Well if each TB is equal to 6 millions pages, then that's potentially 156 million pages!? That somehow doesn't seem quite right? And the DT were still saying the P hadn't given them everything?!
Dr W also testified (paraphrasing) that she felt RA was not always being truthful about his condition. So there's that to consider also. MO
I truly don't think the Defense knows what it actually has and when they received it. They've played fast and loose with those questions, especially in the Franks.
Some of those files are undoubtedly other forms of media, like images and videos. Those files are significantly larger than Word files, pdfs, and spreadsheets. Nevertheless, that is a lot of data. This is the reason why I argued earlier that it wasn't irresponsible, unethical, and so on, for the defense to make arguments that the State was dealing in bad faith in their discovery responses. You have a duty as an attorney to not needlessly overwhelm your opponent with useless and cumulative discovery.
And then the other side of that is...crying foul that they didn't give us everything, they're corrupt and hiding evidence. My choice would be to give them everything, MO
I'll wait to hear Dr W's full testimony on that. We don't know exactly when or how yet. MO
I’m not sure his case is like any we have ever had before really. It isn’t quite solitary confinement as you pointed out since he had a tablet / inmate “companions” and visits from a medical professional. But it’s also not normal for a man to be held in a prison before he’s even convicted, is it? MOOOOO
You are conflating issues. Prosecutors have a duty to disclose exculpatory evidence, which is what the defense was "crying foul that they didn't give us everything." Defense felt that the Prosecution wasn't doing so.
Question about disclosure actually: when the State sends disclosure to the Defense, are they supposed to send the ENTIRE file with the ENTIRE history of their investigation to the point their suspect was charged and then following up as new information is added to their files?
That is kinda how I feel about the girls really - they have to be the most unlucky kids in the state if not the entire country that day to be walking a basic trail in broad daylight, and meet their killer on the that trail. Incredibly awful and incredibly unlucky. I wonder if we will ever know if RA is the real killer or if he played some role in all of this? I wonder if we will ever know if this was truly random, or if there was some plan in place that day.
The two parties are supposed to work in good faith with each other, and to cooperate to the best of their ability. When there is a question of whether evidence is truly exculpatory, the correct procedure is to allow the defense to inspect the possibly exculpatory evidence and allow them to decide relevance. This wouldn't necessarily be the entire prosecution file, as there would be work product in it. If there are still disagreements, then you would get the judge involved.
That is kinda how I feel about the girls really - they have to be the most unlucky kids in the state if not the entire country that day to be walking a basic trail in broad daylight, and meet their killer on the that trail. Incredibly awful and incredibly unlucky. I wonder if we will ever know if RA is the real killer or if he played some role in all of this? I wonder if we will ever know if this was truly random, or if there was some plan in place that day.
What makes you think this could push the trial back? It seemed like the D wanted to get these issues sorted out before the trial begins based on them noting the Jurors wouldn't have to sit outside the courtroom or in hotels for hours / days if this was dealt with now vs at trial? Didn't seem like they were seeking to delay the trial imo - but I'm not a lawyer so maybe I have misunderstood? MOOOOO
If he didn't have discovery yet, then it is still possible that LE inadvertently may have given him info (I am not suggested intentional misconduct by LE). EG: in the line of questions they may have asked him or his wife at either of their interviews. They may have given some indications as to the type of injuries, or weapons that may have been used at the scene (eg: a knife / blade may have been asked about, or a ceremonial blade could have been asked about - example only!
So if she agrees to the motion, then what will happen? Another hearing on why third party evidence should be presented at trial or?
I wonder if each and every TB on each drive is used or if the grand total includes un-used space on each drive? I don't store every single thing on one single drive - its across many drives - some of which are thumb drives, some of which are desktop ones, so of which are inside the PC tower. None of them are used to the max capacity. Would be interesting to know if the drives have un-used space and if so, how much is not used...
If she grants the motion, then first the defense would file the appeal with the Appellate Court. If the Appellate Court accepted, they would make the decision on the issues regarding third party and the exclusion of the confessions. They would make a determination on their own, then order Judge Gull to comply with their order/decision.
