13May 2020

What Is "Brady Material?"

There was a case from long ago which changed the way prosecutors handle 
material they discover when investigating and prosecuting a criminal 
case. The case in question involved a man named Brady and another man 
named Boblit. The case was a classic one in which someone was murdered, 
the two men were both presents, one was the shooter yet they both claim 
the other was the one that fired the gun.

For reasons which I am not certain of, the prosecution went with the 
defendant Boblit's story that it was Brady that had fired the gun. Brady 
had acknowledged that he was present but also vehemently denied that he 
was the shooter. When it came to trial, the prosecution was going all-in 
on Boblit's testimony against Brady.

Interestingly, there was one problem with the prosecution's plan. Boblit 
had confessed to being the shooter earlier and when the defense asked 
for all of the prosecution's evidence, they did not turn that one 
interview over. The issue made it to the Supreme Court where it was 
determined that prosecutors violate the constitution when they do not 
turn over exculpatory evidence that they find.

If you live in Burlington, Essex, Colchester, Winooski, Williston, 
Shelburne or anywhere in the state of Vermont, and have been arrested or 
charged with DUI or any crime, call Handy Law for aggressive and 
experienced legal defense.