BOISE, Idaho (AP) — Boise prosecutors have been forced to notify defendants in dozens of cases that a police officer who was found to have lied under oath in one case, may have lied in other cases.
Prosecutors are required to turn over any evidence that can exonerate defendants, including if a police officer has a history of lying under oath. Those incidents are often referred to as "Brady violations," named after one of the landmark U.S. Supreme Court cases that established that such exculpatory evidence must be disclosed.
The Idaho Statesman reports a deputy city prosecutor sent 19 such notices out on June 11, informing the defendants that former Boise Police Department officer Kayse Stone violated departmental policies regarding truthfulness in court testimony during a child custody hearing. Boise city spokesman Mike Journee said Monday that the prosecutor ultimately notified or attempted to notify 47 defendants.
"It has come to the State's attention that on May 16, 2019, a Boise Police Department internal investigation sustained findings against Officer Kayse Stone for violating departmental policies regarding truthfulness in testimony in court," Deputy City Attorney Bryan Norton wrote in all of the June 11 notifications obtained by the newspaper.
Stone no longer works for the police department. She referred requests for comment to her attorney, who declined to comment on the case.
Boise Police Chief Bill Bones declined to comment directly about Stone's case, instead saying in a prepared statement that the department turns over all suspected Brady violations to the prosecutor's office for handling.
Internal Boise Police Department emails obtained through a public record request showed that Boise Police Capt. Brian Lee sent out an email on June 5 informing the other officers that Stone was no longer employed with the department and should not be allowed in the building without an escort from a commander.
Most of the internal investigation that led to the Brady notification involved Stone's testimony in the case of Matthew Lee, a Boise man who has charged with misdemeanor stalking in 2018. The charge came after Stone and her husband, Zane Stone, alleged that Lee was stalking them in their Eagle neighborhood.
Lee disputed that charge, saying his girlfriend used to be a neighbor of the Stones, and months later prosecutors dismissed the case.
Still, after his arrest, the mother of Lee's daughter tried to win custody of the child, citing the stalking charge. Kayse Stone testified during the child custody hearing, according to court transcripts, and made conflicting statements under oath. The newspaper obtained copies of the transcripts from Lee's attorney.
On Dec. 18, 2018, Lee filed a complaint with BPD accusing Stone of misconduct.
Bones wrote Lee a letter, dated May 16, 2019, stating that an investigation was conducted regarding Stone's actions.
"The investigation found sustained violations of Department policy reference your allegations of conduct, truthfulness, the running of your personal information and the sharing of your driver's license photo," the letter states. "The appropriate disciplinary action will be taken (referencing) these sustained violations of policy."
Information from: Idaho Statesman, http://www.idahostatesman.com