You are prosecuting James Jones for the shooting of Bill Day. No question in your mind that Jones is the shooter. Three credible witnesses, including the victim, will testify that he is. But Jones’s wife will provide an alibi. Who would believe her though? It seems like a pretty tight case.
Still, there’s this gnawing issue. Officer Jordan tells you that he spoke to Day just after the shooting and Day said that he didn’t know who shot him. He was in pain, and Jordan, coincidentally, had previously arrested Jones. In good faith, you totally discount Day’s initial statement. So, you keep your notes of your interview of Jordan to yourself when Jones’s lawyer requests “any…information, which…impeaches a witness’ testimony.” You respond that you’re not “in possession of any truly exculpatory information.” Indeed, you believe that, because you believe that Day was full of baloney when he denied knowing who shot him.
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