Prosecutor’s Note Questioning Witnesses’ Credibility Leads to a Murderer’s Appeal

The Supreme Court of Tennessee recently issued an opinion in Cyrus Deville Wilson vs. State of Tennessee, a case concerning whether a notation in the prosecutor’s file expressing her opinions to the lack of credibility of the State’s witnesses is newly discovered evidence which the defendant may base a petition for writ of error coram nobis (a legal writ issued by a court to correct a previous fundamental error to achieve justice where no other remedy is available).

In the case, Cyrus Deville Wilson was tried and convicted for first-degree murder and sentenced to life in prison. Key to the State’s case were two juvenile eyewitnesses.  Petitioner obtained the District Attorney’s file in this matter which contained handwritten notes wherein the prosecutor had written “good case but for most of [the witnesses] are juveniles who have already lied repeatedly.” Petitioner then filed a petition for writ of error coram nobis contending that this constituted exculpatory evidence that was withheld in violation of his constitutional rights and requested a new trial.  The coram nobis court dismissed the petition.

The Court of Appeals reversed the judgment of the trial court and remanded for an evidentiary hearing. The Court of Appeals held that the petition raises a possible ground for relief, but that numerous facts need to be established before the trial court can determine whether the petition has any merit. Therefore, without an evidentiary hearing there is not enough evidence on the record for the coram nobis court to determine whether the petition has any merit. The state appealed.

The Supreme Court held that the handwritten note expressing the prosecutor’s opinion as to witness credibility was attorney work product. As such it was neither discoverable nor admissible. Thus, the note ought not be deemed newly discovered error on which a petition for writ of error coram nobis could be based. The Court reversed the Court of Criminal Appeals and reinstated the judgment of the trial court.

To read a full version of the opinion click here.

Earlier:

Alarming Flaws in Forensic Analysis Revealed

1969 Murder Conviction Reversed By Court of Criminal Appeals

Now this is a wild one. The original robbery and murder occurred at a Memphis liquor store in 1966 and a conviction against Ms. Freshwater was returned in 1969. The robbery and murder were committed by Attorney Glen Nash and his partner in crime Margo Freshwater. After her conviction, Margot Freshwater escaped from prison in 1970 and she was on the run until 2002.  Now, 45 years after the crime, her case has been overturned on a Brady (withholding favorable evidence by the State) violation and sent back to Shelby County for a new trial.

• MARGO FRESHWATER v. STATE OF TENNESSEE

The main issue was whether State prosecutors withheld from Ms. Freshwater's lawyer a statement of a witness, Johnny Box, that Ms. Freshwater's co-defendant, Glen Nash, told him that he, Nash, had been the lone shooter of the victim, which, had it been revealed to her lawyer, would most likely have resulted in a different judgment. The Court of Criminal Appeals thinks so and reversed the  conviction.


The evidence in question is a four page written statement that details what Attorney Nash told to Johnny Box and was in the files of the District Attorney. The relevant part states that he, Nash, was the sole shooter.  The statement provided in part to Freshwater's lawyer was missing that important part, intentionally.


While it is highly unlikely that the events here will repeat themselves, it is significant that it was through a petition for a writ of error coram nobis that Freshwater found relief.  Typically the court is reluctant to hear arguments about evidence from trial and how the parties exchanged it at such a late date.  But here a fundamental fair trial right was touched upon when it was shown that the state had the actual statement in its possession that this statement was at odds with the partial evidence disclosed by the state with the inference that Freshwater was the actual shooter in the murder.


As a point of interest, the lawyer Glen Nash was found to be insane in Mississippi where the couple was arrested and he remains committed there today.