What is Brady Material? Here's a Simplified Definition
It seems that Brady material is an ongoing problem with the Harris County District Attorney's Office.
I offer this on behalf of Jordan Lewis in our office. His simplified definition of Brady material is something like this -
If a prosecutor learns something about a case and his/her first reaction is, I hope the defense lawyer doesn't find out about this, then it is probably Brady material.
This is to all of the young prosecutors out there, if there is any question about whether something is Brady material or not, turn it over. As a matter of fact, if you are trying to convict someone and take away his/her freedom, don't you think it is fair to give the defense everything you have - especially the information that tends to show he/she didn't do it?
Great blog post. I have added your blog to my RSS feed. It is a very simple concept that the prosecutor has an obligation to the truth and justice---not to simply win at all costs. It is something that many, many prosecutors lose sight of and trade their integrity and oath for a win. Sad, but true.
-Justin J. McShane, Esquire, PA DUI Attorney
Here's another simple test. If one has to even ASK one's self if it's Brady material, then be safe and turn it over ... it's probably Brady material.
Not worth doing injustice and developing a reputation for crooked dealing.