November 7, 2005
Request by Enron Defendants for Brady Material Denied
U.S. District Judge Sim Lake denied a defense request for summaries of witness interviews and copies of the grand jury testimony of certain witnesses on the ground that they contain Brady material, according to a Houston Chronicle story (here). Most trial courts view pre-trial requests for Brady material as premature, although the judges will usually insist that the government affirm its commitment to provide all exculpatory information, a procedure that provides little comfort to defense counsel but realistically is all that can be expected at this point in the proceeding.
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