A public records request revealed the defense was not given a transcript of the witness’s first police interview. The Supreme Court ruled this was a critical error, reversed the conviction and sent the case back to the Genessee County Circuit Court for a new trial.
It was a close four-to-three decision. There was no disagreement it was a mistake for the prosecution not to provide the transcript. But the minority held it made no difference because there was enough other evidence to convict the three men.
The majority opinion was written by Chief Justice Bridget Mary McCormick. It noted a later interview with the same witness had differences from the initial interview. She said that could have made the difference between conviction and acquittal.
