Do we really have constitutional rights and what does it mean in the judicial system?
Constitutional Law – Right to a fair trial in general, the due process clause of the Fifth Amendment guarantees the right to a fair trial including the right to be free from Prosecutorial Misconduct. United States Constitution, Amendment 5.
Brady Material – Information or evidence that is favorable to a criminal defendant’s case and that the Prosecution has a Duty to disclose, The Prosecution withholding of such information violates the defendant’s due process rights.
Exculpatory Evidence – evidence tending to establish a criminal defendant’s innocence. The Prosecution has a Duty to disclose exculpatory evidence in it’s possession or control when the evidence may be material to the outcome of the case.
My name is Ernest Murphy. I was charged with a narcotics conspiracy on June 6, 2018 and convicted by a jury on August 20, 2019 of the narcotics conspiracy and possession of firearm in connection to the conspiracy. I was sentenced to 260 months on February 13, 2020. Prosecutors in the United States Attorney’s Office in the Southern District of New York withheld Brady Material. Statements, videos, and recordings that exculpates me and evidence that the defense could have used for impeachment purposes in challenging the credibility of the cooperating witness who, after my sentencing, pled guilty to perjury, lying under oath and to the courts also in later proceedings. The judge in my case deemed him untrustworthy and unreliable. I am confused. I don’t know or understand the Constitution and how we the People are governed by the Constitution, if the Judicial System doesn’t protect our rights, allowing my conviction to stand when I feel that it is unconstitutional, unlawful, and unjust.
