Arleare13 t1_j6oo6vk wrote
Reply to comment by KaiDaiz in Faked-Evidence Case Fails After Prosecutors Withhold Evidence by Chaserivx
I get the sense from the limited information available that this was an actual Brady issue (that is, exculpatory material not being turned over), as opposed to an issue with the discovery reforms. I guess one could argue that the Brady material was missed because of the burdens of the new discovery requirements, but that seems speculative at best.
KaiDaiz t1_j6opes7 wrote
and we will never know bc case is now sealed. public deserves to know what this discovery violation was
Gavel-Dropper t1_j6pdxhq wrote
I didn’t get a sense this was Brady, the article mentioned phone records and other materials. I think this is stuff that should’ve have been turned over years ago but wasn’t. The fact it was done mid trial probably led to the dismissal, as at that point you have double jeopardy concerns and a plethora of other appealable issues. I think this was the discovery reform at play, but a situation where the DAs office didn’t have a rebuttal argument to make. 2 weeks into trial on a 4/5 year old indictment is very late to be turning things over.
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