ABSTRACT

We detailed four areas of serious police misconduct: “(a) the photo identification process; (b) missing supplemental reports; (c) missing campground registration cards for the weekend of August 20, 1990; and (d) witness tampering by Detective Moore.” 5

I thought that our best opportunity for a new trial was our claim of a Brady violation, the withholding of exculpatory evidence from the defense Brady v. Maryland (1963). We argued that Gillispie’s lawyers were never given the file that had been accumulated by the first detectives on the case. Not only that, but it subsequently disappeared! The Innocence team learned of its existence only long after the trial when Fritz, the original detective on the case and now a hired private detective working with Gillispie’s legal team, mentioned the file. Fritz had always assumed that this record had been turned over to the defense as required by law, but it had not.