MEMORANDUM OF LAW

Brooks Mclean Mitchell

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Defendant in pro per

IN THE SEVENTH JUDICIAL CIRCUIT COURT

IN AND FOR VOLUSIA COUNTY, FLORIDA

NOW COMES Brooks Mclean Mitchell, Defendant, and files this Memorandum of Law in Support of Defendant’s Motion to Compel Discovery, Suppress Evidence, and Dismiss Charges Due To Brady Violations, Misconduct, and Withholding Exculpatory Evidence, and for cause would show this Honorable Court as follows:

1. INTRODUCTION
2. This Memorandum of Law supports the Defendant’s Motion to Compel Discovery, Suppress Evidence, and Dismiss Charges in light of the egregious Brady violations, prosecutorial misconduct, and withholding of exculpatory evidence by the prosecution. The Defendant asserts that the actions of the prosecution, including the concealment of material evidence, warrant the immediate attention of this honorable court.

1. THE BRADY V. MARYLAND STANDARD SHOULD BE APPLIED IN FAVOR OF THE DEFENDANT
2. The Brady v. Maryland, 373 U.S. 83 (1963) decision set a precedent that has had profound implications for the criminal justice system. The case centered around John Brady, who, along with his co-defendant, was convicted of murder. During the trial, the prosecution failed to disclose a statement made by Brady’s co-defendant that could have potentially exonerated him. The Supreme Court, in a landmark decision, held that the suppression of material evidence favorable to the accused violates the Due Process Clause of the Fourteenth Amendment.
3. The Brady standard consists of three essential elements:
4. Favorable Evidence: The evidence must be favorable to the accused, either because it is exculpatory or because it is impeaching of a witness or evidence presented by the prosecution.
5. Suppression by the State: The prosecution must have suppressed, concealed, or failed to disclose the evidence to the defense. This includes not only deliberate concealment but also situations      where the prosecution is unaware of the evidence’s existence.
6. Prejudice: The suppression of the material evidence must have resulted in prejudice to the In other words, there must be a reasonable probability that the outcome of the trial          would have been different if the evidence had been disclosed.
7. In the Defendant’s case, several pieces of evidence withheld by the prosecution meet the first element of the Brady standard—they are favorable to the accused. The evidence in question includes:
8. a) Prior Cell Phone Search dated 4th of June, 2015 (Exhibit 1).
9. b) Yahoo Search Warrant for activity between March 11th, 2015, and March 13th, 2015 (Exhibit 2).
10. c) The Yahoo Subpoena (Exhibit 3).
11. d) 2 Craigslist Subpoenas dated 25th of October, 2017 (Exhibit 4).
12. Each of these pieces of evidence is potentially exculpatory or could be used to impeach witnesses or evidence presented by the prosecution. For instance, the Prior Cell Phone Search could contain information that contradicts the prosecution’s case. Similarly, the Yahoo Search Warrant and Subpoena might reveal data that supports the Defendant’s defense or contradicts the prosecution’s narrative. The Craigslist Subpoena could provide crucial information about the alleged crime.
13. The second element of the Brady standard requires that the prosecution either suppressed or failed to disclose the evidence to the defense. In the Defendant’s case, it is evident that the prosecution has withheld these pieces of evidence. This suppression is particularly concerning given the potential significance of the evidence to the Defendant’s defense.
14. The email communication from Assistant District Attorney Erica Kane, as mentioned in the Defendant’s motion, raises additional questions about the state’s awareness of the withheld evidence. The email suggests that the prosecutor was aware of the missing evidence and took steps to address it, including issuing a subpoena to Craigslist. This awareness further highlights the prosecution’s duty to disclose this information to the defense.
15. The final element of the Brady standard requires a showing of prejudice, which means that there must be a reasonable probability that the outcome of the trial would have been different if the evidence had been disclosed. In the Defendant’s case, the withheld evidence could potentially have a significant impact on the trial’s outcome.
16. The withheld evidence contradicts the testimony of key witnesses or impeach their credibility. For example, the Prior Cell Phone Search and the Yahoo data show discrepancies with witness statements, and weaken the prosecution’s case.
17. The evidence may provide the Defendant with a stronger defense. For instance, if the Yahoo Search Warrant or Subpoena reveals exculpatory information, it could directly support the Defendant’s innocence.
18. It is imperative that this honorable court recognizes the significance of the Brady standard and ensures that the Defendant’s rights are upheld.

