio (1970). These cases held that a prosecutor’s failure to disclose potential credibility problems with a witness violated the Constitution’s Due Process Clause.

In his June 25 letter to Richmond, Moulding discusses the events that led him to place Richmond on the Brady-Giglio list.

“I am disappointed that I have to write this letter, but your conduct leaves me no choice,” Moulding began his letter to Richmond. “I am legally and ethically obligated to maintain a list of officials in this jurisdiction whose credibility is called into question by their conduct. Unfortunately, your recent actions and inactions have raised doubts about your truthfulness and sincerity and appear to be an overt attempt to conceal or withhold legally relevant information from my office and to instruct your subordinates to do the same.”

Moulding wrote that he had scheduled a meeting where Richmond could give his opinion before Moulding made his decision. The meeting was scheduled for June 21 at 10 a.m. Moulding wrote that Richmond had been informed of his right to consult with an attorney and that “Attorney Schrock” had contacted his office, but was unable to attend the scheduled meeting, even a suggested alternative date, and was unable or unwilling to attend remotely.

Richmond did not appear at the June 21 meeting and was forced, Moulding wrote, to “make a decision without having an opportunity to receive your input and information.”

Specifically, Moulding wrote that he was putting Richmond on the Brady-Giglio list for the following reasons:

“You have ignored numerous requests for information regarding an incident that occurred (redacted) and involved (redacted).

“You flatly refused, without explanation, a request from my paralegal for policy documents (which, except that the County Counsel and District Attorney are entitled to them under a number of principles, are public documents available to any member of the public upon request);

“You have instructed your subordinates not to cooperate with any investigation by my office.”

Moulding wrote that these facts cast doubt on Richmond’s “judgment, credibility, candor and truthfulness, and I have lost faith that your statements can be relied upon as truthful. As a result, I am compelled to place your name on a Brady-Giglio list maintained by my office.”

Moulding added that he would be “happy to accommodate” a request from Richmond to reconsider the decision.

“Frankly, while I am disappointed in your poor judgment of late, this does not have to be a permanent impairment for you, and I would be happy to hear solutions to address your issues with candor and honesty with my office,” Moulding wrote.

On the same day that Moulding wrote to Richmond to inform him of his inclusion on the list, he also informed other law enforcement agencies of his decision, including the Fairfield Police Department leadership team, Jefferson County Deputy Police Chief Jerry Marcellus, as well as representatives from the Iowa State Patrol, Iowa Department of Criminal Investigation, Iowa Attorney General’s Office and U.S. Attorney for the Southern District Rich Westphal.

Moulding told other law enforcement agencies that his decision to place Richmond on the Brady-Giglio list “in no way impacts the deputies and employees of the Sheriff’s Office, who conduct themselves in accordance with the best traditions of law enforcement and are among the most professional law enforcement officers in Eastern Iowa.”

Call Andy Hallman at 641-575-0135 or email him at [email protected]