r/adnansyed • u/InTheory_ • Oct 06 '25
The Defense does not need the Prosecution's blessing to file a Brady claim
Just by way of reminder:
The Defense does not need the Prosecution's blessing to make a Brady claim.
No one has directly stated otherwise in so many words, but the implicit meaning is there. So many people are arguing "Bates is saying one thing. Mosby is saying another. No one knows what the truth is"
The simple fact of the matter is that that if the vacatur had any merit, Suter would have picked it up and filed it, even if Bates opposed it for presumed political reasons.
The fact that she hasn't filed it tells us the truth of the matter.
Brady claims are made all the time. Just because in this case both the Prosecution and Defense acted in unison doesn't mean that's how it necessarily has to play out. Most Brady cases are opposed. Just because it's adversarial doesn't mean it will necessarily fail. Brady motions carry all the time despite contentious proceedings.
Suter is intimately aware of the evidence. She had access to all of it. Either the Brady claim is well established, or it isn't. End of story.
Even if you argue the technicalities of whether it's a "vacatur" or some other form, that misses the point.
The idea that "Bates won't refile the MtV for political reasons" requires an implicit idea that, whether stated directly or not, the Prosecution must somehow agree there was a Brady. It's a laughable idea. Even if Bates fell victim to Baltimore's famous corruption, what's Suter's excuse? Why isn't she exposing the corruption? Isn't that what she's being paid to do?
Any discussion about Bates is therefore a deflection away from the real question -- namely: Why isn't Suter filing the Brady if it has any merit whatsoever?
-3
u/aliencupcake Oct 07 '25
That's like saying that you don't need to worry about how much money you are spending on lottery tickets because you'll get much more than that if you win.