• THE UNITED STATES V. BAGLEY EXCEPTION APPLIES IN FAVOR OF THE DEFENDANT

12. The United States v. Bagley, 473 U.S. 667 (1985), marked a pivotal moment in the realm of criminal law, particularly in the context of Brady violations and the prosecution’s duty to disclose exculpatory evidence. This landmark decision established an exception to the traditional adversarial model of criminal trials, emphasizing the importance of fairness, justice, and the search for truth over mere convictions.
13. Traditionally, the American criminal justice system has operated under the adversarial model, where the prosecution and defense are seen as opposing forces, each vigorously advocating for its side. This model assumes that the truth will emerge from the clash of these opposing forces. However, the Bagley decision introduced a significant departure from this adversarial model in cases involving Brady
14. The Bagley exception, with its “reasonable probability” standard, represented a significant shift in the prosecution’s disclosure obligations. It signaled that the prosecution’s role is not solely that of an adversary seeking convictions but also a minister of justice whose duty extends to ensuring fairness, transparency, and the pursuit of truth in criminal trials.
15. Under the Bagley exception, defendants do not need to prove that the withheld evidence would have led to an acquittal. Instead, they must demonstrate a reasonable probability of a different trial outcome. This eases the burden on defendants, making it more feasible to establish Brady
16. The Bagley exception provides defendants with a stronger safeguard against prosecutorial misconduct. It ensures that potentially exculpatory evidence is not suppressed or hidden, thus protecting the defendant’s right to a fair trial.
17. By imposing a duty on prosecutors to disclose material evidence, even if it only creates a reasonable probability of a different trial outcome, the Bagley exception holds prosecutors accountable for their actions. It discourages practices that could undermine the integrity of the criminal justice system, such as withholding evidence.
18. The Bagley exception promotes fairness in criminal trials by ensuring that defendants have access to all relevant information. It helps prevent wrongful convictions.
19. As per Bagley, the Defendant does not need to demonstrate that the undisclosed evidence would have led to an acquittal. He only needs to show a reasonable probability that, had the evidence been disclosed, the trial’s outcome would have been different. This standard offers the Defendant a more accessible path to establish a Brady
20. The Bagley exception emphasizes the materiality of the undisclosed evidence. The suppressed evidence, which includes the Prior Cell Phone Search, Yahoo Search Warrant, Yahoo Subpoena, and Craigslist Subpoena, is material to his case. This evidence is relevant to his defense, including potentially exonerating him.
21. The Bagley exception underscores that the prosecution’s role extends beyond mere advocacy for convictions. It highlights the duty of the prosecution to assist the defense in the pursuit of truth and justice. The prosecution’s failure to disclose crucial evidence, despite knowing its potential significance, constitutes a violation of this duty.
22. The Bagley exception aligns with the fundamental principle that the criminal justice system should not permit unfair trials. The Defendant can contend that the withheld evidence could have had a significant impact on the trial’s fairness.

