What is the constitutional obligation of the prosecution to produce a complete accounting to the defense of all evidence in its possession?

There is no constitutional requirement that the prosecution make a complete accounting to the defense of all evidence in its possession. Moore v. Illinois, 408 U.S. 786, 92 S.Ct. 2562, 33 L. Ed.2d 706 (1972). However, "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196, 10 L.Ed.2d 215 (1963). To establish

[492 F.2d 174]

a violation of due process, the defendant must show (1) a request by the defendant for favorable evidence possessed by the prosecutor, (2) suppression of evidence by the prosecutor, (3) that the evidence suppressed is favorable to the defendant and (4) that the evidence is material. Moore, supra.

[492 F.2d 174]

Defendants' general pretrial requests for favorable evidence satisfy the first of these requirements. See Lee v. United States, 388 F.2d 737 (9th Cir. 1968).

Concerning the second requirement, pertaining to prosecutorial suppression, it is established that there was no complete suppression of the evidence referred to above. But there were delays in turning over the evidence to defendants. Whether the delay in turning over requested favorable evidence amounts to an unconstitutional suppression of it depends upon whether the delay in disclosure substantially prejudiced defendants in the preparation of their defense. See United States v. Trainor, 423 F.2d 263 (1st Cir. 1970). See also, United States v. Goodman, 457 F.2d 68, 72 (9th Cir. 1972).