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D.Mass.: Brady violated by prosecutor knowing of impeachment evidence for suppression hearing not disclosed to defense

By John Wesley Hall, Jr.

A suppression hearing in the District of Massachusetts was fraught with a Brady/Kyles violation because of the officer's inconsistent versions and admission to the prosecutor that he did not first see the defendant to identify him, yet the government's pleading said he could. The AUSA was ordered to turn over her notes to the court for review, and they were given to the defense. Evaluating all the evidence now, the defendant loses on the motion, but the court orders review of a sanction against the AUSA. United States v. Jones, 2009 U.S. Dist. LEXIS 6434 (D. Mass. January 21, 2009) (opinion remarkably not on the court's website): On October 30, 2008, Jones' counsel pointed out the many times reflected in Sullivan's notes that Cooley had told her that he did not identify the man on the bicycle as Jones on Middleton Street...continue to full post

Full post as published by Fourth Amendment on February 03, 2009 (boomark / email).