Prosecutor Withheld Exculpatory Evidence

Summary

The user is dealing with a criminal case in Washington where they believe the prosecutor has withheld exculpatory evidence, violating the Brady rule. The user is seeking advice on how to challenge the credibility of a witness, Deputy Aaron Thomsen, whose testimony was found not credible in a past case. The user has filed a motion for retrial and dismissal based on this Brady violation. The charges against the defendant include unlawful possession of a firearm, assault of an officer, and robbery. The user is also dealing with the issue of the victims death during the ongoing investigation.

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criminal case where prosecutors with held exculpatory evidence
What state is your case in, Valerie? In general, withholding exculpatory evidence by prosecutors is a violation of the Brady rule.
washington
What stage is your case currently at, Valerie?

In Washington, the Brady rule requires prosecutors to disclose exculpatory evidence. Violation can lead to case dismissal or retrial.
Post trial/ sentencing /motion for new trial
What is the basis for your motion for a new trial? In Washington, withholding exculpatory evidence can be grounds for a new trial.
witness who has potential impeachment evidence
What is the nature of the impeachment evidence the witness possesses?
Deputy Aaron Thompson has information normally to be disclosed in cases where he is a witness
What is the specific information that Deputy Aaron Thompson possesses which needs to be disclosed?
Information relating to a finding that his testimony was not credible in the past case
What was the outcome of the case where Deputy Aaron Thompson's testimony was found not credible?
The defendants motion to suppress was granted
What is the current status of your case after the motion to suppress was granted?
This is not in my case. This was a pass case.
What is your current legal issue that you need assistance with?
how Deputy Aaron and Thomsen’s testimony is not credible
What specific inconsistencies or contradictions are there in Deputy Aaron and Thomsen's testimonies that make them not credible?
Brady versus Maryland potential impeachment evidence
What is the specific impeachment evidence in the Brady vs. Maryland case that you believe applies to Deputy Aaron and Thomsen's testimonies?
deputy Thomsen’s testimony in a previous case was not credible in any case he is a witness this needs to be disclosed when he is a witness
What is the current case in which Deputy Thomsen is a witness?
Ronald middleBrooks Junior is a defendant in a Rob one case, and the Deputy Thomsen was the officer home collecting evidence
What is the current status of Ronald MiddleBrooks Junior's case and has Deputy Thomsen's credibility been challenged in court yet?
We are at that process right now, and this evidence was not brought up before trial
What steps have you taken to challenge Deputy Thomsen's credibility in the current case?
I have filed a motion to dismiss an motion for a retrial
What is the basis for your motion to dismiss and request for a retrial?
continued and client waive their speedy sentencing rights
Why did your client decide to waive their speedy sentencing rights?
To obtain more information to support the potential impeachment evidence
What is the nature of the additional information you're seeking to support the potential impeachment evidence?
How do I support my defense?
What specific evidence or information are you looking to gather to support your defense?
Give me a retailer charges
Could you please clarify what you mean by "retailer charges"? Are you referring to a legal term or a specific type of charge related to retail business?
Getting charges dismissed
What are the specific charges you are trying to get dismissed?
Unlawful possession of a firearm, unlawful possession of a firearm simple assault of an officer, simple result of an officer, rob one active in motor vehicle
What state are these charges in? The laws regarding firearm possession, assault of an officer, and robbery vary by location.
washington
What are the details of the incident leading to these charges?
defendant was seen coming out of a vehicle that was reported stolen, but not seen driving the vehicle
What evidence do you have to support the defendant's claim that they were not driving the stolen vehicle?
Video footage shows them getting out of the vehicle to retrieve items and tell another individual to get out of the car and go up to the hotel room
What is the prosecution's argument against this video footage?
Did the clothes matched the same defendant in the unclear video footage of the defendant stealing the vehicle at the Bank of America day before
What evidence do you have to dispute the prosecution's claim about the clothes matching?
They don’t have a clear, facial recognition they just have a rainy footage of a black male with cornrows and wearing a green sweatsuit
What steps have you taken to challenge the validity of the video footage used by the prosecution?
I haven’t
What is your plan to challenge the validity of the video footage used by the prosecution?
This case was taken to trial
What was the outcome of the trial?
Guilty on all charges
What are the next steps you're planning to take after the guilty verdict?
Challenging the miss child due to the Brady impeachment violation with the deputy
What specific Brady violation are you alleging in your challenge?
Deputy Aaron Thomsen’s testimony is not valid. He is on the Brady list.
What specific information about Deputy Aaron Thomsen being on the Brady list are you referring to?
In the past case his testimony was not credible in any case that he is a witness in, he hast to the prosecution hast to disclose that evidence they did not disclose that evidence before trial
What steps have you taken to bring this Brady violation to the court's attention?
I filed a motion to dismiss
What was the court's response to your motion to dismiss based on the Brady violation?
We have to support our defense in motion to move for a retrial
What specific evidence or arguments are you planning to present to support your motion for a retrial?
That’s what I’m trying to figure out
What evidence or inconsistencies in Deputy Thomsen's past testimonies do you plan to highlight in your motion for a retrial?
That the victim in the whole case is not alive they’ve died since the year that this has been going on in the whole investigation, and he has a right to face is accusers. Well, there is no accuser.
What evidence do you have to prove that the victim is no longer alive?
Tacoma obituaries in the police department
What is the name of the deceased victim and when did they pass away?
Barbara benignity this year
What is the relevance of Barbara Benignity's death to your case?
bitbwas her car
Can you please clarify how Barbara Benignity's car is related to your case?
Rob *
What is the connection between Barbara Benignity's car and the charges against your client?
He was accused of stealing the vehicle from them, and she never gave a statement due to her emotional state at the time of the crime
What evidence do you have to prove that your client did not steal the vehicle from Barbara Benignity?