MAURICE THOMAS BUTLER v. STATE OF MARYLAND, 107 Md. App. 345

Summary

The Prince George's County Police Department, in coordination with the Federal Bureau of Investigation (FBI), ran Operation Hornet, which focused on high priority drug areas within the county. An FBI special agent, while testifying, referred to his notes, made on the day of the arrest, in an effort to refresh his recollection, and to his official FBI report, the FD 302, detailing his activities. The court reversed the conviction, holding that once the trial court allowed the witness's memory to be refreshed by use of the notes, it was error under Md. Rule 5-612 not to allow inspection of the memorandum by defense counsel. Similarly, with regard to the FD 302, the trial court erred in denying defendant access to that statement, which, as an agent's investigation report that the agent prepared from his notes and recollections from witness interviews, was a statement as to the agent. The court could not declare that the denial of access to the agent's notes and statement was harmless ...