Habeas Relief Granted to Dead Petitioner on Brady Claim

California's Fifth Appellate District issued a published opinion granting habeas relief to an inmate convicted of first degree murder and sentenced to LWOP more than 20 years ago. The Court, in a forceful opinion condemning the failure of the justice system, found the Brady violation so egregious, it refused to dismiss the still-pending petition when the petitioner, Mark Collin Sodersten, died on June 25, 2006:

This case calls to account the American system of justice. For that system to have credibility we must respond. As we shall explain, what happened in this case has such an impact upon the integrity and fairness that are the cornerstones of our criminal justice system, that continued public confidence in that system requires us to address the validity of petitioner’s conviction despite the fact we can no longer provide a remedy for petitioner himself. To discharge this writ as moot would be a disservice to the legitimate public expectation that judges will enforce justice. It would be a disservice to justice. Most of all, it would be a disservice to petitioner, who maintained his innocence despite a system that failed him. We will not perpetuate that failure and let silence endorse that result.

The Brady claim stemmed from information showing that "at the time of trial, prosecuting and law enforcement authorities were aware of or actually possessed tape-recorded statements of the two key trial witnesses that contained inconsistent statements, as well as admissions of lying and coercive interrogation of one of the witnesses."

Presiding Justice Ardaiz authored this published 87-page opinion joined by Justice Cornell and Justice Kane. In re Sodersten, no. F047425 (Cal.Ct.App., 5th Dist., Filed Jan. 17, 2007).