This is Hidden Killers with Tony Brewski.

You ever wondered how the justice system could go completely off the rails?

Well, let me introduce you to the latest chapter in the Richard Allen Delphi murder case.

His defense team has just dropped a earth scorching court filing, accusing prosecutors of sitting on exculpatory evidence,

including letters that could suggest someone else confessed. And if true, this isn't just a

whoops, we forgot type moment. We're talking about potentially deliberate suppression of evidence

that could have changed

the entire outcome of Allen's trial. So what happens when prosecutors play keep away with evidence?

Is this incompetence, arrogance, or a full-blown miscarriage of justice? And more importantly,

what does it mean for Richard Allen's conviction? Help us break it all down. We have defense attorney

and former prosecutor Eric Fattis with us. And Eric, as someone who's been, again, on both sides

of the courtroom, which I love because you can give both perspectives here, how often do prosecutors

accidentally to forget to turn over key evidence when it's a case like this. And when does it cross the line into outright

misconduct, not just we got so information, whoops, we thought we gave it to you.

Donnie, it happens alarmingly often. People don't know about that and the public doesn't always

hear about it. But in so many cases, gosh, I don't know, that and the public doesn't always hear about it, but in so many cases,

gosh, I don't know, around half the cases that I handle, it seems. There is at least some information

that was supposed to be turned over to defense in fairness so that everyone can be on the same page,

and it wasn't. And then in terms of, you know, sometimes it's an accident.

Sometimes it's on purpose.

The place where it really becomes a problem legally is when the evidence is material and exculpatory, meaning favorable to the defense.

And that's what we see, you know, at least on the surface here with the Richard Allen trial of some of the

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