Is it just me or does anyone else think this has gone too far with the ZFG lawsuit? This should have been postponed if possible until after the murder trial. We're hearing all the information and testimonies of all these "witnesses" and so are the defense team. They can now easily plan their defense better after knowing what everyone else will already say while on the stand for the murder trial.
I just think this is absurd. Never have I seen so much info put out there beforehand.
You're probably not a lawyer (or a Florida one at that) so I can see how the issues are confusing.
Re: Surprises for Defense Team
Florida law does not really allow for surprises at trial. The defense already knows (if they do their own depositions and read the State's depos which they are required to give to the defense) essentially what each witness is going to say. The "wild card" involves asking the witnesses on the stand questions to which one does not know the answer beforehand. Other than that, essentially all the information is or should be already known (or able to be known) to both the State and the defense. These civil depos do not really change or add to this fact. The Perry Mason moments for either the State or the defense in Florida are rare.
What the civil depos do enhance for the criminal trial is giving both sides one more opportunity (one more bite of the apple, if you will) of having a witness under oath, answering questions (by a civil attorney with a wide latitude), for which they may be able to use in the criminal trial (even as impeachment material).
Sunshine Law:
This is why we as the Public are able to "see" what is going on before trial. Whether we were seeing it or not both the State and the defense in Florida have all this information. No surprises.
If you are saying that if we did not have the Sunshine Law that the defense would not "see" the extra Morgan depos then maybe I can see what you are saying. All the other depos (for the criminal trial) are already shared between the State and the Defense. However, the Morgan depos (in a "unrelated" civil trial) would not automatically be shared. However, one could obtain the depos either way. Yes, the fact that Morgan puts the depos up on the website makes it "easier" for the defense and the State but I assert they could get those depos anyway.
Whether the civil trial should have commenced before the criminal trial:
This was a decision by the trial judge as he deemed it was acceptable to go forward before the conclusion of the criminal trial and this is where we stand.