Former death row inmate Michael Toney has been moved to the Tarrant County jail after his conviction was overturned last month because of Brady violations where Tarrant prosecutors failed to turn over exculpatory evidence to the defense before Toney's trial 23 years ago, reports the Fort Worth Star Telegram ("Inmate moved from death row to Tarrant County Jail," Jan. 30):
Toney was convicted of capital murder for the 1985 Thanksgiving bombing that killed Angela Blount, 15; her father, Joe Blount, 44; and her cousin, Michael Columbus, 18.
An appeals court overturned his conviction in December after the Tarrant County District Attorney’s office acknowledged that at least 14 documents favorable to his defense were withheld by prosecutors during his trial.
Reports the Startlegram, "Toney has always maintained his innocence. No physical evidence connected him to the crime."
I'd mentioned in the comments recently that the prosecutor in the Tulia drug sting cases, Terry McEachern, is the only prosecutor in recent memory disciplined by the Texas state bar for Brady violations, i.e., for withholding exculpatory evidence, even though it happens quite frequently.
Since the state bar won't discipline them, there's no criminal sanction for withholding evidence, and the US Supreme Court has ruled that they carry no civil liability, what should happen to prosecutors who cheat to get a conviction? What other options are there for reining in such behavior?