Prosecutor Misconduct No. 1681255808 - 1103733403

Fern L Smith
320 Robert S. Kerr Avenue, #505
Oklahoma City, Oklahoma 73102

Date of Offense

May 1, 1997

Offense(s)

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association

Supporting Document(s)

GlossipIndependentInvestigation_SupplementalReport 1 08.09.22.pdf

Statement

In May 1997 Fred McMadden was in contact with District Attorney Bob Macy and Assistant District Attorney Fern Smith regarding testifying against Justin Sneed in Oklahoma County case # CF-1997-244. The testimony, if introduced, was potentially exculpatory to Sneed's codefendant, Richard Glossip. Assistant District Attorney Fern Smith was the lead prosecutor on the case. The District Attorney's office did not turn over any report or summary of McFadden's statements to the defense either pre- or post-trial. See page 2 of attached supplemental report.

Definition of Offense(s)

Failure to Disclose Brady/Giglio Material

Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.

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