What this means for Donyell
Tennessee prosecutors must hand over everything that helps the defense, as soon as reasonably practicable (Rule of Professional Conduct 3.8(d); Formal Ethics Opinion 2017-F-163). Here is what the record shows was missing, late, or never produced.
About Derik Brown
- His November 1, 2021 proffer, with two assistant DAs from the prosecuting office present. Five weeks before trial the prosecutor wrote that they “did not learn of the proffer until the day before” a recent meeting.
- The prosecutor’s statement that Brown “has entered a guilty plea.” The plea was signed four months after trial.
- An unrecorded pre-trial meeting with Brown.
- The download of Brown’s three phones, sent to ATF June 23, 2020.
- ATF’s comparison of Brown’s gun and the bullet, held together from January 2021.
- The sealed supplement to Brown’s federal plea.
About Brittany Lanham
- Her December 9, 2021 recorded interview, with “We are not charging you with anything” and “we could relocate you,” sits in only one of three versions of the detective’s case file.
Physical evidence and records
- The NIBIN ballistics lead of June 11, 2020, absent from the case file until September 29, 2022.
- Footage from the Ring camera, the Night Owl DVR and the three other cameras seized at Teakwood.
- The attachment to the search-warrant returns.
- The SVU missing-person file and the first investigators’ reports.
- The 911 audio and dispatch record for the May 27, 2020 shots-fired call.
- Coffee County’s stop report and jail-call notes.
- The South Pittsburg and Marion County recovery reports, and the autopsy photographs and X-rays.
- Three different versions of the detective’s case file exist. The defense never received a complete one.