Brady Error and Suggestive Pretrial Identifications

• Unduly Suggestive Photo Lineup Identifications
• Error Pursuant to Brady v. Maryland
• Pretrial Written Motions

Whether or not an in-court identification of a defendant by a witness is tainted by a suggestive pre-trial photo lineup identification depends upon the circumstances.  The suppression by the prosecution of evidence favorable to an accused, whether intentional or not, violates due process, at least where the evidence is material either to guilt or to punishment, and whether or not the defense has made a request for such evidence. 

Defendant David Bruce was a guard at the United States Penitentiary at Atwater, California.  Another Atwater prison guard—who soon became key to the issues in this case—was Paul Hayes.  On December 12, 2015, a local resident, Thomas Jones (and his wife), attempted to pay a visit with an Atwater inmate by the name of Devonne Randolph.  The Joneses had developed a scheme with Randolph whereby they would receive packages containing drugs and other contraband for him and bring them as far as the Atwater Prison’s parking lot where they would be delivered to an intermediary known to Jones only as “Officer Johnson.”  Officer Johnson would then smuggle the packages into the prison itself.  Although this scheme working successfully in October and November, 2015, a third attempt on December 12th did not go quite as expected.  Stopped and subjected to a random prison parking lot search, (the legality of which was not in issue; see Cates v. Stroud (9th Cir. 2020) 976 F.3rd 972, 983-984.), the officers found four vacuum-packed bags of marijuana, a package of heroin, and three marijuana cigarettes in Jones’ car.  Present and participating in ....