Judge Timothy Canning dismisses DUI case due to Brady violation by DA

Deputy Public Defender Rosemary Deck got a dismissal in the Leland Murro case after a jury  was impaneled, for a Brady violation.

"Brady v. Maryland, 373 U.S. 83 (1963), was a landmark United States Supreme Court case that established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense. The prosecution failed to do so for Brady and he was convicted." -Wikipedia

Judge Timothy Canning dismissed the Murro case was for withholding exculpatory evidence.



Murro was charged with a DUI. He has a orior but that was excluded unless he got convicted. Murro also had a probation violation.

"Exculpatory evidence was given to me yesterday," said Ms. Deck. "It was in constructive possession by the DA's office for over a year. The Police had it."

" We don't fault Mr. Pomeroy personally. It is the responsibility of the DA's office to give us this evidence."

"Judge Canning made a right and fair ruling to uphold my client's due process rights."

Judge Canning dismissed the case because of due process rights according to the Constitution and California law as well as not turning evidence over to the defense in a timely manner.

"It is unfortunate that this happened. It was a waste of County time and the jurors."

The case cannot be retried because"jeopardy has attached."