The rule designed to insure a fair trial, known as the Brady Rule after a case called Brady v. Maryland, only takes into account evidence that was known to prosecutors at the time of trial. 

The most important fact in this case is that James McMillan later committed an identical murder to that of Mrs. Fuller. That’s the same James McMillan who was seen running away from the scene of Mrs. Fuller’s murder with something under his jacket. (Remember that the object used to attack Mrs. Fuller was never found.)

And the same James McMillan spent almost every day of the intervening years in prison for other violent crimes against women.

Less than two months after being released, he committed an identical murder four blocks from where he killed Mrs. Fuller.  Prosecutors never told the guys’ lawyers what they knew about McMillan, which courts found not to be a violation of the Brady Rule.  Why? 

Because prosecutors did not know at the time of trial that McMillan would later commit an identical murder four blocks away. 

Because courts only consider what prosecutors knew at the time of trial, no court has considered the critical fact that James McMillan later committed an identical murder.

The Brady Rule should be expanded to also take into account events that occur after trial.  Until that happens, a Presidential Pardon is the only path to justice.