The Brady List: DC Prosecutorial Misconduct

Total Violations

Documented cases

Dismissals

Cases dismissed

Exonerations

People freed

Mistrials

Trials aborted

EVIDENCE ITEM #2017-CF1-002 CLASSIFIED // LAW ENFORCEMENT SENSITIVE

UNITED STATES ATTORNEY'S OFFICE
DISTRICT OF COLUMBIA

MEMORANDUM FOR FILE

SUBJECT: WITNESS INTERVIEW - OFFICER MILLER

On January 20, 2017, the undersigned interviewed Officer Miller regarding the arrests at 12th and L Streets NW.

Officer Miller stated that he did NOT observe the defendant, Ayla Wolf, engage in any property destruction. He confirmed that the video footage from his body camera clearly shows the defendant standing peacefully on the sidewalk during the window breaking incident.

PROSECUTOR'S NOTE: This information contradicts the indictment. DO NOT DISCLOSE TO DEFENSE COUNSEL. We will proceed with the theory that the defendant was aiding and abetting the group.

_________________________
Jennifer Kerkhoff
Assistant United States Attorney

BRADY VIOLATION

Case Name ▼	Prosecutor(s) ▼	Violation Type ▼	Outcome ▼	Year ▼
United States v. Ayla Wolf, et al. J20 Inauguration Protests (200+ defendants) Details: Prosecutors withheld exculpatory video evidence showing defendants were not engaged in violence. Judge Robert Morin sanctioned the USAO for "discovery violations." Citation: 17-CF-79 (Superior Court of DC)	Jennifer Kerkhoff Muyskens, Rizwan Qureshi	Withheld Video Evidence	Dismissed w/ Prejudice	2018
United States v. Ingmar Guandique Chandra Levy Murder Details: Prosecutors failed to disclose that their star witness, a jailhouse informant, had recanted his testimony. The conviction was vacated. Citation: 2009 CF1 9230	Douglas Johnson (USAO-DC)	Withheld Witness Recantation	Charges Dropped	2016
United States v. Kendra Young Assault case Details: Government withheld a 911 call that supported the defendant's self-defense claim. Holding: "The government's failure to disclose this evidence constitutes a Brady violation."	USAO-DC	Withheld 911 Call	Dismissed w/ Prejudice	2014
United States v. Clarence Minor Details: Police and prosecutors failed to preserve surveillance video that could have exonerated the defendant.	USAO-DC	Failure to Preserve Video	Dismissed w/ Prejudice	2014
United States v. Donald Gates Served 27 years Details: Prosecutors withheld that the paid informant had a history of lying and was paid $300 for his testimony. DNA later exonerated Gates. Compensation: Settled for $16.65 million	USAO-DC	Withheld Informant History	Exonerated	2009
United States v. Antonio Linder	USAO-DC	Late Disclosure	Mistrial Declared	2006
United States v. Senator Theodore Stevens	Public Integrity Section (DOJ)	Withheld Exculpatory Notes	Conviction Voided	2009
United States v. Antonio Clark	USAO-DC	Brady Material Not Disclosed	Mistrial	2006
United States v. Michael Johnson	USAO-DC	Suppressed Police Notes	Dismissed	2012
United States v. Santae Tribble	USAO-DC	False FBI Hair Analysis	Exonerated	2012
United States v. Marcus Williams	USAO-DC	Withheld Alibi Witness	Dismissed	2015

What is a Brady Violation?

Under the Supreme Court ruling Brady v. Maryland (1963), prosecutors are legally required to disclose any evidence to the defense that might be favorable to the accused. This includes evidence that could negate guilt or reduce the sentence. Hiding this evidence is a violation of due process and can result in reversal of conviction, dismissal of charges, or mistrial.

Consequences for Prosecutors: Despite the constitutional violation, prosecutors who commit Brady violations rarely face disciplinary action from the DC Bar or criminal charges.