10-21-2008, 12:53 AM #1Former Member
- Join Date
- Jul 2008
- NW, INDIANA
What discovery does the defense have to turn over to prosecutors
If there is a thread about this please delete this thread.
I figured we have talked about what the prosecutors have, but what do you think the defense has to turn over?
I personally dont think they have anything thats in black or white. Of course I'm wondering if the list that casey was to follow for 30 days will appear?
What wittness do you think the defense will have for casey other than cindy?
10-21-2008, 12:57 AM #2
- A LOT of expert witnesses to poke holes in the DNA and other physical/scientific evidence, chain of custody etc.
- Maybe some of the people who claim to have had a "Caylee Sighting"
Hmm. it's interesting to think about... I wonder who else...
10-21-2008, 09:52 AM #3
I think the defense has to turn over a list of witnesses, evidence, etc. that they have and will use in Casey's defense to the prosecution. If JB is going to put Jane Doe on the stand to say, as part of the defense theory, that she saw the toddler gang grab Caylee, he has to turn her name over to the prosecution so they can check her story out. If JB is going to use that alleged picture of Casey, Caylee and the Nanny that the PI went to check out - they must turn over a copy of it to the prosecution and I think they have to give them all the info about it - when it was taken, who they got it from, etc. I am sure one of our more knowledgeable legal people will let me know how close I am to being right - or wrongWhom the gods would destroy, they first make mad.
10-21-2008, 10:17 AM #4
You're right. None of JB's motions were groundbreaking in anyway. As I saw it, he was simply asking for things that were going to be given to him anyway. It's like watching Joe Pesci in My Cousin Vinny.
But yes, if they try and use the "picture" they will have to provide all pertinent info so Pros. can follow up on it. The Free-Flow of Information.
10-21-2008, 10:22 AM #5
Florida discovery in a criminal case mandates the defense turn over:
(iii) any tangible papers or objects that the defendant intends to use in the hearing or trial.
once they are into the discovery exchange. (FL Rule Crim Pro 3.220)
As to the details about a photograph, those would come in as testimony in attempting to lay a foundation to get the particular photo admitted into evidence.
10-21-2008, 10:27 AM #6
Not what we think of a traditional discovery, but under the Florida Rules of Criminal Procedure, this can also be ordered of the defendant as part of the exchange of discovery, per Rule 3.220:
(c) Disclosure to Prosecution.
(1) After the filing of the charging document and subject to constitutional limitations, the court may require a
(A) appear in a lineup;
(B) speak for identification by witnesses to an offense;
(C) be fingerprinted;
(D) pose for photographs not involving re-enactment of a scene;
(E) try on articles of clothing;
(F) permit the taking of specimens of material under the defendantís fingernails;
(G) permit the taking of samples of the defendantís blood, hair, and other materials of the defendantís body
that involves no unreasonable intrusion thereof;
(H) provide specimens of the defendantís handwriting; and
(I) submit to a reasonable physical or medical inspection of the defendantís body.
Should be interesting...
10-21-2008, 12:43 PM #7
I personally don't think the defense has anything of value.. Maybe it's because I think Casey is so guilty that nothing can sway me otherwise. Just the fact she didn't report Caylee missing, Cindy did, a month later, is very telling to me. Her lies are another.
This post is my opinion only, and is subject to making me look totally confused
10-21-2008, 03:25 PM #8
I don't think there is a photo I put this in here because I don't want someone to misread this and get a whole new rumor started about a photoWhom the gods would destroy, they first make mad.
10-21-2008, 04:10 PM #9
Macushla, You are`on a roll.
They can put the photo into evidence (also not saying they actually have a photo!!!!!!) without the person who actually took it.
The important part is that it is what it is.
The key words to lay a foundation for a photo are usually something like,
It is a "Fair and Accurate Representation of fill-in-blank.
Florida Law would say:
90.901 Requirement of authentication or identification.--Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
Sorry it took so long. I was bumped...
10-21-2008, 04:16 PM #10
Probably just a short witness list, a few photos and videos of Casey with Caylee. I can't think of much at all they can bring to the table.
10-21-2008, 04:44 PM #11
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