Two Albany Men and a Motion for Brady: A look at exculpatory evidence and a right to a fair trial

By Anna Mumford, Albany Government Law Review

 

Introduction

The Fourteenth Amendment of the United States Constitution states that, “[n]o State. . . shall deprive any person of life, liberty, or property without due process of law.”[1]  As a cornerstone principle of the criminal justice system, this constitutional right requires the government to disclose all favorable evidence within their control to a criminal defendant.[2]  However, all too often in this country, prosecutors have suppressed key evidence that could potentially exonerate a defendant.[3]  Even right here, in the great Capital City, there have been instances where the accused have been deprived of the right to due process and a fair trial.[4]

In October 2009, two local Albany men were indicted by the Grand Jury for murder, facing life in prison without the possibility of parole.[5]  Their case was scheduled to begin on November 1, 2010.[6]  However, during a pre-trial hearing, only four days before opening statements, it was discovered that the Albany County prosecutors had just turned over a key witness’s statement favorable to the defense.[7]  The statement, made by an eye witness, claimed that the shooter was not of the same race as either of the co-defendants.[8]  Prosecutors, sitting on this statement for the past three years, claimed to have turned over the statement in a “good faith,” timely manner.[9]

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