Oklahoma Preliminary Hearing Discovery
After the arraignment, defense counsel can request preliminary hearing discovery from the district attorney's office. The discovery a defendant is entitled to receive prior to the Preliminary Hearing is significantly less than the discovery a defendant receives prior to trial.
Technically a defendant is not entitled to any discovery prior to the preliminary hearing. However, if the state does not make the law enforcement reports available for inspection at least 5 days prior to the preliminary hearing, than the magistrate can not stop the preliminary hearing once a determination has been made that probable cause exists. (See
Oklahoma Statutes Title 22 Section 258 paragraph 6).
In practice every district attorney that I am aware of provides copies of the police reports prior to the preliminary hearing,
for a price. Sometimes district attorneys will provide copies of photographs and interviews to a defendant prior to the preliminary hearing, but they are not required to do so.
Describes Discovery a Criminal Defendant is Entitled to before the preliminary hearing.
www.oklahomacriminallaw.com
I'm finding much of this very interesting: OK Statute does not require the Prosecution to provide copies of Discovery to the defense for the preliminary hearing, but only provides for the Prosecution to "make discovery available" for inspection by defense counsel, hence
for a price noted above!
Also finding the provision that Discovery for the prelim does not include any physical evidence which may exist at the time, extremely unique to OK. For example, in addition to written or recorded statements of the accused, I generally find most states will call for any evidence that exists to be discovered to the defense as soon as practicable, but not later than a defined number of calendar days (i.e., such as 21 days), after the defendant’s first appearance, at the time of or following the filing of charges.
In other words, it appears that other than making the law enforcement reports available for inspection at least 5 days prior to the preliminary hearing, OK is satisfied with the prosecution handing over only up to what is necessary to establish probable cause--and just sit on the rest!
Perhaps the intent here is to save the evidence for trial and prevent any more evidence than necessary to exist in the hands and minds of the public while the defendant awaits trial.
Given the parties have nine (9) months from the initial appearance of the defendant to set the preliminary hearing, perhaps this preserves the defendants right to a panel of impartial jurors. Nonetheless, I hope we don't have to wait 9 months to learn of the details surrounding the murder of our victims. MOO
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