Discovery in a criminal case; MCR 6.201; Motion to compel the production of unredacted police reports; The prosecution’s authority to redact witness contact information from discoverable police reports; MCR 6.201(A)(1) & (B)(2); Protective order; MCR 6.201(E); Modification of the requirements & prohibitions of the discovery rule; MCR 6.201(I); Court rule interpretation; Effect of the omission of a provision in one statute that is included in another statute; People v Underwood; Expressio unius est exclusio alterius; People v Garrison

Addressing an issue of first impression, the court held that the trial court did not err by determining that MCR 6.201(A)(1) did not grant the prosecution “the unilateral authority to redact police reports that were required to be disclosed under MCR 6.201(B)(2).” Thus, it affirmed the trial court’s order compelling disclosure of the unredacted police reports and remanded noting that, on remand, the prosecution “may request a protective order under MCR 6.201(E) or pursue an exception under MCR 6.201(I).” Defendant was charged with first-degree child abuse and open murder. During discovery, the prosecution provided defense counsel with a copy of the felony information containing the names of witnesses who could be called at trial, but no contact information. The contact information was redacted from the police reports provided to defense counsel. Defense counsel then successfully moved to compel the production of unredacted police reports. On appeal, the court rejected the prosecution’s argument that the trial court abused its discretion by granting defendant’s motion to compel unredacted police reports, noting that under MCR 6.201(B)(2), “redaction of police reports and interrogation records is permitted only when the information relates to an ongoing investigation.” In addition, “the fact that MCR 6.201 provides specific avenues to restrict the information disclosed in police reports supports the interpretation that the prosecut[ion] does not have the unilateral authority to redact information in a police report.” The court concluded that “absent an applicable exception provided for in MCR 6.201,” the prosecution must “produce unredacted police reports under MCR 6.201(B)(2).” It further noted that the “trial court left open the possibility that the prosecution may file for a protective order.”