Judge: Yakima police officer to remain on 'Brady List'

Judge: Yakima police officer to remain on 'Brady List' »Play Video
YAKIMA, Wash. -- A Yakima County judge upheld the public disclosure of a list containing "Brady" police officer Gary Garza, following his request to have his name removed.

Yakima Police Officer Gary Garza saw his reputation tarnished after an internal investigation last year found his police work, "included incomplete, inaccurate and potentially false information" in order to obtain a search warrant for a drug investigation.

Garza's lawyer is fighting to restore the officer's image. He said during a Friday hearing that his client's "legal rights are being violated."

Garza's upset that his name landed on Yakima's "Brady List," which has implications in court cases.

It means prosecutors must disclose Garza's previous misconduct whenever he's named as a witness in the case.

Police are typically provide some of the key testimony in criminal trials.
This designation is something that could hurt his credibility in court.

KIMA asked Yakima City Prosecutor Cynthia Martinez, "It wasn't determined that he lied or that he was dishonest, but it's still important to put him on the list?"

"That is potential impeachment information," Martinez said. "That a defense attorney may seek to admit at trial."

KIMA pulled court documents and found Garza's name has been disclosed to defense attorneys four times for being on that list.

He's currently banned from being a federal witness because of it.

Garza's lawyer argues his client's name was put on the list prematurely.

"Garza's union has appealed on his behalf, the discipline that's been imposed and the finding that's been imposed," said Attorney Bob Tenney, who represented the City of Yakima Friday.

Despite the claim, the judge ruled that Garza will remain on the "Brady List."

Garza is still appealing the department's findings against him. Arbitration is pending.