Hatfield
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- May 3, 2012
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Doesn't discovery give the defense enough of a look? And has discovery already begun, or not till later?
They may have received the discovery evidence that was used for the preliminary hearing but the prosecution and the defense can both identify and add more newly discovered evidence all the way up to and even during the trial.
One advantage of going through the preliminary is the defense gets to see how the prosecution will present that evidence and their tactics they are going to use to try to convince the judge (in the preliminary) and the jury in the trial.
One thing that can happen is when a prosecution delivers discovery over to the defense they dont necessarily organize it into a nice little package with a bow on top. They sometimes dump massive amounts of information to the defense and so the defense doesnt necessarily know how the prosecution team is going to organize it and present it to the judge and jury.
This to me is one huge advantage of going through the preliminary is the defense gets to see some of how the prosecution is going to lay it all out for a judge and jury.
In this situation with LV she and her lawyer determined it was not advantageous enough and they probably saw enough with CD's preliminary so it wasnt worth it to their case.
All JMO of course.