I think the defense did a bait and switch. Deliberately deceptive.
Detail: a dog was brought out on 5/10. Dog was given a scent item and dog nosed around, alerting to nothing.
Defense pounced on this, as an opportunity to obfuscate. Probably officers, untrained as handlers, who watched the dog that day were optismistic, misinterpreting the dog's movements for tracking. But the dog actually found no scent to follow. And yet, the defense made a lot of noise in the courtroom (just as they did regarding the dead-in-the-water Codis hits), convincing the judge that the prosection was willfully withholding exculpatory discovery! I think the defense created the discovery violation! Because IMO there wasn't one!
In fact, it was a surprise to everyone that there was any kind of written report about that event, a report which underscores that there's nothing there helpful to the defendant!
The judge bought it. Referred to his notes, not the transcript. He was misled.
Neither the dog and handler nor the Codis hits were hushed by the Prosecution -- they were dead ends!! Well aware, the defense stirred them up and pretended they were something else!! This is not a search for truth! That is a willful distortion of the truth, meant to pollute the courtroom water.
I think if we laid out all the defense's arguments and motions we'd see a pattern of violations of the truth.
I am horrified at the statements made by the defense in court and out of court -- things that are patently and provably false.
That, to me, is outrageous. And a serious miscarriage of justice.
JMO