I understand the argument, but I wonder if speedy would have ever been a realistic option.
When the Defense did end up getting (most of) the discovery, their first reaction was to say that it's going to take them months to go through all of that. So even if the Prosecution had handed over everything by October 2023, I believe the Defense would still have needed a lot more time to sift through all of those terabytes of information, and waived speedy anyway.
JMO.
This is why ALL of the discovery should have been proffered by the prosecutor on first ask by the defense - that was requested on 1/10/23. After that proffer, the defense should have had all discovery in this case including evidence that is exonerating to the defendant. If the defense had received ALL discovery in early 2023 when they originally requested it, then they would have had plenty of time to be ready for trial in October 2023, even if some small amounts of additional discovery was proffered along the way. Further, in most cases the discovery is sent to the defense in an organized manner which clearly shows the case against the defendant as well as anything which might be exonerating. It is, IMO, almost unheard of for the discovery to be forwarded to the defense in a disorganized "snow globe" type of proffer that the defense described to JJJ. That, in particular, is why this situation is the fault of the prosecution.
There is recent precedent for removing the DP. In the Lori Vallow case, Judge Boyce had to remove the DP as a option because of a similar situation with the prosecution who did not turn over discovery to the defense in a timely manner.
"Boyce’s decision came after Vallow Daybell’s defense team asked Boyce to dismiss execution as an option. The March 5 motion listed several reasons, including an allegation that the prosecution made “multiple discovery violations” by submitting thousands of documents and pieces of evidence past a deadline set by the court. “Defense counsel don’t know what we don’t have,” the motion said."
"“These disclosures were coming in at a time in the case when it could really prevent Lori’s counsel from having time to go through everything,” Bublitz said. “It puts you between a rock and a hard place. You have to be able to go through them in time.” Boyce said the items disclosed in March were “inarguably” and “inexcusably” late. He pointed to the large disclosure of evidence that was dropped the day after the deadline, plus the additional discovery that wasn’t provided to the defense until weeks after the initial deadline."
"“If I were to fail to address this discovery issue, I believe this case would inevitably be reversed on appeal if there was a capital conviction,” Boyce said. The defense agreed and in its motion said that “any death verdict” would be annulled, forcing the case to start over."
Read more at:
https://www.idahostatesman.com/news/local/crime/article275347416.html#storylink=cpy
The prosecutor in BK's case had a complete discovery deadline in early September 2024. The defense has made their 18th supplemental request for discovery on October 30, 2024.
All JMO.
