Violate Brady, go to prison?

Here’s a proclamation that’s probably going to hurt Dallas County District Attorney Craig Watkins' chances of making friends within the membership of the Texas District and County Attorneys Association: He believes prosecutors who knowingly withhold evidence from the defense should face the possibility of criminal charges. Watkins told The Dallas Morning News: “If the harm is a great harm, yes, it should be criminalized.” Watkins certainly has the floor as of late, after he played a role in last week's release of the 17th inmate from prison based on a DNA test -- a story featured on "60 Minutes" on Sunday. And it seems Watkins is getting a little tired of what he has found after reviewing some of the prosecutions that happened before he was elected in 2006. According to a press release from the DA's office, Watkins’ Conviction Integrity Unit found that prosecutors allegedly did not disclose exculpatory evidence in the case of James Lee Woodard, who was freed from prison last week after spending 27 years there. It's not a criminal offense for prosecutors to violate the 1963 U.S. Supreme Court ruling in Brady v. Maryland, which requires them to release favorable and possibly exculpatory evidence to criminal-defense lawyers. The article says prosecutors are rarely punished through the State Bar of Texas disciplinary process for Brady violations.
--- John Council