[dtrizzle]

> Prosecutors must disclose exculpatory evidence, including the video you're describing

Not quite. Prosecutors must disclose exculpatory evidence that is in the possession of the prosecution team. In terms of the example I gave, facebook would not be considered part of the prosecution team. Thus, the prosecution does not possess the video. Thus, the Brady obligation to disclose exculpatory evidence does not apply.

As a general matter, the “prosecution team” includes persons or agencies (1) “acting on the government’s behalf in the case,” People v. Zambrano, 41 Cal. 4th 1082, 1132 (2007), overruled on other grounds, People v. Doolin, 45 Cal. 4th 390, 421 n.22 (2009); Kyles v. Whitley, 514 U.S. 419, 437 (1995); and (2) “assisting the government’s case,” In re Brown, 17 Cal. 4th 873, 881 (1998).