[Note: Friends of Justice is a personal blog. I speak only for myself.]
“In my case, the prosecution withheld a lot of information they were supposed to give us with our discovery. The discovery is when the prosecution is supposed to give the defense everything they intend to use against the defendant. They are also supposed to provide any and all exculpatory evidence. The little trick they used was to give the documents back to the agencies that generated them during the investigation. The reason for this is to say that the prosecution did not have them in their possession, and therefore could not turn them over to the defense. An example of this was two statements we discovered around 2003 from Christopher and Mark Mowery. Apparently, my daughter said that these two individuals witness me abusing her. When the police interviewed them, they both said the events she described never occurred. The court ruled that had my original attorney done his due diligence, we would have discovered them prior to trial. Therefore, it was a harmless error. An innocent man in prison is a harmless error.”
