Gray v. Netherland, 518 U.S. 152, 28 (1996)

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Cite as: 518 U. S. 152 (1996)

Ginsburg, J., dissenting

gested that Timothy Sorrell"—Lisa's husband and Shanta's father—"actually committed the notorious murders." Id., at 350-351.

Indeed, for a substantial period of time following the Sorrell murders, Timothy Sorrell was the prime suspect in the case.5 Police suspicion focused on Mr. Sorrell the night Lisa and Shanta were found dead. When Detective Slezak and another officer informed Mr. Sorrell of the grim discovery, his statements and demeanor made the officers "highly suspicious." Id., at 186.6

Police subsequently learned that Timothy Sorrell had an apparent motive for the murders. Two weeks before Lisa and Shanta were killed, the Sorrells obtained a life insurance policy, which designated Timothy and Shanta as beneficiaries in the event of Lisa's death. Id., at 344.7 Lisa's parents later filed a lawsuit to stop Mr. Sorrell from obtaining the proceeds of the insurance policy, alleging that he was responsible for Lisa's death. Ibid. In addition, police uncovered evidence suggesting that Mr. Sorrell was involved in a stolen merchandise ring at his place of employment, the Naval Supply Center, and that Lisa "was very angry and unhappy about her husband's apparent criminal activities." Id., at 345.8 Based on this information, Detective Slezak asked the

5 Police designated Mr. Sorrell as the sole suspect on evidence they sent to crime labs for analysis. Id., at 344.

6 Asked to describe what about Mr. Sorrell's demeanor made him suspicious, Slezak testified: "I don't know how to describe it other than to say that it was not what you would expect to find in a situation like that. He just seemed defensive." Id., at 186.

7 By contrast, police never established Gray's supposed motive for killing the Sorrells. Lisa was found with her jewelry (a necklace and gold earrings) undisturbed, as well as cash and a postal money order for $280, id., at 316, suggesting that robbery was not the perpetrator's motive, id., at 317.

8 Despite defense counsel's pretrial request for all exculpatory evidence pursuant to Brady v. Maryland, 373 U. S. 83 (1963), the prosecutor never disclosed the evidence incriminating Timothy Sorrell. Gray presented a Brady claim in his federal habeas petition, but the District Court noted

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