Judge Matthew Sciarrino Jr.
Clarke was charged with assault, among other things, and sought disclosure of all Violence Against Women Act (VAWA) and U-Visa paperwork regarding complainant, Patricia Clarke, his wife. It was alleged Clarke pushed Patricia causing her to fall and sustain injuries at the time they were married. He alleged that in exchange for assistance in this prosecution, prosecutors certified Patricia under VAWA, thus he moved to compel disclosure of all materials relating to her VAWA and U-Visa application, including United States Citizen and Immigration Services Forms I-918 supplement B. Clarke claimed prosecutors had a duty to disclose as the forms were Brady materials. Prosecutors argued they were only in possession of Form I-918 Supplement Bused to certify individuals as victims of qualifying criminal activity for temporary immigration benefitsand had no duty to obtain the remaining requested documents. The court agreed noting prosecutors were under no obligation to retrieve documents they were not in possession of. Yet, it stated that upon a review of a blank form online, it was evident that a completed form in the prosecutors’ possession may contain Brady and/or Rosario material, and must be turned over for in camera review prior to trial.
