---
url: 'https://pc.giglio-bradylist.com/prosecutor-complaint-categories/duty/failure-investigate-ignoring-evidence-innocence'
title: 'Failure to Investigate | Ignoring Evidence of Innocence'
author:
  name: Anonymous
updated: '2025-09-22T20:41:34+00:00'
type: prosecutor_complaint_categories
summary: 'Failure to Investigate or Ignoring Evidence of Innocence occurs when a prosecutor, despite having knowledge of leads, witnesses, or evidence that could establish or strongly support a defendant’s innocence, neglects or refuses to pursue those avenues. This misconduct undermines the prosecutor’s duty to seek justice rather than convictions and can amount to a violation of due process.Scope:Neglecting Exculpatory Leads: Failing to follow up on credible evidence that points away from the defendant.Disregarding Alternative Suspects: Ignoring evidence identifying another perpetrator or suppressing such information.Omitting Witnesses: Refusing to interview or disclose witnesses who could provide exculpatory or mitigating testimony.Withholding Scientific Inquiries: Declining to conduct or disclose forensic tests (e.g., DNA, fingerprints) that might exclude the defendant.Minimizing or Concealing Evidence of Innocence: Downplaying or burying information in case files instead of fairly disclosing it to the defense.Examples:Refusing to test biological evidence that could exonerate the accused.Ignoring credible third-party confessions implicating another suspect.Suppressing alibi witness statements that were presented during investigation.Choosing not to review surveillance video that could disprove the government’s theory.Related Standards:Brady v. Maryland, 373 U.S. 83 (1963): Requires disclosure of exculpatory evidence.Kyles v. Whitley, 514 U.S. 419 (1995): Obligation extends to evidence known to law enforcement and investigative agents.ABA Model Rule 3.8(a) & (d): Prosecutors must refrain from prosecuting without probable cause and must disclose exculpatory evidence.Berger v. United States, 295 U.S. 78 (1935): Establishes that the prosecutor’s role is to seek justice, not merely to win cases.Consequences:Failure to investigate or ignoring evidence of innocence can result in wrongful convictions, reversal on appeal, post-conviction relief, professional discipline, civil liability, and significant erosion of public trust in the justice system.'
tags:
  - 'On Duty'
published: true
---
## [Failure to Investigate | Ignoring Evidence of Innocence

 ](/prosecutor-complaint-categories/duty/failure-investigate-ignoring-evidence-innocence)

Failure to Investigate or Ignoring Evidence of Innocence occurs when a prosecutor, despite having knowledge of leads, witnesses, or evidence that could establish or strongly support a defendant’s innocence, neglects or refuses to pursue those avenues. This misconduct undermines the prosecutor’s duty to seek justice rather than convictions and can amount to a violation of due process.

**Scope:**

- **Neglecting Exculpatory Leads**: Failing to follow up on credible evidence that points away from the defendant.
- **Disregarding Alternative Suspects**: Ignoring evidence identifying another perpetrator or suppressing such information.
- **Omitting Witnesses**: Refusing to interview or disclose witnesses who could provide exculpatory or mitigating testimony.
- **Withholding Scientific Inquiries**: Declining to conduct or disclose forensic tests (e.g., DNA, fingerprints) that might exclude the defendant.
- **Minimizing or Concealing Evidence of Innocence**: Downplaying or burying information in case files instead of fairly disclosing it to the defense.

**Examples:**

- Refusing to test biological evidence that could exonerate the accused.
- Ignoring credible third-party confessions implicating another suspect.
- Suppressing alibi witness statements that were presented during investigation.
- Choosing not to review surveillance video that could disprove the government’s theory.

**Related Standards:**

- **Brady v. Maryland, 373 U.S. 83 (1963)**: Requires disclosure of exculpatory evidence.
- **Kyles v. Whitley, 514 U.S. 419 (1995)**: Obligation extends to evidence known to law enforcement and investigative agents.
- **ABA Model Rule 3.8(a) & (d)**: Prosecutors must refrain from prosecuting without probable cause and must disclose exculpatory evidence.
- **Berger v. United States, 295 U.S. 78 (1935)**: Establishes that the prosecutor’s role is to seek justice, not merely to win cases.

**Consequences:**  
Failure to investigate or ignoring evidence of innocence can result in wrongful convictions, reversal on appeal, post-conviction relief, professional discipline, civil liability, and significant erosion of public trust in the justice system.