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: Cleveland Law Library Weblog

Exculpatory or Not, Judge Orders Prosecution to Turn Over Possible DNA Evidence

By Cleveland Law Library

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For better or worse, Ohio law currently only requires prosecutors to turn over exculpatory evidence to the defense in a criminal case. Although there are strenuous opponents, the law does not require prosecutors to turn over all police reports, witness statements and evidence. However, in a case that begs the question of what is exculpatory and/or should be disclosed, local Common Pleas Judge Eileen Gallagher has ordered the prosecution in the Holliman case (Case No. CR-07-503030-C on the Cuyahoga County CP docket) to turn over clothing and a bloody plastic bat allegedly used in the murder of a 15-year old girl and the stabbing of a boy who tried to help her. In a case of he said/she said, the prosecution is claiming that there was nothing to turn over because they had the defendants 'dead to rights' and thus did not need to order DNA testing, while the defense is presumably arguing that the items contained DNA that could or should have been tested to absolve them of criminal liability. Cases that discuss prosecutorial duties in reviewing and disclosing exculpatory evidence include State v. Lawson, 64 Ohio St.3d 336 (1992) and Brady v. Maryland, 373 U.S. 83 (1963). For a discussion of privileged, confidential, law enforcement, investigatory records under Ohio's public records laws, see the 2008 Ohio Sunshine Laws Book from the Ohio Attorney General.

to disclose evidence that is favorable to an accused where that evidence is material to guilt or

punishment. See Brady v. Maryland (1963), 373 U.S. 83, 87, 83 S.Ct. 1194.

Full post as published by Cleveland Law Library Weblog on June 26, 2008 (boomark / email).

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