Will U.S. Supreme Court Uphold Brady Doctrine?
WASHINGTON, Jan. 23, 2023 /PRNewswire/ —Â A Florida man wrongfully convicted of a 1989 homicide has petitioned the U.S. Supreme Court for writ of certiorari on Friday in what could also be his final likelihood for freedom in a case that now has far-reaching repercussions for all prison defendants in the United States. Crowell & Moring shopper Crosley Green has requested the Supreme Court whether or not it should proceed to uphold the 60-year-old Brady doctrine, which requires prosecutors to show over materials exculpatory proof to the protection earlier than trial.
“This is more than a case about one man who was wrongfully convicted; this case goes to the heart of the fundamental rights under our Constitutional system of justice. Will prosecutors be allowed to conceal evidence of innocence from defendants that could change the result of their trial? If the Supreme Court does not accept our case, Mr. Green’s wrongful conviction will stand and prosecutors will have an incentive to hide evidence in criminal cases going forward.” mentioned Crowell & Moring associate Keith J. Harrison.
Green served 32 years in jail, together with 19 years on demise row, whereas sustaining his innocence. He was convicted on the testimony of a single eyewitness, the sufferer’s ex-girlfriend, who recognized Green because the perpetrator. But Green was conditionally launched in 2021 after a federal court docket discovered that Brevard County, Fla., prosecutors withheld witness interview notes that mentioned two legislation enforcement officers supplied proof that the sufferer’s ex-girlfriend—not Green—dedicated crime.
The notes said that the officers “suspect the girl did it,” and that she “changed her story a couple of times,” together with about who tied the sufferer’s palms. The notes weren’t handed over to the protection previous to trial.
The petition reads:
“With no physical evidence tying Green to the crime, before an all-white jury with the sole eyewitness claiming a “black man” did it, [the girlfriend’s] credibility as well as the credibility of the police investigation was critical to the outcome of the trial. But the first two police officers on the scene knew the teenager’s claim that a “black man did it” was nothing more than a hoax.”
The federal district court docket dominated in Green’s favor, writing it’s “difficult to conceive of information more material to the defense… than the fact that the initial responding officers evaluated the totality of evidence as suggesting that the investigation should be directed toward someone other than” Green.
But the eleventh Circuit Court of Appeals reversed Green’s victory final 12 months, ruling that prosecutors didn’t must disclose exculpatory proof to protection counsel as a result of it will not have been admissible at trial.
“The Eleventh Circuit failed to consider, as required by Brady and its progeny, whether those notes might have led to the development of admissible evidence favorable to Mr. Green. His original defense attorney never knew about this evidence when he prepared his defense or when he cross-examined one of the very same officers on the stand,” mentioned Harrison.
If the Supreme Court doesn’t grant certiorari, Green’s conviction shall be reinstated, and the state of Florida might order him to return to jail at 65 years of age. Crowell has dealt with the case professional bono since 2008.Â
“The court of appeals has said that it’s OK for the state to hide evidence favorable to the defense. It weakens protections that we all have under the Constitution,” mentioned Harrison.
“The 11th Circuit decision creates uncertainty about a bedrock principle of justice, and it undermines the public’s trust in the justice system. If this ruling is allowed to stand, it will encourage prosecutors to make strategic choices about which pieces of exculpatory evidence they turn over or withhold based on whether they think courts will later determine they are material,” mentioned Crowell & Moring associate Jeane Thomas.
“If the 11th Circuit decision is allowed to stand, it creates confusion about what types of exculpatory evidence prosecutors must turn over. It creates a system that is stacked against defendants being able to get a fair trial,” mentioned Harrison.
“The test under Brady isn’t whether the exculpatory evidence is admissible at trial. It is whether it would have had a material impact on defense counsel’s investigation, preparation and presentation at trial. The defense never knew the full scope of evidence, and that is a dangerous precedent to allow,” mentioned Thomas.
Read Green’s petition to the U.S. Supreme Court for writ of certiorari. For extra information concerning the case, go to the Crosley Green information web page.
Crowell & Moring has represented Green professional bono since 2008. The crew consists of Crowell & Moring companions Keith J. Harrison, Jeane A. Thomas, Vincent J. Galluzzo, and counsel Drake Morgan.
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