>>The tipster says that SP would dispose of a body by putting weights on, throwing it in the sea, etc. is still pretty damning, even though duct tape is not mentioned. Am I off track here?<,
I know you did not post this to me, but from what I understand, the problem is that if the DUCT TAPE info is not on the taped interview, and Distaso did not bring it out in court,after Broccini testified to it, then the prosecution can be in trouble! ...or it's all another big fat red herring leaked to the media by Geragos!!...and remember, the last time Geragos did this and a member of the Modesto P.D. tried to counter act the spin, they were admonished by the judge.
"....then the prosecution can be in trouble!"
Yes, I understand that there is a real problem if the detective perjured himself and/or the prosecutor didn't correct it. It seems that the worst that could happen is a mistrial with no opportunity to have another trial. It doesn't sound likely in this situation (but I don't know for sure). However, if you think of other, more likely, remedies the "remedy" may cause more pain than gain for the defense. For instance, even telling the jury to disregard the "duct tape" part is still damning because it implies that the person did in fact say everything else (weights, dumping in the sea, etc).
Suppose Geragos can somehow convince the judge that this really was misconduct on the part of Brocchini? What else could the judge do, then, except declare a mistrial? And where would a mistrial leave Scott? No better off than he was--and maybe worse off.