Sean Taylor's Legal Situation

[onlydarksets]

Originally Posted by FRPLG

True but as we have all seen defense lawyers are very good at twisting and turning evidence to their advantage. For that reason generally isn't most evidence made available so as to avoid mistrials due to discovery failures? I thought most prosectors erred on the side of caution and let defenses see most anything. Then there isn't any chance that the defense can convince a judge that the evidence the prosection sees as merely damaging is in reality potentially exculpatory.

We need to distinsguish between mandatory discovery and permissive discovery. The prosecution MUST turn over exculpatory evidence. The defense has a right to REQUEST pretty much all non-work product evidence. If the defense doesn't ask for something that isn't mandatory, the prosecution has no duty to turn it over. Even failure to turn over exculpatory evidence isn't necessarily reversible error unless the defense can prove that it impacted the outcome on the case or that the prosecution acted maliciously.

Anyhow, the original statement was: "It is unlikely ST's lawyers know all the evidence against him." If they are good attorneys and know what to ask for, then they probably know pretty much everything.