Bond contends that he is entitled to a new trial due to alleged violations of the Rosario rule, which requires prosecutors to turn over to the defense pretrial statements made by prosecution witnesses, and the Brady rule, which requires prosecutors to disclose evidence that is favorable to the defense, including evidence that could be used to impeach the credibility of a prosecution witness. A Supreme Court judge found that Green, a crack addict, initially told police on two occasions that she did not see the shooting. Three years later, when the trial was underway, she told police she was an eyewitness and agreed to testify. The jury convicted him of reckless murder, apparently relying on Bond's own statement that he fired toward Benguche in an effort to scare him. The judge also ruled the defense failed to show that prosecutors obtained Green's testimony by offering to relocate her or by offering favorable treatment to her son in a drug case.
Bond argues the undisclosed evidence merits a new trial.
The prosecution contends that disclosure would not have undermined its case against Bond in view of the defendant's statement to police and testimony by two other witnesses corroborating Green's account of the shooting.