Wyoming Court Papers.pdf - KELOLAND.com

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Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 12 of 22 of the report's existence, he would have disclosed it to the defense and conducted a follow-up investigation with the witnesses. Mr. Howard's testimony is corroborated by the recordings, in which the LT members made the decision to withhold the exculpatory evidence from him. 19. Mr. Willoughby filed aDemandfor Discovery on June 2, 2009, that included "all material known to the State of <strong>Wyoming</strong>, or which may be<strong>com</strong>e known, or which through due diligence may be learned from the investigating officers or the witnesses in this case, which are favorable to the accused, and any and all other exculpatory information or material discoverable pursuant to Brady v. Maryland (cite omitted)." On September 30, 2009, Mr. Willoughby filed a Memorandum and Motion to Compel Discovery and a demand for Brady materials, including evidence "known only to police investigators and not to the prosecutor." On December 9, 2009, Mr. Willoughby filed another Motion to Compel, which included "any other discovery under W.R.Cr.P. 16; Brady and its progeny." Mr. Willoughby filed the second and third discovery motions because the government in this case could not be trusted, as Defendants laughingly admit during a recorded conversation. The Defendants knowingly and intentionally withheld, hid, and secreted the exculpatory evidence, and misrepresented its materiality to the prosecution. 20. In their effort to wrongly convict and incarcerate Mr. Willoughby, Defendants Hanson, Ketterhagen, and Brew worked closely together sharing information and strategizing, as evidenced in the Gehlhausen recordings. The Defendants knew the evidence was exculpatory and agreed that if they disclosed the evidence Mr. Willoughby would be set free. Had Defendants not Page 12 of 22
Case 1:12-cv-00210-SWS Document 1 Filed 09/17/12 Page 13 of 22 conspired to intentionally withhold material exculpatory information from the prosecutors and defense team, Mr. Willoughby would not have been wrongfully convicted and incarcerated. STATEMENT OF CLAIMS FIRST CLAIM FOR RELIEF 42 U.S.C. § 1983- Hiding, Secreting, and/or Destruction of Exculpatory Evidence (14th Amendment Violations) (Against All Defendants in Their Individual Capacities) 21. Plaintiff hereby incorporates by reference all paragraphs of this Complaint as if fully set forth herein. 22. Defendants were acting under color of state law in their actions and inactions which occurred at all times relevant to this action. 23. Defendants Hanson, Ketterhagen, and Brew recklessly, knowingly, intentionally, willfully and wantonly withheld, destroyed, and/or hid exculpatory evidence they knew to be exculpatory and that they were under a legal obligation to disclose. Defendants intentionally withheld the exculpatory evidence from the prosecution so that Mr. Willoughby could not use the exculpatory evidence at his trial. Defendants' decision to withhold the exculpatory evidence was consciously made and in bad faith. As a result of being subjected to a depravation of a right guaranteed by the U.S. Constitution, Mr. Willoughby was wrongly convicted for the murder because the Brady material was withheld. Subsequently, however, Mr. Willoughby was found Not Guilty after a second trial, in which the exculpatory evidence was turned over and admitted. 24. Defendants Hanson, Ketterhagen, and Brew, during the investigation, knew the Page 13 of 22
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Wyoming Court Papers.pdf - KELOLAND.com

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