Justia Opinion Summary and Annotations

Defendants were indicted for the kidnapping, robbery, and murder of Catherine Fuller. The prosecution argued that Fuller was attacked by a large group, producing the testimony of two men who confessed to participating in a group attack and cooperated in return for leniency. Other witnesses corroborated aspects of their testimony. The prosecution played a videotape of defendant Yarborough’s statement to detectives, describing how he was part of a large group that carried out the attack. None of the defendants rebutted the witnesses’ claims that Fuller was killed in a group attack. Long after their convictions became final, seven defendants discovered that the government had withheld evidence: the identity of a man seen running into the alley after the murder and stopping near the garage where Fuller’s body had already been found; statements of a passerby who claimed to hear groans coming from a closed garage; and evidence tending to impeach three witnesses. The Supreme Court affirmed the D.C. courts in rejecting their Brady claims, finding the withheld evidence not material. Evidence is material when there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different, given the context of the entire record. An argument that, had defendants known about the withheld evidence, they could have raised an alternative theory, that a single perpetrator (or two) had attacked Fuller “is too little, too weak, or too distant from the main evidentiary points to meet Brady’s standards.” The undisclosed impeachment evidence was largely cumulative of impeachment evidence already in use at trial.

Annotation

Primary Holding

Withheld evidence is material under Brady only if there is a reasonable probability that the result of the proceeding would have been different, considering the context of the entire record. If the evidence is too little, too weak, or too distant from the main evidentiary points, there is no violation.