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Convicted

Ep 109 - Clearly a Brady Violation

Convicted

Brooke Gittings

True, Brooke, Buried, Alive, Crime, Demarchoe, History, Serial, Innocence, Convicted, Actual, True Crime

41.8K Ratings

🗓️ 10 September 2018

⏱️ 36 minutes

🧾️ Download transcript

Summary

Two witnesses heard a sound consistent with a gunshot at the time Richard claimed a gun was shot. No one told the defense - it seems like that is clearly a Brady Violation.

Transcript

Click on a timestamp to play from that location

0:00.0

In the previous episode we met Jeff Garinther who works for the firm Benable and he was assigned Richard's case by Judge Bennett.

0:08.0

Prior to that time, the case had been appointed to Rachel Kamens by a judge named Andre Davis. The quote of the judge saying

0:15.6

that he believed that this case could be one of actual innocence, that came from Judge

0:20.3

Davis. Rachel wrote the initial habeas petition,

0:24.6

and she was also the person who made contact

0:26.7

with Dr. Schu about his testimony.

0:29.3

Basically, she got his recantation, verbally and in a letter.

0:34.0

After Dr. Schute said that his testimony was misinterpreted,

0:38.0

to quote Rachel, the case got real.

0:41.0

The case was passed to Judge Bennett because Judge Davis changed positions and at that point

0:47.9

Richard's attorney became Jeff from Venable.

0:50.8

Remember, Richard wasn't entitled to counsel, but something about this case inspired two separate

0:56.9

judges to appoint him counsel anyway.

0:59.4

The habeas continued.

1:01.2

Then it stopped.

1:02.2

Then it started again.

1:04.6

And that's where today's episode begins.

1:08.6

I'm Brooke, and this is episode 9 of Convicted.

1:11.8

I'm going to get is episode 9 of Convicted.

1:21.0

I'm going to give you a short refresher of the starts and stops and the starts and the stops that led to today's episode.

1:27.7

Rachel had written the initial habeas petition, but in 2012, Jeff Garinther and Venable were heard in the court of Judge Richard Bennett on the issues that the petition

1:32.4

raised.

...

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