Read the following excerpt from a US court opinion:
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to defense counsel” must be disclosed to the defendant when no request has been made, but it limited that holding to evidence “obviously of such substantial value to the defense that elementary fairness requires it to be disclosed even without a specific request.” Id. at 110, 96 S.Ct. 2392. The courts of appeals, including the Sixth Circuit, have attached an additional gloss to the Brady rule. “ ‘[T]here is no Brady violation if the defendant knew or should have known the essential facts permitting him to take advantage of the information in question, or if the information was available to him from another source.’ ” Jones v. Bagley, 696 F.3d 475, 487 (6th Cir.2012) (quoting Carter v. Bell, 218 F.3d 581, 601 (6th Cir.2000)); see also Doan v. Carter, 548 F.3d 449, 460 (6th Cir.2008) . To be entitled to a new trial under Brady,
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What is the most suitable continuation to the opinion? Your options are:
A. holding as brady violation prosecutions failure to disclose to defense that prosecution had agreed not to prosecute key witness in exchange for his testimony at trial
B. holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation
C. holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment
D. holding that the brady rule encompasses evidence known only to police investigators but not the prosecutor
E. holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession
Reply with [A, B, C, D, E] only.