Showing posts with label Brady violations. Show all posts
Showing posts with label Brady violations. Show all posts

Tuesday, July 19, 2011

This just makes my blood boil

I guess it shouldn't anymore because I really believe that Brady/Giglio violations happen in just about every trial where there isn't open-file discovery. The latest is a pretty shocking violation in the Casey Anthony case, which (I believe) would have resulted in a new trial had she been convicted. From the NY Times:

Assertions by the prosecution that Casey Anthony conducted extensive computer searches on the word “chloroform” were based on inaccurate data, a software designer who testified at the trial said Monday.

The designer, John Bradley, said Ms. Anthony had visited what the prosecution said was a crucial Web site only once, not 84 times, as prosecutors had asserted. He came to that conclusion after redesigning his software, and immediately alerted prosecutors and the police about the mistake, he said.

The finding of 84 visits was used repeatedly during the trial to suggest that Ms. Anthony had planned to murder her 2-year-old daughter, Caylee, who was found dead in 2008. Ms. Anthony, who could have faced the death penalty, was acquitted of the killing on July 5.

According to Mr. Bradley, chief software developer of CacheBack, used by the police to verify the computer searches, the term “chloroform” was searched once through Google. The Google search then led to a Web site, sci-spot.com, that was visited only once, Mr. Bradley added. The Web site offered information on the use of chloroform in the 1800s.

***

“I gave the police everything they needed to present a new report,” Mr. Bradley said. “I did the work myself and copied out the entire database in a spreadsheet to make sure there was no issue of accessibility to the data.”

Mr. Bradley, chief executive of Siquest, a Canadian company, said he even volunteered to fly to Orlando at his own expense to show them the findings.

Cheney Mason, one of Ms. Anthony’s defense lawyers, said it was “outrageous” that prosecutors withheld critical information on the “chloroform” searches.

“The prosecution is absolutely obligated to bring forth to the court any and all evidence that could be exculpatory,” Mr. Mason said. “If in fact this is true, and the prosecution concealed this new information, it is more than shame on them. It is outrageous.”

“This was a major part of their case,” Mr. Mason added.


In big trial after big trial there continues to be Brady violations. Imagine what happens on a daily basis in state and federal court where there isn't a great deal of scrutiny over what prosecutors do. There really needs to be open-file discovery and more needs to be done when prosecutors do not comply with their constitutional obligations.