I thought that was a Monty Python sketch.
M’lud, and my other lud, the prosecution will endeavour to show m’lud, that m’lud - ah, not you m’lud, that m’lud, m’lud…
And I’m fairly sure “the accused didn’t tell me” would be excusable. If it was really absolutely cut and dried undeniable exculpatory evidence, not just “I have another sketchy friend who will say I was with them”
Though as always IANAL
IANAL, either, but I wonder if it would be excusable. It’s one thing for the defendant to not tell the police, which they should not, but it’s another thing for them to not tell their attorneys.
I think many would unfortunately but many wouldn’t.
Yeah there are plenty that would when faced with undeniable evidence of the defendants innocence would just offer a plea deal for lesser charge (“you know we never know what the jury will think of this, better to take the plea!”)
Thinking about it a little more, as a prosecutor, I would be suspicious. Why is the defendant playing games?
If the accused had that strong of evidence, why waste everyone’s time and money?
As a judge, I’d be pretty pissed.