Tonja Brown, who has been a champion in fighting for the rights of her innocent brother Nolan Klein, who died last year in prison of illness that could have been treated, and before the state exonerated him, has proposed a new law:
NOLAN’S LAW would be once a defendant is arrested and then charged the law enforcement agency MUST provide to the defense a copy of the evidence at the same time they provide the District Attorney with the evidence.
Here is a letter endorsing Nolan’s Law, written by Gerry Spence, a well known attorney in Nevada:
June 12, 2010
Re: NOLAN’S LAW
Dear Members of the Advisory Commission on the Administration of Justice:
My name is Gerry Spence. I am an attorney who has spent a lifetime fighting for the rights of ordinary citizens. I am in support of Ms. Tonja Brown’s proposed recommendation of NOLAN’S LAW.
NOLAN’S LAW would be instrumental in protecting the rights of any of us who become accused of crimes. NOLAN’S LAW would provide that once a defendant is arrested and charged the law enforcement agency MUST provide the accused with a copy of all exculpatory evidence in the possession of the prosecution at the time of the arrest and that after the arrest copies of any additional exculpatory evidence that is provided the prosecution be simultaneously provided the accused.
We have witnessed in the last decade the release of countless innocent citizens whose precious lives were wasted in horrible prisons because an over zealous prosecutor chose not to turn over exculpatory evidence as is required by law.
The failure to turn over exculpatory evidence not only convicts innocent persons, but it is the reason that rapists and murderers are released to walk among us. Prosecutors withhold evidence which requires the court to reverse convictions and has resulted in the release of person who should have remained behind bars.
When a prosecutor doesn’t do their job, we all lose. Either an innocent person loses his constitutional protection or a rapist or murderer walks free. Support NOLAN’S LAW and protect all of us, and our families from the strategies of ambitious prosecutors who want to convict at any price.
Yesterday, the Dunbar Report on My4 showed an item about Nolan’s Law. The item is about 7 minutes into the program, shown in the first Dunbar Report, Noon on June 16th, 2010.