This time around, we are presenting “Brady” evidence. Which means evidence that was favorable to the defendant, but was withheld from him prior to trial. So what do we have?
Polygraph: This is actually a polygraph worksheet that was obtained through FOIA requests from supporters. The actual polygraph is Jamie Snow’s – 1994. In the notes on the worksheet, “Star witness” Danny Martinez says in reference to the suspect that Snow was not the person he saw.
This evidence was never turned over to Snow. In the state’s reply brief, they make a few very thin arguments.
1) They question whether the “28 year old white male suspect” was actually Jamie Snow. However, the state neglected to redact Snow’s name on the second page of the report. Guess they missed this part?
2) The state goes onto concede that “under the assumption Snow was the subject of the polygraph, ” the witness saying the defendant “is not the person he saw” seems like a “shorthand way of explaining that Martinez did not identify defendant in 1991 when defendant stood as part of an in-person lineup that Martinez viewed.” There is absolutely no evidence that Martinez was referring to the 1991 lineup in which he did not identify Snow, or any of the other photo array’s over the years in which he failed to ID Snow.
3) Finally, the state explains that Martinez was NOT a critical witness. “Therefore, the record rebuts defendant’s characterization of Martinez as a “critical” witness against him.” And bolsters Luna’s ID at “a lot stronger than Martinez.” Recall, Luna was the 14 year old boy who ‘closed his eyes and imagined each of them doing it, and Jamie Snow best fit.” One of the few the state didn’t ask to ID Snow in court, and also one that happened to give an affidavit recanting his ID. How convenient to be able to rewrite history, eh? If only the rest of us had those magical powers.
In addition to the above claims, 2 failed polygraphs from jailhouse informants, and an affidavit from one of these informants wives is being presented. As with the above, the state is claiming, had this evidence been presented at trial, it would not have changed the outcome.
Unlike previous arguments before the appellate court, we feel these arguments will be based on Brady material, or material that was not disclosed to the defense prior to trial. And also based on whether or not this new evidence would have changed the outcome of the trial.
We sincerely hope that you will join us at this hearing on May 12th at 11am in Springfield to support Jamie Snow and The Exoneration Project.
Below are the pleadings and responses that will be argued: