NACDL - Book Review: The Brady Book - Are Prosecutors Hiding Evidence?

Book Review: The Brady Book - Are Prosecutors Hiding Evidence?

This is what the defense lawyer knows: She has done a masterful job cross-examining Turncoat, a co-defendant, now prosecution witness, whose pending murder case had been severed from that of her client. Despite his practiced assurances on direct examination that he made no deal with the prosecutor for his testimony and only wants to tell the truth, she has kindled a little heat in Turncoat’s demeanor by pressing him to admit the following: (1) he was released on his own recognizance following his arrest for murder; (2) his preliminary hearing was put off for the past two years, suspiciously trailing her client’s case; and (3) while he might hope for a deal in exchange for his truthful testimony, the prosecutor has promised him absolutely nothing and he relies only on the intuition and good judgment of his lawyer in taking the stand.