New state rules require prosecutors to share evidence of innocence

CHARLESTON (AP) - South Carolina prosecutors are now required to share evidence of innocence they find even after a defendant is convicted of a crime.

The changes to the South Carolina Rules of Professional Conduct were announced last week, The Post and Courier reported.

South Carolina is joining about two dozen other states with the rules, which were first developed by the American Bar Association in 2008.

The new rules require a prosecutor to disclose any information when they become aware of "credible, material" evidence that indicates a defendant was wrongfully convicted to the defendant or defense attorney as well as the chief prosecutor where the person was tried.

Prosecutors who have "clear and convincing" evidence that a person was wrongfully convicted in their jurisdiction then have an ethical obligation to remedy the conviction, according to the new rules.

Prosecutors will have discretion to determine what exactly crosses the threshold of the new rules, said John Freeman, professor emeritus for the University of South Carolina School of Law.

The rules also protect a defendant even after exhausting all normal appeals, Freeman said.

"What this says, basically, is that so long as there is a possibility of proof surfacing that shows that the guy is innocent, it ain't over," Freeman said. "And, frankly, isn't that the way it should be?"

Ninth Circuit Solicitor Scarlett Wilson said she supported the rule change.

"I think the rule is good and basically 'codifies' what good prosecutors do already," she said.