It looks like this is a shady area, Alan Dershowitz may well have grounds for saying what Corey did was illegal, but the intricacies of the law are beyond my understanding as a layman.
Prof. SCHECK: I think the problem is that under the law now, number one, prosecutors are not obligated to provide exculpatory evidence to grand juries who are considering whether or not to indict a defendant. And number two, there's no real requirement at all that prosecutors disclose exculpatory evidence to defendants prior to the time they decide to plead.
CONAN: Laurie Levenson, is that right? I know in trial, the prosecution's required to turn that over, but not before a plea bargain?
Prof. LEVENSON: Well, ethically, I think prosecutors should. But we do have some Supreme Court law out there that sort of says there's certain exculpatory evidence you must turn over and that impeachment evidence, maybe not. In many different courts around this country, they've gone the extra step and said, look. No playing games. There's too much at stake here. Prosecutors, turn over this information. Barry's right. In the grand jury, there is no federal law that requires the turning over of exculpatory evidence, but there is in the state side. And once again, I think good prosecutors, prosecutors who are trying to do the right thing, will turn it over. They'll turn it over all the way through sentencing.
Plea Bargains So basically, Dr.Mcoy is right, exculpatory evidence is not required to be handed over before a plea is made from the defendant, but there seems to be some controversy and instances where it still would be required and the failure to do so is at a minimum considered unethical. Alan Dershowitz may have been making sensationalist remarks, or as a Professor of Law at Harvard Law School feels confident in his claim. Either way, Angela Corey calling up Harvard and threatening to sue
them, IF what was reported was true, creates a conflict of interest for her.