In this case the Court of Appeals considered whether the defendant in a murder case was entitled to a new trial due to the prosecution failing to disclose potentially exculpatory evidence.
The events that eventually lead to the defendant being arrested began in March 2008. The victim was shot and killed in front of an apartment building. There were several eyewitnesses who either identified the defendant as the shooter or saw the defendant at the scene at the time of the murder. The defendant was eventually arrested and tried. While several witnesses testified that the defendant was at the scene, on cross examination, the witness statements were not consistent. In fact, one witnesses testimony contradicted that of another witness named Cream. Cream was also a childhood friend of both the defendant and the victim. Cream was a key witness against the defendant at the trial. However, he fled he scene without talking to the police. He only came forward 10 months later in an effort to make a deal on pending unrelated criminal charges that he was facing. Cream testified that he was standing with the victim when the defendant walked up, argued with the victim, and then shot him. The defendant was convicted of murder.
At the trial the prosecution stated that there was no video of the incident. It turns out that there was indeed a video and the prosecutor had it at the time of the trial. However, the District Attorney’s Office did not turn it over to the defendant until years after the verdict. The video showed images of those near the victim when he was shot but did not clearly show who shot the victim.