Macomb County Prosecutor Offers Same-Day Discovery Services with Transparent Tracking

Macomb County Prosecutor’s Office
Contact: Dawn Fraylick, Communications Director
Office: +1 (586) 469-5737 
Cell: +1 (586) 842-4421
Email: Dawn.Fraylick@macombgov.org    

August 26, 2024                    

Macomb County Prosecutor Offers Same-Day Discovery Services with Transparent Tracking

Mount Clemens, MI. — The Macomb County Prosecutor’s Office is now offering same-day discovery services, benefitting crime victims and the general public by reducing delays, ensuring a more efficient and transparent criminal justice process, and significantly speeding up access to crucial evidence for defense attorneys and criminal defendants. Prosecutor Peter J. Lucido has also taken steps to ensure transparency in the discovery process by publicly posting discovery processing dates on the office website, making Macomb County potentially the only prosecutor’s office to be so transparent with discovery timeliness.

Lucido emphasized that both speed and transparency are essential for a fair justice system. 

"Justice delayed is justice denied. By reducing delays, we help crime victims get justice more swiftly, while ensuring fairness in the process. This improvement benefits the entire community by speeding up case resolutions and increasing trust in our legal system," Lucido said. "I have to commend our dedicated four-member Discovery Unit staff, who work tirelessly to fulfill most requests the same day. Their commitment to excellence plays a critical role in reducing delays in the pre-trial process, ensuring that justice is served efficiently and that crime victims and the public receive the timely service they deserve."

Discovery, which includes police reports, witness statements, video recordings, scientific test reports, and other forms of evidence, is a vital part of the criminal justice process. Prosecutors are legally required to provide these materials to the defense to ensure fairness before trial. Under Lucido, most discovery requests are now fulfilled on the same day they are received, with processing status publicly posted online. The improvement ensures defendants receive crucial information, which avoids unnecessary delays for crime victims, helping streamline the pre-trial process while maintaining transparency and fairness.

The office issued charges in 7,483 cases from January through July so far this year. In 2023, charges were issued in 12,438 cases. From January through July this year, discovery was provided in over 6,200 cases, sometimes multiple times per case if supplemental reports are part of the case.

The Discovery Unit is comprised of a dedicated four-person clerical staff who manage and process all discovery requests. This team is responsible for efficiently handling a wide range of evidence

If discovery is not provided in a timely manner, it can lead to court adjournments and delays, which disrupt the legal process. Delays in discovery prevent the defense from adequately preparing for trial, often resulting in requests for more time. These postponements not only prolong the legal proceedings but also cause additional stress for crime victims and contribute to court backlogs, ultimately slowing down the entire justice system. Timely discovery is essential to ensure that cases proceed efficiently and justice is delivered without unnecessary delays.

Publicly Posted Discovery Status

To ensure that the discovery process remains transparent, the Macomb County Prosecutor’s Office now publicly posts the current processing date for discovery requests on its website at https://www.macombgov.org/departments/prosecutors-office/defense-attorn… The online posting reads: "The Discovery Unit is processing requests received on or before [date]."

Posting dates online allows defense attorneys and the public to see exactly when discovery requests are being processed, eliminating uncertainty and enhancing the office’s commitment to transparency. 

Lucido believes this level of transparency sets his office apart. 

"As far as we know, Macomb County may be the only prosecutor's office in Michigan that publicly posts discovery turn-around times," he said. "We want everyone to see how well we’re doing."

Technology Enhances Speed and Transparency

The improvements in discovery services are part of a broader technological overhaul in the Prosecutor’s Office, which includes new case management and digital evidence management systems. The volume of digital evidence has increased exponentially over the last few years with the advent of police body worn cameras, cell phone video and other technology.  Lucido implemented tools to streamline how evidence is received, stored, and shared, allowing the office to process discovery requests paperlessly and expedite the review of digital evidence like body camera footage.

“Our new technology not only allows us to respond to discovery requests faster but also enables us to be transparent with the public," Lucido said.

Efficiency Meets Fairness

The Macomb County Prosecutor’s Office handles thousands of cases each year, making the speed and transparency of discovery services essential for both the prosecution and defense. From misdemeanors to serious felonies, timely and transparent discovery helps prevent unnecessary delays in court proceedings, benefiting both the accused and the community at large.

