Brady v. Maryland and Undisclosed Impeachment Evidence: Statutorily Protected Confidential Records...

Brady v. Maryland and Undisclosed Impeachment Evidence

Statutorily Protected Confidential Records and Potential Brady Material

A prosecutor has a duty under Brady v. Maryland to specifically inform defense counsel of the existence of records and/or reports which contain potentially impeaching information.  The fact that such records and/or reports are made confidential by statute does not take precedence over the fact that they contain potentially impeaching information and are thus discoverable.

Nineteen-year-old defendant Brandon Stewart was alleged to have forcibly raped and digitally penetrated 15-year-old Doe 1; his cousin.  Originally, it was also alleged that he sexually assaulted 11-year old Doe 2.  However, Doe 2’s allegations were dropped from the complaint although she still testified against defendant as Evidence Code § 1108 character evidence (see below).  Doe 1 testified that on the November 25th, 2016, she, defendant, and her sister (Aaliyah), were all sitting together watching television in Doe 1’s home, in Oakland, California.  Surreptitiously, defendant started rubbing Doe 1’s thigh, prompting her to move away from him.  Aaliyah got up to go to the bathroom at some point at which time defendant started rubbing Doe 1’s thigh again.  The rubbing eventually led to him digitally penetrating her.  Despite her resistance, defendant was able to move her on to his lap, penetrating both her vagina and then her anus with his penis.  Doe 1 was finally able to get away from him and go to her bedroom.  Defendant followed her while urging her to submit, not stopping until Aaliyah finally came out of the bathroom.  Doe 1 testified that she did not initially tell her mother or sister about the incident because she was afraid of how they might react and whether they would believe her.  But it was noticed by everyone that her personality changed as she began to “act out,” getting into trouble at school.  Finally, five days later, after being sent home early from school, Doe 1 told her mother what had ....