Brady Violations Come Home to Roost

It never ceases to amaze me how things, once on your radar, suddenly appear everywhere you look.  And so it is with prosecutors engaged in what Dallas DA Craig Watkins calls a crime.

First from Eugene Volokh,

Check out the Ninth Circuit’s decision in U.S. v. Chapman for a sharp rebuke of the government, including the affirmance of a district court’s dismissing an indictment with prejudice — thus barring retrial — because of government misconduct.

What misconduct?  Why, the dreaded Brady violation.  From Gideon :


The government egregiously failed to meet its constitutional obligations under Brady and Giglio. It failed to even make inquiry as to conviction records, plea bargains, and other discoverable materials concerning key witnesses until after trial began. It repeatedly misrepresented to the district court that all such documents had been disclosed prior to trial. The government did not admit to the court that it failed to disclose Brady/Giglio material until after many of the key witnesses had testified and been released. Even then, it failed to turn over some 650 documents until the day the district court declared a mistrial and submitted those documents to the court only after the indictment had been dismissed.

So who are these criminals who engaged in a deliberate violation of the Constitution?  Well, one would never know from reading the Chapman decision.  If anyone is listening who doesn’t already know this, this is how it works:  Court almost never name a prosecutor who “commits misconduct” in the decision.  They will excoriate this unnamed prosecutor, but they won’t name him or her.  That is how it works.  Defense lawyers, on the other hand, receive no such love.

Fortunately, we have Mike at Crime & Federalism, who will name names (and probably show naked pictures if he had them) of the criminals in our courts.


According to official court records (here and here), Greg Damm and Kimberly Frayn were the prosecutors who committed “prosecutorial misconduct in its highest form.”

So if you happen to know either Damm und Frayn, give them a little wink today.  They may not be prosecuted.  They may not be subject to discipline.  But at least let them know that you know who they are.  It’s the least we can do.


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9 thoughts on “Brady Violations Come Home to Roost

  1. Windypundit

    Something similar happens with controversial police shootings—it can be a week until the name of the cop who was the shooter makes the paper.

  2. SHG

    Funny how that works.  Same is true of the “rush to judgment” argument when a cop shoots someone.  The “officials” always tell the media that they can’t opine until all the facts are known, as opposed to the arrest of anyone else, when they don’t need no stinkin’ facts to nail the guilty perp to the wall.

  3. Windypundit

    The Chicago Police have been refusing to release information about complaints against police—not even the names of the officers—but they have a website where they post the names and photographs of everyone they arrest for allegedly patronizing prostitutes.

  4. Michael

    Nice work. About time someone started naming names when it comes to prosecutors who don’t believe in the Constitution. Now if only we had their photos. Better yet, a database.

  5. Windypundit

    I’ve thought about building a website—sort of a Prosecutor Hall of Shame. My thinking was that it would help out the opposition research if these guys ever run for office. Then again, how many people lose elections for being too “tough on crime”?

  6. moda

    So – does anyone think there’s a chance of the prosecutor getting whacked with a Brady violation in the case of California v Cynthia Sommer?

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