Exculpatory Evidence

Amicus Brief: Prosecution Must Always Disclose Exculpatory Evidence

Attorney Wood on behalf of the Massachusetts of Association of Criminal Defense Lawyers, along with a team from Wilmer Cutler Pickering Hale and Dorr, recently filed an amicus brief arguing that the prosecution’s duty to disclose exculpatory evidence still applies after trial. If the duty to disclose “Brady” evidence only applied prior to trial, then defendants could languish for decades in prison while prosecutors sat on evidence of their innocence. In this case, the prosecution failed to disclose evidence that a key witness against Raymond Gaines had signed an affidavit recanting his testimony against Gaines, alleging that Detective Peter O’Malley pressured him to falsely accuse Gaines. They also failed to disclose that O’Malley had similarly pressured witnesses to make false accusations in the infamous Carol Stuart murder case.