Many people have heard about “Varsity Blues”, which is a federal criminal case handled in Boston that alleges lots of wealthy parents basically paid for advantages to get their children into college. When the case broke and virtually all commentators were assuming that the Defendants were guilty, I posted about how everybody needs to take a chill pill and let the criminal defense lawyers do their work. Stories over the past two days seem to show that my warning was on the mark. These developments show that the criminal defense attorneys have demonstrated that prosecutors may be violating the “Brady” decision. Brady was a Supreme Court case that says prosecutors violate our revered Fifth Amendment if they refuse to turn over “exculpatory” evidence, meaning evidence tending to show that the accused person is not guilty of the crime.
The Brady case was from long ago, when I was a mere lad of 7 or so. What happened was that Mr. Brady was charged with murder, along with another man named Boblit. Brady acknowledged he was present but claimed he was not the one who killed the victim. Brady’s lawyers asked for all of Boblit’s statements, but prosecutors held back one statement in which Boblit admitted he was the shooter. The U.S. Supreme Court said that prosecutors violate the Constitution when, after a request from the defense, they hold back and do not turn over “exculpatory” information, meaning, they fail to tell defense lawyers about evidence that tends to show the accused person is either not guilty or guilty of a crime with lesser punishment. Continue reading