Read v. Virginia State Bar

Beverly C. John Read (defendant) was a prosecutor in a murder and arson trial. As part of the prosecution’s case, Read intended to use the testimony of two witnesses who were present near the scene to prove that the defendant was the person who committed the crime, one of whom had positively identified the defendant in a lineup. That witness, however, soon recanted the testimony and affirmatively told Read that the defendant was not the person he or she saw near the scene of the crime. At that time, Read decided that she would not call the witnesses to the stand. Although the judge ordered during discovery that the prosecution disclose any exculpatory evidence to the defense, Read did not disclose this information until the prosecution rested its case. At that time, Read wrote in a notepad that the witnesses had changed their testimony and that the witnesses now affirmed the defendant was not the person they saw at the scene. The attorney for the defense refused to accept this note. Read then read the note into the record. Counsel for defense moved to dismiss the case for prosecutorial misconduct. The case was dismissed for different reasons. Afterward, the State Bar Disciplinary Board (board) (plaintiff) charged Read with misconduct. The Sixth District Committee of the Bar (committee) found Read in violation of her duty to disclose exculpatory evidence and recommended a private reprimand. Read appealed.