Brady material is a term used in criminal matters which means material in the possession of the State which must be provided to the defense. The term comes from a 1963 US Supreme court case, Brady v. Maryland. In that case, the state had information that another person had confessed to the killing, but the state did not provide that information to the defendant who was on trial and the defendant was convicted.

The court ruled that the failure of the state to provide material information favorable (exculpatory) to the defendant, upon request, was a violation of due process. Other cases have broadened the rule to require the state to provide information in the states possession that might be favorable to the defendant, including impeachment evidence. (Impeachment evidence is evidence that could be used to attack the credibility of a witness). The guiding principle behind these decisions is that the state is required to try to bring about justice, not just a conviction. The judicial process is meant to be a search for the truth, and that from the truth, comes justice.

Brady material was at issue in a recent situation regarding the charges brought against Mr. Todd Chism. Part of the discovery provided to his attorney, Carl Oreskovich, included some Brady material. This material relates to when I was working in Spokane County in 2004, and my involvement in prosecuting an infraction against one of the officers involved in this situation with Mr. Chism.

After reading the material, Mr.Oreskovich filed a motion with the court asking that I be disqualified as prosecutor, because in the Brady information provided, there was information that called into question whether, in that case in 2004, the officer had testified truthfully. Because of my involvement in that case, there was the possibility that I would be called as a witness at the trial of Mr. Chism. The court granted the motion.

The prosecution of Mr. Chism will continue, but it will be conducted by the Ferry County Prosecutor. It is not a change of venue, just a change in prosecution responsibilities.

At this time the trial is set for August, but that may change as time goes by.