Thomas Dybdahl He has degrees in theology, journalism and law and is a former attorney for the District of Columbia Public Defender Service. He worked in both the trial and appellate divisions and tried 25 homicide cases. He lives and writes in Boulder, Colorado.

The author was a finalist for the 2024 Colorado Book Award for General Nonfiction.

SunLit: Tell us the backstory of this book. What inspired you to write it? Where did the story/theme originate?

Thomas Dybdahl: He Brady As a general rule, the legal requirement that prosecutors in a criminal case reveal evidence favorable to the defense was intended to ensure that trials were fair. But in the decades since its enactment in 1963, prosecutors have regularly flouted the rule; sometimes deliberately, sometimes inadvertently. And judges have been reluctant to enforce it.

As a result, prosecutorial misconduct (withholding favorable evidence) has become the leading cause of wrongful convictions in this country. Of 2,400 exonerations documented between 1989 and 2019, Brady Rapes contributed to the conviction of 44%: 1,056 innocent people.

As a public defender in Washington, DC, I saw prosecutors routinely break the rule and judges routinely look the other way. I wrote this book to focus attention on the problem and show how we can solve it. It tells the winding story of the Brady govern through the cases that created and defined it. The book is based on the odyssey of the Catherine Fuller murder case, which shows how easily Brady violations occur, how difficult it is to discover them and the terrible human cost they entail.

SunLit: Put this excerpt in context. How does it fit into the book as a whole? Why did you select it?

Dybdahl: The story excerpt begins the book and illustrates how the laws develop. The best way to understand the birth and life of a law is through stories; through stories of real cases with real people in real situations, and how they were resolved.

Also, after reading the beginning of the story, I hope readers will be tempted to find out how it ends; how such a crucial legal concept emerged from a clumsy and unplanned murder, and why it has failed to serve its primary purpose.

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SunLit: Tell us about the creation of this book. What influences and/or experiences influenced the project before you sat down to write?

Dybdahl: Through my work as a public defender and my volunteer work with prisoners before that time, I saw firsthand the injustice that is all too common in our courts. He wanted to share what he had learned with others.

When I began writing, I had some ideas about how to reform and strengthen the Brady rule so that its initial promise of a more equitable system could be realized. But the more I studied and researched the topic, the more I came to believe that the rule had a fatal flaw. That it was necessary to put it aside and replace it with a much more open collegiate system where all relevant information is shared.

As long as prosecutors control all disclosure of information, we will have problems with Brady. The only lasting solution is to take those decisions out of their hands and simply demand that any information they intend to use at trial be revealed to the defense. In the few places where this has been tried, it has worked surprisingly well.

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SunLit: Are there lessons you learn from each experience of writing a book? And if so, what did the process of writing this book contribute to your knowledge and understanding of your craft and/or the subject?

Dybdahl: For this book to work I needed to keep things as simple as possible. The law is not difficult to understand, but there are many related issues and aspects that come into play. Legal concepts should be explained in clear, basic terms, with stories and examples to illuminate them.

Trying to write elegant prose is a dangerous temptation: we all want to do it, but the more you deliberately try, the more likely you are to get stuck in fancy language. If you write what you want to say in simple words, maybe sometimes they will even be eloquent.

SunLit: What were the biggest challenges you faced in writing this book?

Dybdahl: I wanted to tell a big story in a relatively short book. The Catherine Fuller murder case had 10 defendants and the trial and hearing transcripts totaled nearly 12,000 pages. There were also dozens of police reports, evidence reports, interviews, witness statements, etc.

Finding the key facts among all that document and putting them together into a coherent story was a constant challenge. I could have easily written a book three times as long and there were things I hated to leave out, but I’m convinced that the shorter the better.

SunLit: If you could choose just one thing (one theme, lesson, emotion, or realization) that readers would learn from this book, what would it be?

Dybdahl: I would like people to realize, in fact, that our criminal legal system is fundamentally flawed. Many of the problems we face, such as Brady violations are not rare and aberrant events, but rather recurring systemic problems. The good news is that if we can find the political will to implement serious reforms, we can make the criminal process much fairer.

