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Defendant Wins on Brady Issues; Gov't Failed to Disclose Information About Confidential Informant

By Shari Allison

United States v. Torres, ___F.3d ___, 2009 WL 1862528 (10th Cir. 2009)Addressing Brady and evidentiary issues, the COA hands a victory to the Defendant. The opinion bears careful reading. (Sorry for the length?this is a rare fact-bound defense victory). Set up: In May, 2005, confidential informant (CI) arranges a controlled drug buy with the Defendant. The buy is witnessed by the cops. During discovery, the government discloses that the CI has two prior felony convictions, has been working for cops for 8 months, was paid $100, was a meth user who had been clean for 15 months. Defendant asks for more under Brady/Giglio, with specificity. Government responded that it gave all material in categories requested or that there was no such material...continue to full post

Full post as published by Tenth Circuit Blog on July 02, 2009 (boomark / email).