Fighting Prosecutors’ Withholding of Evidence in a Criminal Trial

Part of the constitutional right to a fair trial is the requirement that prosecutors disclose to defense counsel all evidence that is favorable to the defendant and that is material to either guilt or punishment. This is called “Brady material” after a landmark 1963 case, Brady v. Maryland, in which the U.S. Supreme Court ruled that failure to disclose such evidence constitutes a violation of the defendant’s due process rights. 

Depending on when the nondisclosure occurs, there are a range of possible outcomes, including dismissal of the case as occurred in the recent involuntary manslaughter trial of actor Alec Baldwin.

The discovery of withheld Brady material is a critical aspect of a criminal defense attorney’s role. An astute defense attorney meticulously reviews all evidence and remains vigilant for any indications that the prosecution may be concealing information. The attorney must file motions to compel the disclosure of evidence and ensure the prosecution complies with their legal obligations. In cases where Brady material is uncovered, the defense attorney must act swiftly to bring the issue before the court, arguing that the withheld evidence prejudiced the defendant’s right to a fair trial. 

When the prosecution fails to disclose Brady material, the integrity of the entire trial process is compromised. Once it is discovered that the prosecution withheld such evidence, several outcomes can ensue:

1. Mistrial — If the withheld evidence is discovered during the trial, the defense can request a mistrial. If granted, the trial is halted, and the proceedings may need to start over.
2. New trial — A court may order a new trial if it finds that the withheld evidence was significant enough to potentially change the outcome of the case. This allows the defendant to be retried with the benefit of all the available evidence.
3. Dismissal of charges — In some instances, especially if the withheld evidence strongly supports the defendant’s innocence or severely undermines the prosecution’s case, the charges may be dismissed entirely. Due to the Fifth Amendment double jeopardy clause, this means the defendant cannot be retried.
4. Reversal of conviction — If the defendant has already been convicted and it is later revealed that Brady material was withheld, an appellate court may reverse the conviction. This could lead to a new trial or, in some cases, the charges being dismissed altogether.

The stakes in criminal trials are incredibly high, and the withholding of Brady material can lead to grave injustices. It can mean the difference between a wrongful conviction and justice being served. The role of an experienced defense attorney is paramount in identifying and addressing these issues.

The Law Offices of David Jay Glassman draws on decades of experience to protect New Jersey defendants’ constitutional rights in criminal cases. For a free consultation in Marlton, New Brunswick, Hackensack or Newark, call 856-596-8778 or contact us online to schedule an appointment.