Mr. McVeigh asks this Court for nothing more than to Order the district court to perform its duty under the Constitution. The Court made clear that it makes no difference under Brady whether there would still have been adequate evidence for a conviction even if the favorable evidence had been disclosed. The difference between the inquiry in Hopkinson and the inquiry in this case is the difference between deciding whether, if an oar would have been thrown to a person in a boat going over a waterfall would have saved him, or whether an oar should be thrown to a person in a boat about to go over a waterfall. It was too late to throw the oar to Hopkinson, but it is not too late to throw one to Mr. McVeigh. The Constitution requires it.
Fundamental fairness demands it.
The government did not turn over to defense counsel all Grand Jury transcripts until ordered to do so by the court below in January, 1997. The government has never provided to defense counsel memos of interviews by attorneys for the government. Copyright 1997 Media Bypass magazine. Reprinted with permission.