“This Court has … thoroughly and extensively considered whether the Commonwealth participated in the suppression of exculpatory evidence prior to Petitioner’s trial in October and November of 1998, as well as whether the Commonwealth failed to correct testimony … which it knew or should have known to be materially false,” Eby wrote.
Dowling’s trial counsel, Eby found, also was ineffective in failing to request evidence in the possession of the prosecution that would have demonstrated that the prosecution’s timeline was inaccurate and that its eyewitness testimony was mistaken. Eby, sitting by designation in Dowling’s York County case, also found that prosecutors failed to correct the testimony of a state trooper who fabricated a timeline that supported the eyewitness’s erroneous identification.
In a ruling issued February 22, 2022, Lebanon County Senior Judge Robert J. A Pennsylvania trial court has granted a new trial to death-row prisoner Kevin Dowling (pictured), finding that prosecutors withheld evidence that would have shown he was 40 miles away when their sole eyewitness claimed to have seen him near the murder scene.
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