88 N.Y.2d 124 (1996)

The prosecution has a duty to preserve potentially exculpatory evidence and to disclose such evidence to the defense; failure to do so, even in good faith, may warrant a new trial if there is a reasonable probability that the verdict would have been different had the evidence been disclosed.

Summary

Bryce was convicted of second-degree murder for the death of his infant son. The prosecution argued that Bryce inflicted fatal injuries, while Bryce claimed the death was accidental. Key to the prosecution’s case was evidence of a skull fracture, which their experts claimed could not have been accidental. Prior to trial, Bryce requested the skull and brain tissue for examination but received only a small bone fragment and unrelated organs. After conviction, the infant’s body was exhumed, revealing that the skull had not been preserved and showed no frontal fracture. Bryce moved to vacate the judgment, arguing that the prosecution failed to preserve and disclose exculpatory evidence. The Court of Appeals held that a hearing was required to determine if the prosecution misrepresented the availability of the skull and whether the skull constituted Brady material, warranting a new trial.

Facts

Bryce’s seven-week-old son died from a brain hemorrhage due to a fractured skull. The prosecution’s theory was that Bryce inflicted the injuries while caring for the child. Bryce admitted to dropping and shaking the infant but claimed it was accidental. The prosecution’s medical experts testified that the skull fracture could not have been accidental and resulted from excessive force. Bryce’s experts testified that they found no evidence of a frontal bone fracture and that the injuries were consistent with an accident.

Procedural History

Bryce was convicted of second-degree murder. The Appellate Division affirmed the conviction. After exhuming the infant’s body and discovering the skull had not been preserved and showed no frontal fracture, Bryce moved to vacate the judgment. County Court denied the motion without a hearing. The Appellate Division affirmed. The New York Court of Appeals reversed and remitted the case for a hearing.

Issue(s)

Whether the prosecution misrepresented to defense counsel that the skull and brain tissue had been preserved and would be available for examination before trial.

Whether the skull constituted Brady material, and if so, whether a new trial is required.

Holding

Yes, a hearing is required to determine whether the District Attorney misrepresented the availability of the skull. Yes, because if the skull constituted Brady material and was improperly withheld, a new trial may be required.

Court’s Reasoning

The Court of Appeals reasoned that a defendant has a constitutional right to discover favorable evidence in the prosecution’s possession that is material to guilt or punishment, as established in Brady v. Maryland. Evidence is material if there is a reasonable probability that, had it been disclosed to the defense, the outcome of the trial would have been different. The Court emphasized that this rule applies regardless of the prosecutor’s good or bad faith. Here, Bryce argued that the prosecutor prejudiced his ability to obtain exculpatory evidence by misrepresenting that the skull and brain tissue had been preserved and would be available for examination. The Court found that if the skull was Brady material and representations were made that it had been preserved when it had not, a new trial may be warranted. The Court stated, “Whether other, sufficient evidence of guilt was produced in response to defendant’s discovery demand is irrelevant if the skull was Brady material and representations were made that it had been preserved, when it had not, and was available for trial, when it was not.” Therefore, the Court remitted the case for a hearing to determine the validity of Bryce’s claims.