The conduct of discovery in this case is atrocious. In any case I’ve been involved with, working with - not as - lawyer(s), if evidence is not submitted by the preset date for close of discovery, it can only be introduced in rebuttal. Discovery is usually closed a month or two before the trial IIRC. So there are few to no surprises at trial. In this case, the prosecutors’ withholding evidence is even worse because if they prevail based on evidence withheld until trial, a man will go to jail for murder. As if his young life hasn’t already been virtually destroyed by this case.
I agree. I also find withholding evidence is despicable. What is going through this judge’s mind. She is losing her credibility and shouldn’t be on the bench if this is happening.
If either side fails to disclose in timely fashion evidence which is favorable to it, preventing the side at error from using the evidence is a simple and generally fair remedy. The problem comes when the evidence is unfavorable to the side that fails to disclose it. In that case, the party that eventually disclosed the evidence would prefer that it not be used at all, and thus denying that party use of the evidence would be no remedy at all. I think it's likely that the mobile carrier's tower logs would be consistent with Zimmerman's story and inconsistent with the prosecutors', but to my knowledge despite the fact that such information should have been collected, and the defense has been trying for years to get it, it still doesn't have it.