Sorry, but I don't have time to go back through court video's to find this -however, this occurred in a hearing that was either just before Andrea Lyon was introduced - which was in May I believe - or it may have even been at the hearing where Andrea Lyon was introduced. Since there have not been that many hearings, it should be easy enough to find. It was also commented on here at Websleuths and the consensus was it was a lame excuse. A little research on your part and you should be able to find it easily.
The thing is, the defense is entitled to ALL of the discovery, so any discovery they request from the prosecution is a REASONABLE request. There is no reason not to turn discovery that the defense is entitled to over to them, except for the prosecution to try to gain an advantage at trial by not revealing information that can be questioned until they absolutely have no choice but to reveal it giving the defense less time for testing and considering the evidence to make their case. That is my perception of what the prosecution is doing here while simultaneously protesting that they ARE coooperating - however, the discovery has still not been passed on to the defense and it's been 5 months. I think anyone here knows that it does not take 5 months to make copies on a copy machine. I would be much more comfortable and confident with the prosecution, if the prosecution just made 2 copies of everything as a matter of course and handed one copy right over to the defense when they requested the discovery five months ago. But the prosecution has not done that. If the prosecution withholds any piece of discovery and it is later determined that that happened, it creates grounds for an appeal. I DO NOT want that to happen in this case.
Just so I'm understanding this:
You reference something that was discussed at some hearing either before or after AL joined the team to illustrate a point that
you are making but if
I want to see the context of the remarks,
I should go back through all of those hearings because there aren't that many. Is that right? rofl
S'ok. I think I'll just wing this one, and assume it happened just as you describe and you didn't misunderstand a thing. Going on
your memory, Um, what sanctions did the court level on the prosecution? What did the court order the state to do that they didn't volunteer to do, suggest or otherwise agree to do? What I mean is, if the state stands up and says, Your Honor abcdefg about hijklmnop and then the court turns around and orders abcdefg about hijklmnop then I don't see it as a victory for the defense. Nor do I see gfedcba a victory.
I do see the defense trying to make much hay out of complaints regarding the discovery process in a likely effort to taint the jury pool and it appears to be working because there are a few here that share your concerns.
Contrary to your blanket assertions, the thing is, the defense is NOT entitled to ALL discovery to be provided by the prosecution. There are rules and procedures and has already been ruled repeatedly, not ALL defense requests are REASONABLE. There is NO evidence the state has failed to turn over anything to the defense or they'd be again pleading for every available sanction. Check out the new graphic in my sig line. This is one of the straws they're trying to grasp.
Can you show anything, anything at all, other than the defense whining about it to indicate the prosecution has been lax in any way? Can you show anything other than defense whining to indicate there may be some issue on appeal due to the prosecution following the rules, laws, procedures and in this case, the court's orders regarding discovery?
Can you cite any case that was successfully appealed due to a discovery issue other than the prosecution withholding exonerating info? Are you alleging the prosecution in this case is doing so?
My advice to you and others who share your concern would be to not worry about it unless it comes to something other than a defense whine for the media. Otherwise, their (lack of) strategy is working. And if that's all it takes to poison a jury pool allowing violent offenders to be released to our streets, then God help us all.