What is the Brady Rule? | Explaining legal motion filed by Naresh Bhatt's defense team

2 months ago 9

Mamta Kafle Bhatt's husband is due back in a courtroom. Here's what a judge will decide.

MANASSAS PARK, Va. — As searches continue for missing Manassas Park mom Mamta Kafle Bhatt, who vanished over a month ago, her husband Naresh Bhatt is due back in court. Records indicate the court appearance is for a Brady hearing.

The Brady Rule is a legal motion that forces prosecutors to to hand over all evidence they have in a case to the defense. Naresh Bhatt's defense team filed the motion, and a judge will decide whether to grant the motion on Friday. 

"Brady material, or the evidence the prosecutor is required to disclose under this rule, includes any information favorable to the accused which may reduce a defendant's potential sentence, go against the credibility of an unfavorable witness, or otherwise allow a jury to infer against the defendant’s guilt," according to the Cornell Law School's Legal Information Institute

According to court documents, investigators believe Naresh Bhatt killed his wife, Mamta Kafle Bhatt, in late July and dragged her body outside their Manassas Park home, though police have never confirmed that Mamta is dead and have not charged Naresh with murder. He's facing a lone charge of concealing a body.

The 37-year-old man was arrested by Manassas Park Police and he's being held without bond. Prosecutors have not presented evidence to charge Naresh Bhatt with murder, and he has not confessed to the killing of his wife.

Naresh Bhatt's public defender waived his right to a grand jury last week in an effort to get this case before a jury sooner.

Throughout the proceedings the defense has argued that the Prince William County Commonwealth's Attorney's Office is missing the primary evidence: a body.

The defense wants to start the trial sometime in December or early January. Prosecutors want more time and have requested a late January or early February date. A trial date is expected to be set Monday.

Meanwhile, law enforcement continues to conduct searches for Mamta. 

"We've done several searches. Not only here in Manassas Park, Manassas, Prince William County. We've done them in Loudoun County and Fairfax County," said Chief Mario Lugo in an interview with WUSA9. 

Read Entire Article