1. MATERIALITY OF THE WITHHELD MATERIAL EVIDENCE
2. The first piece of withheld evidence is the Prior Cell Phone Search dated June 4th, 2015, marked as Exhibit 1. It contains data or information that could potentially exonerate the defendant. Modern cell phones store vast amounts of data, including call logs, text messages, and location information, which could provide an alibi or demonstrate the defendant’s innocence.
3. The Yahoo Search Warrant for activity between March 11th, 2015, and March 13th, 2015 (Exhibit 2) and the Yahoo Subpoena (Exhibit 3) are intertwined pieces of evidence that shed light on the defendant’s case. These documents contain vital information regarding the defendant’s online activity during the specified period.
4. The Craigslist Subpoena dated October 25th, 2017 (Exhibit 4) is yet another critical piece of evidence. The Craigslist Subpoena contradicts the key witness’s claims.
5. Erica Kane’s email suggests that there may be missing evidence or discrepancies that have not been properly addressed. This raises questions about the integrity of the case and the possibility of police misconduct.
6. The email indicates that the state was concerned about the missing evidence and its potential impact on the case. This implies that the prosecution had a motive for withholding the evidence.
7. When material evidence is withheld in a criminal case, there are significant ramifications that affect the defendant, the fairness of the trial, and the integrity of the justice system as a whole.
8. The United States Supreme Court has unequivocally held that the withholding of material evidence constitutes a violation of the defendant’s right to due process of law. In the landmark case of Brady v. Maryland, 373 U.S. 83 (1963), the Court ruled that the prosecution’s duty to disclose exculpatory evidence is inherent in the concept of a fair trial. This duty stems from the Fourteenth Amendment’s guarantee that no state shall “deprive any person of life, liberty, or property, without due process of law.”
9. When material evidence is deliberately or recklessly withheld, the defendant’s due process rights are jeopardized. Due process requires that the accused be afforded a fair and impartial trial, where all relevant evidence is disclosed to both parties. Failure to fulfill this obligation undermines the very foundation of justice and raises concerns about the legitimacy of the criminal justice system.
10. The right to a fair trial is enshrined in the Sixth Amendment to the United States Constitution. It includes the right to confront witnesses, the right to a defense, and the right to a fair and impartial jury.
11. Withholding evidence that could impeach or discredit witnesses denies the defendant the opportunity to effectively challenge the credibility of prosecution witnesses. This infringes upon the defendant’s ability to confront adverse witnesses, a fundamental aspect of the right to a fair trial.
12. A fair trial also encompasses the right to present a defense. When material evidence is withheld, the defendant’s ability to construct a robust defense is compromised. The defendant may be deprived of critical information that could exonerate them or establish their innocence.
13. Wrongful convictions are a stain on the criminal justice system, resulting in the imprisonment of innocent individuals and the erosion of public trust in the legal system. When exculpatory evidence is hidden, innocent defendants may be wrongly found guilty, leading to profound injustices.
14. The withheld material evidence, including the Prior Cell Phone Search (Exhibit 1), Yahoo Search Warrant (Exhibit 2), Yahoo Subpoena (Exhibit 3), and Craigslist Subpoena (Exhibit 4), could hold the key to preventing a wrongful conviction. If this evidence can establish the defendant’s innocence, demonstrate that the witnesses are unreliable, or prove that the defendant’s actions were justified, it is incumbent upon the prosecution to disclose it to prevent an unjust outcome.
15. The withheld material evidence in favor of the defendant is not a mere procedural matter; it strikes at the heart of the criminal justice system’s integrity. It has the power to determine the fate of individuals, either safeguarding their liberty or leading to their wrongful conviction. The defendant’s right to due process, a fair trial, and a defense are inextricably tied to the disclosure of this evidence.
16. The prosecution’s duty to disclose exculpatory evidence is not a mere formality; it is a constitutional mandate aimed at ensuring justice is served. When this duty is not upheld, the consequences are far-reaching, impacting not only individual defendants but also public confidence in the entire legal system.
17. In this case, the Prior Cell Phone Search (Exhibit 1), Yahoo Search Warrant (Exhibit 2), Yahoo Subpoena (Exhibit 3), Craigslist Subpoena (Exhibit 4), and the email communication by Assistant District Attorney Erica Kane collectively represent a critical component of the defendant’s defense. Their relevance to the case cannot be understated, as they hold the potential to exonerate the defendant, impeach witnesses, reduce punishment, and establish a valid defense.
18. To ensure the defendant receives a fair trial and that justice is served, it is imperative that this evidence is promptly disclosed. The criminal justice system’s legitimacy hinges on its ability to uncover the truth and protect the rights of all individuals, including those accused of crimes

