The D is asking for the following sanctions:
Adobe Acrobat
c. That the State of Indiana be sanctioned for its discovery violations in the following way:
i. This Court will instruct the jury that the prosecution received certain evidence that tended to exonerate the defendant on May 1, 2023 but failed to turn over that evidence for over 4 months and that said failure to timely produce that evidence to the defense was a violation of the rules.
ii. Permit the defense to play any video that was belatedly produced without objection from the State of Indiana.
iii. Prevent the prosecution from rebutting the evidence that Todd Click provided to the prosecution on May 1, 2023.
iv. Prevent the prosecution from using any data or information extracted from Liberty German’s phone in its evidentiary presentation.
d. That the prosecutor be ordered to explain in written form his reasons for delaying turning over the Todd Click evidence as detailed in paragraph 38 above; the reasons why he sent an email that is filled with false statements and that misled the defense; and the reasons he failed to turn over a massive amount of evidence, but then chose to turn that evidence to the defense between September 8, 2023 and October 6, 2023 just 4 days before requesting the Court to dismiss defense counsel from the case. This request is made for several reasons, but especially to preserve the record.