Posted On: August 31, 2012 by Mary Frances Prevost

DEATH PENALTY REVERSED BECAUSE OF PROSECUTORIAL MISCONDUCT-SO WHAT ELSE IS NEW

The California Supreme Court here reverses a death verdict on the basis of a Brady (373 U.S. 83) violation at the penalty phase. It seems that the defendant
claimed that he killed because the Columbian Mafia had threatened to kill the defendant and his entire family if he didn't.

It turns out that the prosecution had evidence which supported this claim but failed to turn it over. The DA actually argued at penalty that there was no evidence to support the duress claims of the defendant.

We will be watching to see if the Coudrt refers the prosecutor to the California State Bar for
prosecution. Don't hold your breath.

In re Bacigalup
o; 2012 DJ DAR 11861; DJ, 8/28/12; Cal. Supremes

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