District court's exclusion of cooperating witnesses from testifying for Brady violations
US v. Prochilo, 09-1450, concerned a challenge to the district court's orders excluding cooperating witnesses from testifying at trial in concluding that the government had failed to meet its disclosure obligations under Brady v. Maryland, in interlocutory appeals in two unrelated criminal cases.
US v. Prochilo, 09-1450, concerned a challenge to the district court's orders excluding cooperating witnesses from testifying at trial in concluding that the government had failed to meet its disclosure obligations under Brady v. Maryland, in interlocutory appeals in two unrelated criminal cases.
In reversing, vacating and remanding the cases, the court first held
that, with respect to the case involving an indictment of defendant for
being a felon in possession of a firearm, the district court's approach
shifted from the government to the defendant the primary authority to
assess whether material in the government's possession must be
disclosed, and in so doing endorsed a broad rule of discovery in
criminal cases, and Brady permits neither. With respect to the case
involving cocaine related charges, the court held that the district
court erred both in its disclosure ruling and to the extent that it
agreed to conduct an in camera review of certain cooperator-related
materials.
Related Link:
Related Link:
- Read the First Circuit's Full Decision in US v. Prochilo, 09-1450
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