Second Circuit Blog: Prosecutor Cannot Avoid Brady Obligation by Claiming that He Did Not Believe Witness's Exculpatory Statement: "'If there were any questions about the reliability of the exculpatory information, it was the prerogative of the defendant and his counsel -- and not of the prosecution -- to exercise judgment in determining whether the defendant should make use of it.' Op. 23. Judge Calabresi then approvingly quotes a district court opinion stating the same: 'If the evidence is favorable to the accused, then it must be disclosed, even if the prosecution believes the evidence is not thoroughly reliable.' Id. (emphasis added). 'To allow otherwise,' the Circuit concludes, 'would be to appoint the fox as henhouse guard.' Id.
A terrific line, and one that all defense counsel should be ready to spring on an ethically challenged prosecutor.
posted by Yuanchung Lee at 7:01 PM"
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http://docs.google.com/Doc?id=dc9c3grn_3099gg8gwfdp
Phil Reddish telling on him self
http://riversidecountyhomicide.blogspot.com/2009/04/yagman-on-calif-supreme-court-us-judges.html?showComment=1240593360000