Lucido emphasized that while speed is critical, fairness and thoroughness remain top priorities. "Our goal is to ensure that every defendant receives all relevant evidence in a timely manner, while maintaining the integrity of the case," he said. "Speed and transparency are important, but fairness and accuracy are even more so."

"Justice requires not only prosecution but also transparency," Lucido said. "By providing same-day discovery services and posting our progress online, we are working to make the criminal justice process as fair, efficient, and transparent as possible."

Greatly improving discovery service is not the only improvements Prosecutor Lucido has made since January 2021.  Other progress includes:

• Record Set for Fast Domestic Violence Warrant Processing: the Macomb County Prosecutor’s Office is processing domestic violence warrant requests more efficiently than ever, a significant improvement compared to the years before Lucido took office when warrant requests seeking domestic violence charges for out-of-custody defendants could accumulate.
   
• Child Support Collections Increased: intensified efforts to collect child support from parents who owe $5,000 or more, successfully collecting $1 million for Macomb County children since last year under this new initiative, with most collections done while avoiding criminal prosecution.
   
• Macomb County Prosecutor Shatters Glass Ceiling: Macomb County Prosecutor Peter J. Lucido hired a record number of women as assistant prosecuting attorneys, with women filling 70% of new positions in the past three years. A majority of all assistant prosecuting attorneys handling cases in the county are now women. Lucido also promoted a record number of women to lead special units within the prosecutor’s office. After implementing an objective hiring process, and a  commitment to build a diverse and inclusive team to prosecute crimes and reflect the community we serve, Lucido successfully filled all assistant prosecutor positions despite a national shortage, a rarity for an office this size.
   
• Victim services improved 67%: More Macomb County crime victims get more help. The Macomb County Prosecutor's Office increased by ⅔ the percentage of crime victims receiving crucial support services compared to 2020, the year before Lucido took office. More victims now receive victim rights services, including but not limited to assigned victim advocates, help getting restitution, hearing notices or other kinds of support.
   
• Mental Health Assessments for Gun Crime Defendants: Started a first-in-Michigan policy requiring mental health assessments as part of bond conditions in all gun crime cases, using existing resources to provide an opportunity for mental health services before a suspect gets a chance to commit another crime with a gun.
   
• Hate Crimes Unit Launched: created a Hate Crimes Unit, securing a vital U.S. Department of Justice grant paying 100% of all its costs, a distinction granted to only 16 organizations nationwide last year. Appointed Michigan's first and only solely-dedicated hate crimes prosecutor at a county level, ensuring robust enforcement and community education.
   
• Conviction Integrity Unit Exoneration: started this unit to investigate claims of innocence as a result of clear and convincing new evidence that the convicted defendant was not the person who committed the offense, and to review claims of factual innocence based on new evidence such as DNA.  This unit secured an exoneration.
   
• Major Crimes Unit Launched: Prosecutor Lucido organized the top-ranked assistant prosecutors to focus on major crimes, and train more APAs to handle these types of cases.
   
• Warrant Appeals Unit Launched: Established the state’s first formal prosecutor’s office unit allowing domestic violence victims (and all other crime victims) and law enforcement officials to have a second review of warrant requests where charges were denied.
   
• Digital Evidence Management Platform Implemented: With over 800,000 pieces of digital evidence, police agencies can now upload digital evidence, which the Prosecutor’s Office reviews, and defense lawyers can download directly, resulting in “discovery” information faster than it’s ever been provided.
   
• Increased Internships: Hosted over 200 law school and college interns. Court rules permit law student interns to handle court hearings under supervision, which helps the office serve victims and expedite cases.
   
• Paperless Crime Victim Rights: Implemented the county’s first paperless system for crime victims to request rights and notifications via text message or online.
   
• Police Training Provided: Regular training sessions by assistant prosecutors are conducted for every police agency in Macomb County, including updates on recent court cases.
   
• Enhanced Auto Theft Unit: Addressed a surge in attacks on car dealerships and manufacturing plants, prosecuting more continuing criminal enterprise cases in the past two years than in the previous decade, resulting in over $800,000 in restitution.
   
• Record number of national good government awards received:  The National Association of Counties (NaCO) presented 26 awards to the Macomb County Prosecutor's Office during Lucido’s tenure.  The 12 awards received in 2024 is the highest (record) number of awards the organization has ever presented in one year.

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