Defendant was entitled to new trial on drug conspiracy charge, where prosecutor withheld statement made by one of state’s witnesses during break in trial that key witness for govt. was still selling narcotics for drug supplier at time of trial, which was contrary to key witness' trial testimony. Said statement was favorable to defendant, since it tended to impeach key witness’ testimony, and said statement was material, since it suggested that someone other than defendant was responsible for drug sales at issue in charged offense. Also, disclosure of said statement created reasonable probability that trial would have had different outcome, where: (1) record contained no direct evidence of defendant’s involvement in charged conspiracy; (2) govt.’s other witnesses implicating defendant had long criminal histories; and (3) instant statement cast doubt on testimony of key witness.
Federal 7th Circuit Court
Criminal Court
Evidence