Brady, Materiality, and Disclosure: Turner v. United States

The Supreme Court just decided Turner v. United States, rejecting the Brady claims of several defendants convicted of a brutal and highly publicized murder in Washington, D.C. Although the Court ruled in the prosecution’s favor, it also encouraged prosecutors to provide defendants with all evidence that may be helpful to the defense, even if that evidence does not cast material doubt on the prosecution’s case. Facts. The prosecution’s evidence tended to show that in 1985, over a dozen young men gathered in a Washington, D.C. park. They decided to rob someone, and selected Catherine Fuller, who happened to be passing by, as their victim. They shoved her into an alley, beat her, stole her money, carried her into an empty garage, tore off her clothes, sodomized her with a pipe, and left her to die. The murder was highly publicized and helped to cement Washington’s reputation as a dangerous city. Trial evidence. The prosecution’s evidence consisted primarily of the following: Testimony from two members of the group, who were cooperating with the prosecution in hopes of leniency. Testimony from a witness who was present in the park and heard the group talk about committing a robbery and pick out Ms. Fuller as their victim, and saw the group push her into the alley. Testimony from a teenager who looked into the alley as the attack was taking place. Testimony from two women who saw a “gang of boys” attacking the victim, recognized some members of the group, and watched part of [...]