1. PROSECUTION’S TAMPERING WITH EVIDENCE
2. The prosecution presented two email threads, one containing 20 emails and the other with 19 emails, during the course of this trial. One of these emails was fabricated with the apparent intent to secure a conviction against the defendant. Moreover, both email threads included a graphic picture thread that was conspicuously absent from the Craigslist server report.
3. The discovery that one of the email threads presented by the prosecution contained a fabricated email has serious implications for the integrity of this case. Fabricating evidence strikes at the core of the defendant’s right to a fair trial.
4. The Fifth and Fourteenth Amendments affirm the right to due process, ensuring that no person shall be deprived of life, liberty, or property without due process of law. Central to due process is the right to a fair trial, which includes the right to confront witnesses, the right to present a defense, and the right to an impartial jury.
5. Fabrication of evidence directly undermines due process. In this case, the presence of a fabricated email in the prosecution’s evidence raises serious concerns about the fairness of the trial and the credibility of the evidence presented. The defendant’s ability to confront witnesses and present a defense is compromised when faced with fraudulent evidence.
6. The implications of fabricated evidence extend beyond the confines of this trial. Fabrication not only risks the wrongful conviction of the defendant but also erodes public trust in the criminal justice system.
7. The presence of two different email threads, one with 20 emails and the other with 19, raises additional concerns. It suggests an inconsistency or discrepancy that demands a comprehensive investigation to ascertain the truth.
8. The prosecution’s credibility is at stake when two conflicting sets of evidence are presented. The court must be confident in the accuracy and integrity of the evidence.
9. The discrepancies directly affect the credibility of witnesses who have testified based on the email evidence. The evidence is inconsistent, and it undermines their testimony. The presence of conflicting evidence raises the possibility of manipulation or tampering with the evidence.
10. The defendant’s right to confront witnesses, enshrined in the Sixth Amendment, is compromised when presented with contradictory evidence. It is essential that the defendant has a fair opportunity to challenge the credibility and accuracy of the evidence and the witnesses who rely on it.
11. The absence of the graphic picture thread from the Craigslist server report, despite its presence in both email threads, raises questions about the completeness and accuracy of the evidence presented by the prosecution.
12. The graphic picture thread may have significant relevance to the case. Its absence from the Craigslist server report, coupled with its inclusion in the email threads, suggests that crucial evidence may have been withheld or omitted.

1. MOONEY V. HOLAHAN AND PROSECUTORIAL MISCONDUCT
2. The Supreme Court’s decision in Mooney v. Holahan, 294 U.S. 103 (1935) revolved around the principle that due process of law requires the prosecution to disclose material evidence favorable to the accused, especially when such evidence could exonerate the defendant. In this case, the prosecutors not only failed to disclose exculpatory evidence but also actively participated in presenting false evidence to secure convictions. The Supreme Court held that such egregious misconduct violated the Fourteenth Amendment’s due process clause.
3. One of the fundamental principles established in Mooney v. Holahan is that prosecutors have a duty to disclose material evidence that could benefit the defendant. This duty arises from the broader concept of due process, which ensures that defendants are afforded a fair trial and are not wrongfully convicted. When prosecutors withhold exculpatory evidence, they undermine the integrity of the criminal justice system.
4. In Mooney v. Holahan, the misconduct of prosecutors extended beyond mere nondisclosure of evidence. It involved the presentation of false evidence, including fabricated confessions and witness testimony. This misconduct was tantamount to perjury and deliberate deception of the court and jury, further illustrating the severity of prosecutorial misconduct.
5. The case highlighted the devastating impact of prosecutorial misconduct on fair trials and the potential for innocent individuals to be wrongfully convicted. In the absence of exculpatory evidence, defendants may be deprived of their constitutional right to a fair trial, leading to miscarriages of justice.
6. Just as in Mooney v. Holahan, the prosecution in the Defendant’s case withheld material exculpatory evidence. This evidence includes the Prior Cell Phone Search, the Yahoo Search Warrant, the Yahoo Subpoena, and the Craigslist Subpoena. These pieces of evidence are essential to the defendant’s defense and could potentially exonerate him.
7. Mooney v. Holahan emphasizes the duty of prosecutors to disclose evidence that tends to negate the defendant’s guilt. In the Defendant’s case, the State’s failure to disclose discrepancies between the evidence, such as the missing email mentioned in Assistant District Attorney Erica Kane’s email, raises concerns about a potential violation of the Defendant’s due process rights.
8. Similar to Mooney v. Holahan, the withheld evidence could have a significant impact on the fairness of the defendant’s trial. Had the court been aware of the discrepancies and the missing evidence, it might have resulted in a different outcome, reinforcing the importance of due process and the right to a fair trial.
9. The parallels between Mooney v. Holahan and the Defendant’s case underscore the importance of due process, the duty to disclose exculpatory evidence, and the profound impact that prosecutorial misconduct can have on the fairness and integrity of criminal trials. It is imperative that this honorable court carefully considers the allegations of misconduct, compels the disclosure of withheld evidence, and ensures that justice is served, in accordance with the principles set forth in Mooney v. Holahan. In doing so, the court can uphold the Defendant’s right to a fair trial.

• PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests this Honorable Court to GRANT his Motion to Compel Discovery, Suppress Evidence, and Dismiss Charges Due to Brady Violations, Misconduct, and Witholding Exculpatory Evidence.

Dated this ____ day of September, 2023.

Respectfully Submitted,

___________________________________

Brooks Mclean Mitchell

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