At issue: Hogue accepted a plea from Antrone Johnson, then a juvenile, on sexual assault charges after the victim told her the day before trial that she hadn't really been raped. Reported Jennifer Emily at the News:
Hogue claims she would have disclosed the recantation verbally to the defense attorney, but defense counsel in the case doesn't agree and it's awfully hard to imagine any lawyer worth their fee who wouldn't get the case dismissed, or at least reduced, once they knew the victim backed off her accusation.
Withholding such evidence from the defense is called a "Brady violation." The term refers to a 1963 U.S. Supreme County case – Brady vs. Maryland – in which the court found that prosecutors violate defendants' constitutional rights if they intentionally or accidentally withhold evidence favorable to the defense.
There is no criminal charge for a Brady violation in Texas.
The day before Johnson's trial, the girl told prosecutors that Johnson did not sexually assault her, according to court records. A school official also called her "a great liar," according to another notation in the file.
From this distant perspective, it doesn't seem credible to believe Ms. Hogue told Johnson's attorney her main victim/witness changed her story at the eleventh hour. No one but her behaved like they had that information.
See prior Grits coverage.