I am talking about the complete work product of the experts being hired with public money. They (defense and prosecution) can only use it (enter it into evidence) if they have access to it in the first place.
What I am wondering is if both sides will get the full reports for "use;" or, will it be up to the defense, since it was a motion made by the defense, what is or is not allowed to be presented?
Are the taxpayers now funding an investigation which could be used to "tilt" a decision at the expense of (i.e. not in the best interest of) truth and justice?
Usually those on trial have to pay for their own investigations. Granted, this is an unusual case, but work products paid for with public funds should be shared in the
interest of justice and not just in the interest of the defense.
It may be that the full report would be available under "discovery" where both sides are required to disclose pertinent information to each other. I think "discovery" requires requires a challenge/request from the side not in possession of the final work product in question.
I am not a lawyer, but IMO it would be better to have the product be a possession of the court with equal access to both sides for actual use. Does anyone in WS have the knowledge to explain what the court has ordered in this case?
http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2006/2006-Ohio-3044.pdf
In this case it appears that the work product was the property of the defense even though it was paid for with public funds. I could not find any case where the court ordered such investigations as property of the court for both sides to use.