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controversy undermines public confidence in his office and in the entire criminal justice system. This Wednesday, Dec. 7, Cannizzaro is expected to testify in Orleans Parish Criminal District Court Judge Julian Parker’s courtroom in response to a subpoena in yet another post-conviction Brady hearing, this one involving a defendant convicted last year for a 2008 murder. At issue is information about an alleged deal given a jailhouse snitch who testified against Jamaal Tucker. Defense lawyers were not given information about the deal until after the trial. Cannizzaro says he’s not fighting the subpoena. Last week, Cannizzaro sat down with Gambit to discuss these cases, their impact on his office’s effectiveness, and how he hopes to overcome the damage that’s been done to the reputation of the office. gambit The topic of “Brady material” is very much in the news these days because of some high-profile cases alleging that New Orleans prosecutors withheld evidence that should have been turned over to defense lawyers. What is your definition of Brady material? LEON CANNIZZARO In the United States Supreme Court decision of Brady v. Maryland, the Court said if a prosecutor is in possession of information that exculpates or in any way assists the defendant in a criminal proceeding, it is his or
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DA’s office and won a judgment that, with interest, had grown to a staggering $14 million. Cannizzaro appealed the Thompson case all the way to the U.S. Supreme Court and ultimately prevailed, but Thompson was a harbinger of other explosive “Brady cases.” Michael Anderson, who was convicted for the 2006 murders of five teenagers, got a new trial because prosecutors discovered a videotaped interview with a key witness after his trial. The video shows the witness making inconsistent statements as to what she saw — and clearly it should have been found and turned over to defense lawyers before the trial. Cannizzaro ordered the tape turned over to defense lawyers immediately, but he was pilloried in the press for not finding the tape sooner. In a deal to avoid a potential death sentence, Anderson has since pleaded “no contest” to five counts of manslaughter and awaits sentencing; he maintains his innocence. Last month, Cannizzaro’s office argued yet another Brady case before an increasingly hostile U.S. Supreme Court. The High Court has not yet ruled in the latest case, involving defendant Juan Smith, who was convicted of murdering five people in a 1995 home invasion. Smith now seeks a new trial. Cannizzaro says there is no allegation of intentional hiding of evidence in the Smith case, but he readily admits that every new Brady
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