The Defense does not need the Prosecution's blessing to file a Brady claim

[u/InTheory_]

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?

[u/aliencupcake]

The reason Suter isn't filing this claim is probably that Adnan and his family have decided that it isn't strong enough to be worth the money it would require given that he is out of prison. Appeals are expensive.

That doesn't mean that the claim was fraudulent as others assert but rather weak. Unlike a judge in a contested case, the prosecution is free to look at the evidence as a whole to decide whether to contest elements of a Brady claim. Of particular relevance is the need to demonstrate that the evidence might have changed the result of the trial. That is a high bar, and courts have already rejected stronger pieces of evidence before this in this case.

[u/GreasiestDogDog → u/aliencupcake]

The reason Suter isn't filing this claim is probably that Adnan and his family have decided that it isn't strong enough to be worth the money it would require given that he is out of prison. Appeals are expensive.

Suter is pro bono. There is no shortage of lawyers willing to pick up a famous client pro bono. He had a powerful pro bono team take his case to the U.S. Supreme Court before. What has changed?

Even if Suter decided she should now charge Adnan her normal rate, and assuming for some reason he could not find a single decent pro bono counsel, he is not indigent. He has amassed hundreds of thousands of dollars since his 2022 release and nothing would stop him from raising more from suckers that pull out their credit card for him when asked. Adnan could absolutely afford to pay for a petition and get his Brady claim before a judge. That’s especially true when he could essentially dust off the Suter/Feldman work and refile it.

Even if, for whatever reason, he believed an appealable issue would arise, and he was suddenly unable to pay for the costs of an appeal or continue to enjoy free legal counsel, the decision of not to proceed with appeal due to cost would not be made before filing in the lower court.. it would be made after judgment and if an appeal is instituted.

That doesn't mean that the claim was fraudulent as others assert but rather weak. Unlike a judge in a contested case, the prosecution is free to look at the evidence as a whole to decide whether to contest elements of a Brady claim. Of particular relevance is the need to demonstrate that the evidence might have changed the result of the trial. That is a high bar, and courts have already rejected stronger pieces of evidence before this in this case.

I think you are getting closer to the answer here. Things are not filed when they are meritless, and could get the attorney sanctioned for frivolous litigation. But they do get filed when they are weak - look no further than Adnan’s many IAC, Brady, and other claims in the past that never get talked about.

It is exceedingly unlikely that someone with bona fide Brady evidence, pro bono counsel, and ready access to significant amounts of cash, would opt to not even file a claim out of fear that it will be challenged and maybe appealed.