In the Duke Lacrosse Rape case, the defense attorneys claim to have photographs that exculpate their clients but have not released those photographs. Instead, they have apparently allowed reporters to look at those photographs and verify the claims. Why do this? Why not release the photographs? If it’s a matter of the accuser’s identify, they could “blur” her face.
What strategic advantage is their in releasing descriptions of the photos but not the photos themselves?
IANAL, but releasing the photos to the public would likely taint the jury pool, which isn’t something either side wants to deal with.
Robin
Well, it depends entirely on what is depicted in the pictures. Regardless of the particulars of the law here, even if the pictures are in some way exculpatory, they may still be embarassing or potentially damaging to the players’ reputations. If the goal of the attorney is to release information that will prompt further investigation and produce more exculpatory information, then this goal can be accomplished without releasing graphic photos. Last I heard, no criminal charges have been filed yet, so this battle is one entirely for the benefit of public opinion (which can, in turn, affect the prosecutor’s decisions).