Massachusetts Criminal Defense Lawyer Blog

Former Providence, Rhode Island police officer Robert Huffman was sentenced by Judge Vogel to 60 years in State prison with 40 years to serve as a result of his conviction of rape in April of 2010. Huffman's Rhode Island criminal defense lawyers are likely to appeal Judge Vogel's ruling denying a motion for a mistrial made by defense counsel when the State failed to disclose notes of an interview with the alleged victim.

On appeal, it is likely Huffman's Rhode Island criminal defense lawyers will argue that the State's failure to disclose the notes of the investigating officer violated his right to a fair trial, effective cross examination and due process of law. The United States Supreme Court in the case of Kyles v. Whitley, 514 U.S. 419 (1995) emphasized that a prosecutor which alone can know what is undisclosed, must be assigned the consequence and responsibility to gauge the likely net effect of all such evidence. The Whitley Court went on to state that an individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police.

As a Rhode Island criminal defense lawyer, it is hard to reconcile the judge's decision that the failure to disclose statements of the complaining witness did not prejudice the defendant. While counsel did have an opportunity to review the statements prior to cross examination, that opportunity was only a few days. Additionally, the trial judge stated that there was no harm to the defendant because the defendant did not reveal his trial strategy by making an opening statement. Had counsel had complete discovery from the State, counsel may have made an opening statement. Additionally, counsel was deprived of crucial material that would have shaped the trial strategy, may have lead to other avenues of investigation and altered the method of cross examination. Further, having material to view for months as opposed to days, allows counsel to reconsider and reformulate trial strategy which would certainly chance over time. In light of these factors, I would anticipate that the Rhode Island Supreme Court will grant Huffman a new trial.