The Michigan Supreme Court has ordered a new trial for three men convicted of murder in 2009. That's after a Freedom of Information request revealed a transcript of a police interview with a key witness was never turned over to the defense.
A public records request revealed the defense was not given a transcript of the witness' first police interview. The Supreme Court ruled this was a critical error, reversed the conviction, and sent the case back to the Genesse County Circuit Court for a new trial.
It was a close four-to-three decision. There was no disagreement it was a mistake for the prosecution not to provide the transcript. But the minority held it made no difference because there was enough other evidence to convict the three men.
The majority opinion was written by Chief Justice Bridget Mary McCormick. It noted a later interview with the same witness had differences from the initial interview. She said that could have made the difference between conviction and acquittal.
