The 9th Circuit has again cracked down on a secret deal used to prosecute a death penalty case. Tuesday a unanimous three-judge panel ordered a new trial or new sentence for Benjamin Wai Silva, who was sentenced to death for his role in the abduction, assault and murder of two college students. According to the panel, Silva's defense attorney, in a Brady violation, was not told of a deal made between prosecutors and one of Silva's accomplices, who later testified against Silva.
Secret Deal Dooms Death Sentence as 9th Circuit Grants Habeas Relief
July 28, 2005
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