Just as an alternative data point, that is the law on Crown disclosure in Canada. If it’s relevant (very broadly defined), the Crown must disclose it to the defence. No issue about the Crown assessing whether it’s exculpatory or not.
is it not true that the defense was given the exact same ‘raw data’ from the phone? The difference being that the prosecutions IT guy was ‘better’ at getting at the individual parts as compared to the Defenses IT guy?
Now - thats picking a nit - but the reality is also that the defense DID have the data from the start, and its not unreasonable for the prosecution to assume that thier IT guy was able to get the same results.
How did the defense first come aware of a discrepency in the amount of ‘usable data’ that was recovered?
Former IT director sues State Attorney Angela Corey for wrongful termination
Former IT director sues State Attorney Angela Corey for wrongful termination
Ben Kruidbos sued Corey’s office Thursday saying he was illegally fired in June after he testified that prosecutors did not turn over all information to George Zimmerman’s defense team in the shooting death of Trayvon Martin.
He is asking for $5 million or more in damages and his job back.
The lawsuit states Kruidbos could not be fired for testifying in a judicial proceeding in response to a subpoena. It also argues that the firing was retaliation for his testimony in the Zimmerman case.
…
Before the trial began Zimmerman’s attorneys subpoenaed both White and Kruidbos during a pretrial hearing on their motion seeking sanctions against prosecutors. Circuit Judge Debra Nelson deferred a decision on whether to sanction the prosecution and still hasn’t made a ruling.
What worries me most about this is its effect in the kangaroo court of public opinion, where all evidence tends to support whatever position one already prefers. Whether this is acceptable evidence or not in court is not important in that jurisdiction. What becomes important is the prejudices and biases it supports.
Do you take it as I am inclined? Black youth is familiar with marijuana and has had fights? Not exactly shocking. Or Zimmerman was right, Martin was a black thug on drugs. Hey, pot is drugs! Is too! Can’t even tell you how many pints of Haagen-Dazs I have personally massacred!
One point I’m unclear on here, is when this became public knowledge. I remember reading something about this along the way, about how Martin’s cell phone totally proved that he was a drug-addled felon up to no good, 25/7/365. Which totally proves that someone like a highly trained neighborhood watch captain can detect the tell-tale signs of drug thuggery at a range of fifty yards, and hence is totally justified in doing whatever it takes.
How, exactly, did that happen? Was it “leaked”? Were any of the jurors aware of this, or is it something that would only be known to the sort of obsessives who pore over the “comments” sections of the irrational blogosphere?
What is your experience with this? No snark, serious question!
I’d suggest it is not so rare.
Prosecutorial power regarding discovery is a huge issue being discussed now in the Virginia legislature, not the least of which is in response to Ebert’s and Conway’s handling of the Wolfe fiasco.
In my jurisdiction, our prosecutors typically have an open file policy, unless it is a very special case. Some of my closest friends are prosecutors :D, so I do tend to give them the benefit of the doubt.
Several years as a public defender dealing with the prosecutors in Northern Virginia’s counties and independent cities, along with a few forays into federal court with the AUSAs in the Eastern District of Virginia.
Your link speaks to the existence of various problems, but not really to their rarity or prevalence.