This case has been cited 1 times or more.
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2008-08-28 |
CHICO-NAZARIO, J. |
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| We do not find any suppression of evidence by the prosecution. The defense failed to specify which evidence was suppressed. It simply made a general statement that the prosecution witnesses allegedly did not tell the truth and thus deliberately suppressed material evidence favorable to the petitioner. The adverse presumption of suppression of evidence is not applicable when (1) the suppression is not willful; (2) the evidence suppressed or withheld is merely corroborative or cumulative; (3) the evidence is at the disposal of both parties; and (4) the suppression is an exercise of a privilege.[47] In the case at bar, the prosecution witnesses who allegedly suppressed material evidence were presented in court and were cross-examined by the defense counsel. How then can the defense claim there was suppression? The defense counsel was able to question these witnesses, but failed to elicit the answer he wanted or needed to hear for the exoneration of his client. | |||||