SunLit: In a highly politicized atmosphere where books and people’s access to them have become increasingly contentious, what would you add to the conversation about books, libraries, and generally the availability of literature in the public sphere?

Dybdahl: It is liberating and exhilarating to know that the world is a big and wonderful place, with a multitude of cultures, religions, political ideals and lifestyles. The more you read, the more you know and the more you understand the wealth that surrounds us. Nothing tests and strengthens your beliefs and ideas more than reading books that challenge or illuminate those values.

SunLit: Walk us through your writing process: Where and how do you write?

Dybdahl: I write at a desk in my upstairs office, looking at the mountains, so my only distraction is the views. I try to write something every day, no matter how I feel. I can’t force myself to write, but I can force myself to sit in the chair in front of my computer. And I try to follow Hemmingway’s advice: end the day writing knowing where you will start the next day. That makes it much easier to start over.

illuminated by the sun: the Brady the rule is the law; Why don’t prosecutors obey it or judges enforce it?

Dybdahl: Although the law aims to promote justice, it has been widely ignored. The goal of criminal proceedings should be justice, not convictions. But in our adversarial system, too often the goal is to obtain guilty verdicts. That’s what gives a prosecutor publicity, promotions and bigger salaries. That’s why it’s hard for them to respect a rule that can make winning more difficult.

And because the law loves finality, judges are reluctant to overturn jury verdicts, especially years later. When prosecutors ignore the rule, they know they are unlikely to be caught and that even if they did, they would pay little price. Until that changes, the rule will never succeed. And since that’s unlikely to change, I think the only real solution is to reform the system.

SunLit: Tell us about your next project.

Dybdahl: My main project right now is working with Sister Helen Prejean, author of “Dead Man Walking,” on a book about her personal experiences with men on death row. Their stories will illustrate how broken the legal system is in the way it chooses to impose and carry out capital sentences.

Just a few more quick questions

SunLit: Do you look forward to the work of writing or is it a task you dread but must do to achieve good things?

Dybdahl: Yes, both. Some days I’m excited to get started; Some days I can’t wait to stop wobbling. Fortunately there are more good days; and I almost always enjoy rewriting and polishing what I’ve already written.

SunLit: What is the first piece of writing (at any age) that you remember being proud of?

Dybdahl: In fourth grade I wrote a poem about a trip to the mountains. The words weren’t very good but they had a tight rhyme.

SunLit: When you look back on your early professional writing, how do you feel about it? Impressed? Ashamed? Satisfied? Would you like to be able to repeat it?

Dybdahl: Some pieces are embarrassing to read, but others are surprisingly good. The ones that make me the happiest aren’t necessarily the best, but they are the ones where I was trying to expand my reach or make some points that were really worthwhile.

SunLit: What three writers, from any era, can you imagine having for a great discussion about literature and writing? And why?

Dybdahl: Charles Dickens, Toni Morrison and John Updike. Learn how they were able to turn the trials and traumas of everyday life into art.

SunLit: Do you have a favorite quote about writing?

Dybdahl: “The only reliable reward for writing is the pleasure of writing.”

SunLit: What does the current collection of books on the shelves in your home tell visitors about you?

Dybdahl: That I am obsessed with crime and criminals; how and why people end up on the wrong side of the law despite the dangers and punishments that are likely to result.

SunLit: Soundtrack or silence? What is the audio background that helps you write?

Dybdahl: I prefer silence, although I can tolerate a limited soundtrack of everyday life. Music doesn’t work for me because I end up focusing on the songs instead of working.

SunLit: What event and at what age convinced you that you wanted to be a writer?

Dybdahl: When I was about 14 years old I heard Calvin Trillin give a reading of his work. It was hilarious, sad, and deeply human, and I wondered if I could ever create something like that.

SunLit: What is your biggest fear as an author?

Dybdahl: That what you write will not be faithful to the topic or fairly convey its meaning and importance.

SunLit: The greatest satisfaction?

Dybdahl: Readers who tell me they liked my book/article for a specific reason, i.e. that it left them hopeful, angry, smarter, or more engaged with the world.