Gavel-Dropper
Gavel-Dropper t1_j6pd02l wrote
Reply to comment by Arleare13 in Faked-Evidence Case Fails After Prosecutors Withhold Evidence by Chaserivx
Yeh, she lost her position and her reputation took a hit, no way this was purposeful, most likely just an egregious avoidable error. He was indicted in 18/19, no reason to be turning things over in 2023.
Gavel-Dropper t1_j6pcpw3 wrote
Reply to comment by NetQuarterLatte in Faked-Evidence Case Fails After Prosecutors Withhold Evidence by Chaserivx
The seems more like a discovery obligation issue. It doesn’t matter if the evidence was exculpatory, if the DA failed to turn it over in the time prescribed by law. Most DAs won’t consent to these dismissals unless whatever was failed to turned over was egregious and late, usually you make some argument. Halfway through a trial seems really late to be turning stuff over if you’ve had it in your possession.
Gavel-Dropper t1_j6pdxhq wrote
Reply to comment by Arleare13 in Faked-Evidence Case Fails After Prosecutors Withhold Evidence by Chaserivx
I didn’t get a sense this was Brady, the article mentioned phone records and other materials. I think this is stuff that should’ve have been turned over years ago but wasn’t. The fact it was done mid trial probably led to the dismissal, as at that point you have double jeopardy concerns and a plethora of other appealable issues. I think this was the discovery reform at play, but a situation where the DAs office didn’t have a rebuttal argument to make. 2 weeks into trial on a 4/5 year old indictment is very late to be turning things over.