DETROIT (FOX 2) - A lawsuit has been filed against Wayne County Prosecutor Kym Worthy by a Detroit police officer who appears on her public list of officers unable to testify in court despite his acquittal.
Charles Lynem was involved in two separate cases in 2015. Charges included the false report of a felony, failure to uphold the law as a public official, embezzlement, larceny, and embezzlement as a public official over $50.
Original Report: Two Detroit police officers charged with theft, misconduct
According to the lawsuit, a jury trial found Lynem not guilty in both cases, and he remains a police officer in Detroit.
Last summer, Worthy released the Giglio-Brady list, which includes current and former police officers who she said are unable to testify in court because of previous crimes that may damage their credibility. These offenses include theft, dishonesty, fraud, false statement, bias, and bribery.
Lynem is one of 35 officers on that list.
Read: Worthy releases list of police officers unable to testify in court
According to Worthy’s office, officials contacted police agencies to get lists of current and past officers who committed offenses that could bring their credibility into question in court.
Kym Worthy
In Giglio vs. The United States (1972), court precedent was established surrounding disclosing the credibility of the state's witnesses. This case was used as the list was established by Worthy’s office.
The lawsuit alleges that the list doesn’t distinguish between officers who were convicted, acquitted, or accused because it just shows the reason they are on the list. The suit asserts that the list, as it is, makes it appear as if all officers on it, including Lynem, were convicted of the offenses mentioned.
The lawsuit also notes that the statement that officers on the list "committed offenses that involve theft, dishonesty, fraud, false statement, bias, and bribery," made by Worthy is not true in Lynem’s case because he was acquitted.
"Worthy was acting outside the scope of her executive authority where she published Giglio-Brady lists including Plaintiff’s name along with the false statements recited herein to the public through press releases and public statements," the lawsuit claims.