Joseph A. Buffey was originally arrested in connection with burglaries conducted in 2001. Around the same time a 83-year old woman was robbed and raped in Clarksburg and Mr. Buffey, then 19, was also connected to that crime. Mr. Buffey admitted to the burglaries but initially denied that he had anything to do with the crimes against this woman. But upon advice of counsel that he might otherwise face a longer sentence, he later pleaded guilty to the robbery and rape. Following the guilty plea, the burglary charges were dropped and he was sentenced to a 70-year minimum.
At the time of the plea bargain, the prosecutors however withheld information about a DNA test of the rape kit, which found no DNA from Mr. Buffey. With this information, Mr. Buffey would probably not have pleaded guilty and subsequently not have been convicted at trial.
According to the Brady disclosure, prosecutors must turn over such potentially exculpatory evidence and information to defendants at criminal trials. But whether that also applies to the process of plea bargaining has been disputed. A definitive answer by the Supreme Court is still pending.
According to Jeffrey L. Fisher, a professor of criminal and constitutional law at the Stanford Law School, well over 90% of criminal cases are resolved with plea bargains and not at trial, which makes this issue immensely important.
The Buffey-case might now set a precedent for the constitutional rights of criminal defendants. On November 10th 2015, the West Virginia Supreme Court ruled that Mr. Buffey could withdraw his 2002 guilty plea that he claims was pressured by prosecutors and his lawyer. The court found that Mr. Buffey who „repeatedly requested the results of DNA testing, was incorrectly informed that such testing was not yet complete and was presented with a time-limited plea offer that he accepted upon advice of counsel.“ – „Thus, Mr. Buffey’s due process rights, as enunciated in Brady, where violated by State’s suppression of that exculpatory evidence“.
Upon request by Mr. Buffey, the rape kit was compared with a criminal database and matched another man, who was convicted of the same rape.
The West Virginia authorities have 30 days to appeal the decision by the West Virginia Supreme Court.
Source: The New York Times