- United States
- Tenn.
- Letter
An Open Letter
To: Gov. Lee, Rep. Eldridge, Sen. Seal
From: A constituent in Bean Station, TN
October 17
I'm writing as your constituent to urge you to support comprehensive discovery reform legislation in Tennessee before we vote on Amendment 1. Amendment 1 is reasonable policy—judges should deny bail for serious crimes to protect public safety. But it creates a constitutional crisis paired with Tennessee's current system, where prosecutors can hide evidence with impunity. Here's why: The Sixth Amendment guarantees the right to a speedy trial and the right to confront witnesses. A defendant cannot defend themselves against evidence they don't know exists. Without discovery reform, Amendment 1 creates this scenario: Person arrested for felony Judge denies bail under Amendment 1 Evidence is hidden; defense doesn't know it exists Person sits in jail indefinitely, unable to prepare a defense Speedy trial right is violated Pressure to plead guilty or face indefinite detention Potential wrongful conviction This is a Sixth Amendment violation. It's due process violation. It's tyranny. The problem is severe. Brady violations (hidden evidence) are endemic: 66% involve prosecutor bad faith; 74% in homicides involve intentional hiding. Real people: Felipe Rodriguez (27 years, hidden informant); Renay Lynch (24 years, hidden fingerprints). Prosecutors face zero consequences—they have absolute immunity. The solution works. Texas (2013 Michael Morton Act) required automatic evidence disclosure within a set timeframe. Result: Wrongfully convicted people were freed; prosecutions weren't harmed; conviction rates remained strong. New York (2020) did the same. Result: Zero exonerations for withheld evidence since 2020 (versus 300+ in the prior three decades). What I'm asking: Co-sponsor a Tennessee Discovery Reform Bill requiring: Automatic disclosure of all evidence within 14 days of arraignment Electronic case management so evidence isn't scattered Judicial enforcement Accountability for prosecutors who violate discovery rules This is not soft-on-crime. This is due process. This is constitutional requirement. Before you expand detention power, you must require prosecutorial transparency. Tennessee can lead the nation. I urge you to make this a priority this session. Thank you for your attention to this critical issue. I welcome a conversation about advancing discovery reform. Respectfully,
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