The 2nd Circuit on Monday refused to grant the habeas petition sought by Jesse Friedman, who was attempting to undo his 1988 guilty plea in the New York molestation case that became the subject of the documentary "Capturing the Friedmans." The 2nd Circuit said there was a good chance that Friedman was coerced into pleading guilty, but that exculpatory evidence, which a prosecutor must turn over under Brady v. Maryland , goes to the fairness of a trial, not to whether a guilty plea was voluntary.
August 17, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Prosecutors’ failure to disclose that hypnosis was used to help a witness recover memories of alleged sex abuse as a child does not invalidate a defendant’s guilty plea, a federal appeals court ruled yesterday.
The 2nd U.S. Circuit Court of Appeals yesterday refused to grant the habeas petition sought by Jesse Friedman, who was seeking to undo his 1988 guilty plea in a molestation case that rocked Nassau County, N.Y., and became the subject of the documentary “Capturing the Friedmans.”
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