The prosecution must turn over to the accused any evidence that points to their innocence, this is called exculpatory evidence. According to Pennsylvania Rule of Criminal Procedure 573, at the request of the accused, the prosecution must turn over
a. any evidence favorable to the accused which is material either to guilt or to punishment, and which is within the possession or control of the attorney for the Commonwealth;
b. any written confession or incriminating statement, or the substance of any oral confession or incriminating statement, and the identity of the person to whom the confession or incriminating statement was made that is in the possession or control of the attorney for the Commonwealth;
c. the defendant’s prior criminal record;
d. the circumstances and results of any identification of the defendant by voice, photograph, or in-person identification;
e. any results or reports of scientific tests, expert opinions, and written or recorded reports of polygraph examinations or other physical or mental examinations of the defendant that are within the possession or control of the attorney for the Commonwealth;
f. any tangible objects, including documents, photographs, fingerprints, or other tangible evidence; and
g. the transcripts and recordings of any electronic surveillance, and the authority by which the said transcripts and recordings were obtained.
h. A full and fair disclosure of evidence is necessary for the preparation of the defense.
Here at Seelinger Law we ensure that the prosecutor complies with all of the discovery requirements to the fullest extent. If the prosecutor does not respond accordingly to each and every defense discovery request, Seelinger Law lawyers do not hesitate to petition the court to order disclosure, discovery inspection and production of all of the items.
5148 Peach Street, Suite 330
Erie, PA 16509
847 N. Main Street, Suite 003B
Meadville, PA 16335
322 N. Shore Drive
Building 1B, Suite 200
Pittsburgh, PA 15212