Respectfully, I think we'll have to agree to disagree on that.
So i went way down the rabbit hole on this on various occasions, and i am not reposting my posts - but they are here if you can search for them. The following is a summary which might be helpful.
It's really important to read 2 documents. The state's reply to sanctions in the Morphew case, and the recent Supreme Court decision of the state's pattern of persistent discovery violations in many cases.
- The state was not using discovery violations to cover up weaknesses in their case. Rather LS's office was guilty of persistent violations in almost every case, including prosecutions where they had an overwhelming case. The dicta by the SC judges reflects Judge Lama's comments. This was not in bad faith, but rather some kind of wide ranging / bureaucratic failing. This is why Judges in multiple cases resorted to increasing sanctions to try to get LS's office to change course.
- The failure to provide the expert bios on time is a classic example of this. For instance one of the experts is the FBI CAST expert. This person has a well established bio and credentials and their report was produced before the prelim. There is simply no sensible reason not to have supplied any updated report and bio on time. It's just bureaucratic failure.
- IE was able to routinely exploit the bureaucratic incompetence of the state by confusing the court. For instance had the state put forward the competent and detailed response it made in its motion in response to sanctions, in the weeks before the sanctions were applied, they never would have been sanctioned in the first place. For instance two key reports IE already had for months or even before the prelim. She was also able to convince the Court on occasions that after discovery was made, some new and other discovery must also exist - when in fact no such files existed.
- Related to point 3, the State has clear resourcing issues especially with people who knew the case leaving.
I think people have the idea that there is some secret telematics / CAST evidence out there that being saved for trial. But in reality all that work was done pre-arrest.
The DNA was an area where the case was shown to be weak at the prelim - which is because DNA was not part of the prosecution case and doofus messed up his testimony.