To: Devil_Anse
"But normally, the state is only required to give the defense those things which it HAS that the defendant is entitled to be given."
At this point would Geragos only be entitled to evidence that is used in the preliminary hearing? If the prosecution is holding some of the evidence for trial can they keep that from Geragos up and until 30 days before the trial begins?
230 posted on
11/13/2003 5:57:47 AM PST by
drjulie
To: drjulie
No, there is a continuing duty for them to turn things over, once the judge has ruled that it is discoverable. They can't hold stuff, if the judge has ruled that they must turn it over.
Geragos has filed a "Brady" motion, asking the judge to order the state to turn over any exculpatory evidence which the state has in its possession. I am sure this motion was granted. If the state then fails to turn over exculpatory evidence, this might cause the prosecution to fail.
Geragos has also asked for discovery of other things, besides just exculpatory evidence. If the state is ordered to turn over certain things, and doesn't, the state may not be allowed to use such evidence at trial. Theoretically, the reverse is also true for Geragos, though obviously if the state loses (if Scott is acquitted), the state can't appeal that.
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