Tuesday, October 20, 2015

In the Addendum to the 11th Episode of the Undisclosed Podcast, we made the argument that the State's misleading disclosures in connection with Exhibit 31 and the cell tower evidence was a Brady violation because the cell tower evidence could very well have been the difference between a "guilty" and a "not guilty" verdict. As support, we cited to Professor Colbert's affidavit, in which he noted that the majority of jurors were prepared to return a "not guilty" verdict when the first trial ended in a mistrial. That mistrial was after the State had presented most of its case and the defense had presented none of its case. At the time of the mistrial, the only State's witnesses who had not testified were Jennifer Pusateri and the AT&T cell tower expert. Therefore, there is strong evidence that the cell tower expert was the key to the State's case.

In response to the Addendum episode, however, I got a few e-mails asking about Professor Colbert's affidavit and realized that we hadn't posted it to the Undisclosed website. Here is his affidavit:







-CM

https://lawprofessors.typepad.com/evidenceprof/2015/10/in-theaddendumto-the-11th-episode-of-the-undisclosed-podcast-we-made-the-argument-that-the-states-misleading-disclosures-in.html