Brady Violations — Prosecutors — Galsworthy Criminal Justice Reform Program

Hundreds of police officers have been labeled liars. Some still help send people to prison.

“In a case that came down to one man’s word against another’s, jurors believed the police officer. Because of his prior offenses, Vara was sentenced to 25 years in prison. What happened to Vara has been unconstitutional for more than 50 years. The U.S. Supreme Court ruled in 1963 that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial. That includes sharing details about police officers who have committed crimes, lied on the job or whose honesty has been called into doubt.“

USA Today

October 17, 2019

False Convictions, SentencingPhillip ReevesOctober 17, 2019USA Today, Brady ViolationsComment

The Senseless Legal Precedent That Enables Wrongful Convictions

“This week, however, the Fifth Circuit Court of Appeals threw out his lawsuit, siding with the city’s defense that it wasn’t legally liable for the guard’s actions. But the judges also rejected Alvarez’s constitutional argument. Yes, the court said, prosecutors have to turn over evidence that may prove a defendant’s innocence for a criminal trial. But that constitutional right doesn’t apply when the defendant agrees to a plea bargain, they concluded.“

The New Republic

September 21, 2018

DiscoveryPhillip ReevesSeptember 24, 2018The New Republic, 5th Circuit Court of Appeals, Texas, Brady ViolationsComment

TX: Discovery Better Late than Never? The Fifth Circuit Apparently Thinks So

"One major hurdle in these delayed-disclosure cases is that courts put the burden on the defense to prove that the delay prejudiced them. It then discounts any argument made on the basis that it is speculative. Why should the defense bear the burden when the Government has either intentionally gamed the system or unintentionally failed to meet its obligations?"

The Open File

July 18, 2018

The Epidemic of Brady Violations: Explained

"In courtrooms across America, prosecutors regularly withhold evidence from the defense that could blow holes in their cases. That’s a violation of the Brady doctrine, based on a 1963 Supreme Court ruling that requires them to disclose any information favorable to the defense."

The Appeal

April 25, 2018

ProsecutorsAnthony BradleyJuly 29, 2018The Appeal, Brady Violations

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