[Ed. – Withholding potentially exculpatory evidence in the case of a depraved-heart murder charge? Sounds like show-stopping prosecutorial misconduct to me.]
Judge Barrie Williams …is reported to have appeared “visibly angry” on the second day of the trial when it was revealed that prosecutors had intentionally withheld evidence which could seriously tip the case in [defendant Caesar] Goodson’s favor. (ABC News)
The judge overseeing the trial of a police officer charged with murdering Freddie Gray has determined that prosecutors withheld information that would have been beneficial to the defense. …
Goodson’s attorneys have argued that prosecutors withheld statements made last year by Donta Allen, a key witness. Allen was picked up by the Baltimore police van after Gray.
The testimony of Donta Allen could essentially invalidate the entire premise of the prosecution and the timeline of events which they are presenting for the day in question. Allen was picked up on the final leg of the van’s trip, well after Gray’s injuries were alleged to have been suffered. He was in the back of the van on the other side of the barrier from Freddie Gray and, according to the Baltimore Sun, told police during two interviews that he heard Gray moving around and “banging” against the partition while he was in the van. He also testified that the trip was a “smooth ride” while he was in the van, contradicting claims that Gray has been intentionally given a “rough ride” to injure him.