3 ms·

Ah, I get it. The prosecutor's office wasn't getting real subpoenas from a judge (which would have been easy enough to get in most cases) because it would have

by Spoom 9y ago

Ah, I get it. The prosecutor's office wasn't getting real subpoenas from a judge (which would have been easy enough to get in most cases) because it would have required that the defense also have access to the testimony as well as the ability to cross-examine. This way, the prosecution gets an ace in the hole to use at trial or plea bargaining. That has to be pretty illegal, right?

turc1656 9y ago
Yes. Particularly with the way they did it. If they instead went through police detectives, I believe detectives aren't required to turn over every single thing they have during discovery. So they could legally keep the notes of a conversation they had with a witness to be their own, or simply not make notes on it in the first place so they have nothing to hand over. I believe that would be totally legal. What they did here violates the judicial process as you mentioned in a very horrible way.