tag:blogger.com,1999:blog-7200063247219569854.post5578102718872290851..comments2023-11-05T02:56:53.212-06:00Comments on Cynthia Henley, Defender of the Accused: What Is Exculpatory Evidence & When Must It Be Given To The DefenseCynhttp://www.blogger.com/profile/07993338428737911814noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-7200063247219569854.post-63152543873910286172009-08-20T14:37:09.040-05:002009-08-20T14:37:09.040-05:00@anonymous - I know of no pre-trial case dismissal...@anonymous - I know of no pre-trial case dismissals. Of course, there would be no "case" on appeal because it is the DAs who decide whether or not to dismiss the case. I also can tell you that in the case of destruction of evidence, one has to PROVE that the evidence would have been exculpatory - which is impossible because it no long exists.Cynhttps://www.blogger.com/profile/07993338428737911814noreply@blogger.comtag:blogger.com,1999:blog-7200063247219569854.post-42869458853308453582009-08-20T14:27:35.219-05:002009-08-20T14:27:35.219-05:00Good stuff, do you know of any case law where a di...Good stuff, do you know of any case law where a dismissal was granted prior to trial and the only evidence was brady recantation?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7200063247219569854.post-63800855502055004572009-07-16T15:24:56.814-05:002009-07-16T15:24:56.814-05:00@ Jeff Gamso - you can order the books from their ...@ Jeff Gamso - you can order the books from their website (http://www.tdcaa.com) or buy them at most bookstores that sell law school books.<br /><br />And, I totally agree with your assessment of what many of them understand Brady to be. You would think they would know, without additional training, that if it conflicts with what the complainant said before, then it should be turned over. It never ceases to amaze. I heard they just had prosecutors actually hide evidence in CCCL 1 yesterday. This is hearsay but the skinny is that they not only did not disclose a fact, but when they provided the offense report, they actually did not provide the page that had the particular fact in it. That sounds like it should be a crime - even if is not (which is arguable.)<br /><br />Thanks for posting guys & gals.Cynhttps://www.blogger.com/profile/07993338428737911814noreply@blogger.comtag:blogger.com,1999:blog-7200063247219569854.post-8650358703384859632009-07-16T15:16:46.801-05:002009-07-16T15:16:46.801-05:00@ Anonymous. The blogspot before this one was jus...@ Anonymous. The blogspot before this one was just about jury selection. This is the first about the trial. Sorry it must be confusing. (Why would you post such a question as anonymous? Things that make you go hmmmmmmm.)Cynhttps://www.blogger.com/profile/07993338428737911814noreply@blogger.comtag:blogger.com,1999:blog-7200063247219569854.post-13992984525253937802009-07-14T13:53:48.266-05:002009-07-14T13:53:48.266-05:00Wait. How do I get a copy of the "District A...Wait. How do I get a copy of the "District Attorney's Association book on Brady - what it is & when to disclose it"? I want it. If it's any good, I've got bunches of prosecutors who need a copy.<br /><br />Years ago, we talked about offering a CLE for prosecutors in recognizing Brady. Why, because too many of them actually believe what I've heard from one in court, "I didn't believe this guy's confession, so it wasn't Brady."<br /><br />I mean, it's not just that they misunderstand "exculpatory," which isn't the test anyway. The test is "favorable to the defense on guilt or punishment." It's that they wouldn't recognize Brady material if it jumped up and bit them on the ass.Jeff Gamsohttps://www.blogger.com/profile/09869425697771419546noreply@blogger.comtag:blogger.com,1999:blog-7200063247219569854.post-87857516575983583982009-07-14T10:06:49.020-05:002009-07-14T10:06:49.020-05:00Cynthia,
Without a doubt I missed the beginning o...Cynthia,<br /><br />Without a doubt I missed the beginning of this story so I'm not sure which trial you're speaking of. How may I find the start?<br />Thanks,Anonymousnoreply@blogger.com