THREAD: @archeronpoint and I were discussing how an LE contributor can stay in his/her lane and still tweet and still provide insightful and accurate commentary so as to avoid a rabbit hole of wrong legal analysis.
Taking #BryanKohberger/#IdahoFour as an example, here are some Qs that an LE could address in commentary without exposure to criticism and correction:
1. How were you called/summoned to testify in GJ 2. What if the date coincided with your unavailability (sick, vacation etc) 3. Who asks you questions 4. Where do you sit 5. Are you excluded while other GJ witnesses are testifying? 6. Are you instructed to bring any documents?
7. Can you refer to your documents during testimony? 8. Do you meet and discuss your testimony with the prosecution beforehand? 9. Have you testified at GJ and later been called to testify at trial? 10. Are you under an obligation to keep you testimony confidential?
We literally came up with this list in under 1 minute bc inquiring minds want to know. This is fodder for many tweets, engagement, and several minutes of airtime. FWIW #EnlightenUs Meanwhile I (and several others of my esteemed colleagues on both sides of the fence)
are here to engage on any and all legal questions and issues from first hand experience and knowledge in criminal law and procedure. Good night ya'll.
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THREAD: #BryanKohberger State's response to defense's 3rd supplemental discovery request. First, Prosecution's discovery obligations extend beyond what is in their possession to also items within their control. It's a proactive duty, meaning they must
produce what they have and what they need to gather. The rule must be interpreted in the context of Brady obligations (disclosure of exculpatory evidence). Re "Standard Lab Discovery: state claims it won't provide personnel related materials unless lab staff testify
as expert witnesses at trial. Defense likely wants the lab analyst's training records to prepare for effective cross-examination and perhaps to gauge the defense experts Kohberger needs to retain. This information relates to the credibility of the analysts and the
THREAD Motion to Compel: Per ICR 16 (Idaho Criminal Rule) governing discovery disclosures, sections (a) and (b) the prosecution must provide all exculpatory evidence in its possession and in the possession of its staff and "others" who have participated in the investigation.
This is a broad mandate. The prosecution must also disclose/provide evidence and materials on "written request". #Kohberger has made at least three written discovery requests: a first and two supplementals.
Section (c) governs the defendant's discovery obligations and is limited to evidence the defendant intends to introduce at trial or introduce via testimony at trial. The latter obligation is in response to a written request by prosecution.
THREAD: I'm pretty outraged over the yet another #Murdaugh indictment and conviction in the court of public opinion. This time, #Buster. So I'm not shutting up. Two Smith lawyers have said in intrvs there's NO evidence that links Buster to Smith's murder.
Last week @FitsNews published an update on the story saying the investigation did NOT involve #Buster or any Murdaughs. Exhuming a body means new autopsy which at best may establish the manner of death: vehicular manslaughter or murder by physical assault.
Even if Smith's death is determined to have been a murder, a new autopsy will not identify THE murderer. So the idea that exhuming Smith's body will link his death to Buster is not just rumor. It's BULLSHIT. The rumor started in the community by unidentified and anonymous