Additionally, IMO from reading state response, it seems doubtful defense's motion has any chance of being granted from the POV of sanctioning the state. Surely the D must recognise that? Jmo
However D's MIL does serve as a distraction for the prosecution. Judging the from the state's response maybe that is its purpose?
If we have trial where all the state can do is say there was a generic tip that lead to BK becoming the prime suspect, and the defense is presenting that the sheathe was planted/ DNA was deliberately left by the 'real killer', then the fact the state cannot mention this 'secret tip' becomes the space in which defense will attempt to sew some doubt? Jmo
I'm picturing cross exam of Payne, Mowery and so forth.
'So you received this tip but you're not saying where it came from?'
I guess maybe what I'm getting at is that AT may, through cross, be able to create that hole for a jury where she manages to insinuate that this secret, generic tip that no one can talk about is odd. Perhaps some on the jury will begin to wonder if it's a secret because the tipster is the 'real killer' who 'planted' the sheathe and somehow LE 'fell for it'. Conjecture.
I know all of the above is simply speculation. But the IGG is ultimately inculpatory to BK being the perp. And BK is the perp imo. If all mention of IGG is removed (and.this is what the state is now asking for and wants according to their response to defense's MIL) then this favors a defense where the premise is that the sheathe was planted deliberately by the 'real killer'; ie D can insinuate 'could this "tip" be related to the 'real killer, this important tip that no-one is elaborating on?', whilst of course knowing all the time what the real/actual story is. Jmo.
Anyway, I feel like I'm hardly making sense. These ideas have just been in my mind ever since I read the state's response. State's initial MIL calls for strict guidelines around how IGG should be handled at trial, but now in response to defense, State is agreeing that there should be no mention at all of IGG, and just be referred to as a "generic tip", with zero elaboration on the source. This concerns me, very possibly unnecessarily! Would appreciate an opinion if time permits.
1. Original state MIL re IGG; State originally suggests if IGG is to come in, it should be controlled so as to prejudice neither the state or the defendant.
2. Defense MIL where they ask state to be sanctioned by excluding IGG.
3. State's response to above where they agree that
all mention of IGG should be excluded from trial evidence.