BUFFALO, N.Y. — The Erie County District Attorney’s Office has added Erie County Sheriff Narcotics and Intelligence Chief Daniel “D.J.” Granville to its database of police officers with credibility issues.

The move could affect Granville’s ability to testify and will create a hurdle that prosecutors must overcome in order to build effective cases against illegal drug trafficking networks. 

The DA’s office acknowledged that it comes as a result of 2 On Your Side reporting on a pending federal court case in which key evidence seized from a Buffalo home associated with an alleged drug dealer was thrown out of court after Granville and other members of his narco unit were caught on video allegedly staging evidence, conducting illegal searches, and misleading a judge.

A federal judge wrote that the case revealed “damning evidence of … unlawful conduct by law enforcement officers” and said Granville’s actions were “particularly egregious.” Granville and his narcotics unit searched parts of a home for which they had no warrant, which was caught on tape by security cameras the police did not realize were recording their actions.

“Chief Detective Granville was caught on video planting evidence in a trash can when he claimed to be conducting a ‘security sweep,’ a lie he would have gotten away with but for the DVR system that was installed at the property that law enforcement officers didn’t discover until over 20 minutes into their unlawful intrusion into the second floor of the property,” defense attorney Donald M. Thompson wrote in court papers.

The case raised questions about a statement Sheriff John C. Garcia made on Aug. 19 when he suspended Granville for 30 days following Granville’s guilty plea to reckless driving and leaving the scene of an accident.

Garcia called Granville “an exemplary employee with no previous history of discipline or misconduct” but the Sheriff’s Office refused to release its investigation report into Granville’s hit-and-run crashes that were revealed in a 2 On Your Side investigation in March.

Christopher Horvatits, spokesperson for Garcia, released a statement saying, “A 245.20 statement pertains to discovery and disclosure obligations. It does not impeach Chief Granville’s credibility and does not prevent him from rendering testimony. It is important to note that in his decision, Judge Arcara wrote that the Court did not make any explicit credibility finding with respect to Chief Granville. Our law enforcement partners continue to seek his and the Erie County Sheriff’s Office Narcotics and Intelligence Unit’s assistance with their investigations. These partnerships result in the seizures of dangerous, illegal drugs and guns from the streets of Western New York.”

Granville did not respond to a request for comment.

‘Brady lists’ and officer credibility

Last week, 2 On Your Side asked DA spokesperson Kaitlyn Munro whether Granville’s name had been placed on what is commonly referred to as a “Brady list” of officers with credibility issues.

District attorney’s offices across the country maintain such lists because the U.S. Supreme Court ruled in 1963 (in the case of Brady v. Maryland) that prosecutors must disclose to the defense any evidence that could be favorable to the accused, including evidence that may impeach the credibility of a government witness. 

A 1972 ruling by the Court expanded that ruling to include information that could cast doubt on the credibility or honesty of government witnesses, such as law enforcement officers.

Munro said the DA’s office “does not maintain a Brady list” but maintains a file of “statements that our office prepared for certain officers whose credibility had been called into question in a judicial decision.”

“Regarding your inquiry with respect to Chief D.J. Granville, our office is aware of your recent report regarding a pending federal case,” Munro wrote in an email, adding that the office was “reviewing” rulings in the case by U.S. District Judge Richard J. Arcara and Magistrate Judge H. Kenneth Schroeder, Jr. 

“In accordance with our previously referenced practice, any adverse credibility determination made by the federal judges will be included, along with a CPL 245.20 statement prepared by our office, in the database,” Munro said.

A CPL 245.20 refers to a section of New York Criminal Procedure Law that was reformed in 2020. The law requires prosecutors to disclose to the defense “all evidence and information…that tends to: negate the defendant’s guilt as to a charged offense…impeach the credibility of a testifying prosecution witness” or “provide a basis for a motion to suppress evidence.”

In the federal case, prosecutors dropped 13 of the original 14 counts with which they originally charged the alleged drug dealer, David Burgin. 

Late Friday, Munro said the office’s review of the federal court documents in the Burgin case was complete.

“Today, the District Court Judge’s Decision and Order, the Magistrate Judge’s Report, Recommendation and Order and the Supplemental Report, Recommendation and Order, and a CPL 245.20 statement were added to his file in our internal database,” Munro wrote. 

Granville’s cases could be challenged

Defense attorney John Elmore, who is not involved in this case, said based on the revelations in the federal case, “it’s going to create havoc in the court system, in the criminal justice system, in this county.”

“Every single narcotics case that Granville has been involved in…in the last 20 years now could possibly be compromised,” said Elmore, who is also a former New York State trooper. “Every defense attorney, whether there’s been a criminal conviction, whether cases are pending…they’re going to be looking for their files to see if there’s a way that a motion can be filed to overturn a conviction, to overturn a suppression of evidence, to overturn a trial where Granville testified. 

Elmore said “there’s a ray of hope” for any defendant who was prosecuted as part of a drug case in which Granville was involved. 

The federal case also has implications for the Sheriff’s Office, since Granville remains the chief of narcotics and intelligence. Granville made $214,000 last year with overtime and other perks and Elmore said he was likely involved in training other deputies.

“How did he train them?” Elmore asked. “Did he teach them to cut corners like like he did? Did he train them to falsify documents the way that he did or did they learn the right way under him?”