AD1 reverses and dismisses CAL client's criminal sex act conviction finding that the prosecution failed to disclose exculpatory evidence
After CAL’s efforts uncovered previously undisclosed evidence favorable to our client Orlando C, AD1 agreed that the prosecutor had “inexplicably suppressed evidence” that was so important that it could have potentially caused a key witness to fabricate his testimony. The credibility of the witness’s testimony was crucial in determining the outcome of this case. Finding that the withheld evidence was material under Brady because there was a reasonable probability that it would have caused the jury to question the complainant’s testimony, the Court reversed Orlando’s conviction. Not satisfied with reversal alone, AD1 also took the unusual step of dismissing the indictment in the interest of justice. CAL attorney Lexie Mitter represented Orlando C. in post-conviction proceedings and on appeal.