The U.S. Supreme Court in United States v. Agurs determined prosecutors have a constitutional duty to turn over exculpatory information “voluntarily” to defense counsel.

The court then will make a ruling as to whether the defense has the right to use that information in court to impeach a police officer.

“If I fail to turn over Brady (material), I could be disbarred,” said First Assistant U.S. Attorney Doug Horn, a 13-year Department of Justice prosecutor. “Sanctions are very severe.”

A police officer’s credibility could influence the decision whether to prosecute a defendant, Horn said.

Horn made the statements during his June testimony in a merit board hearing for suspended Muskogee Police Officer Jeremy Jenkins. It was the department’s second attempt to fire Jenkins.

Jenkins was accused of lying during his testimony in a December merit board hearing on his alleged use of excessive force.

Two of three merit board members voted they didn’t think the officer “intentionally” lied in the earlier hearing and reinstated him.

Jenkins compared discipline against officers during the merit board hearing in December. He said a suspect running away from another police officer stopped and turned toward that officer. Jenkins testified the “officer struck him (suspect) with the flashlight. I was with the officer when it happened.”

But other officers said Jenkins was not at the scene at that time. The officer who used his flashlight testified he did so because he was alone at the time, and the suspect was moving toward him and cursing him.

He said drunks were hollering behind him.

The question now is, how can officers whose credibility is an issue be utilized as an officer without putting a potential criminal case in jeopardy, said Muskogee Police Chief Rex Eskridge.

Jenkins said this week his attorney is out of town, and he doesn’t want to comment, but that “It’s been a mess.”

The city merit board earlier had voted 2-1 against Jenkins’ first termination for the alleged use of excessive force. The police board of supervisors had voted to terminate Jenkins in both instances.

The alleged use of excessive force had taken place while another officer was booking a suspect into jail on a misdemeanor charge of driving under the influence.

The surveillance video showed Jenkins grabbed the suspect by the throat, slammed him against a steel door and then held him by the throat before slamming him against an outside wall. Jenkins described his actions at the time as an “escort technique.”