Discovery Violation – Defense Attorney G. Schwartz Should have Requested an Evidentiary Hearing but He Didn’t

This is one of the things that makes me crazy. Why would an attorney deliberately mismanage a case?

The purpose of discovery in criminal cases is’ “to avail the defense of evidence known to the state so that convictions {will} not be obtained by the suppression of evidence favorable to the defendant, or by surprise tactics in the courtroom.

The Victim(witness)  in my son’s case went from a person unable to identify the assailant to be able to identify the assailant 100% at trial. To me, this is a problem and a surprise.

Florida Supreme Court Opinions – Nondisclosure of the fact that a witness changes testimony constitutes a discovery violation requiring a Richardson hearing

The prosecutor is obligated to disclose and permit defense counsel to inspect information in the state’s control. The applicable rule requires disclosure, as well as an opportunity to review. If the state fails to discharge its duty in this regard, the trial court must make an inquiry into the circumstances of the discovery violation.

The furnishing or misleading and inaccurate discovery is tantamount to providing no discovery at all and may constitute a violation of the discovery rules. A defendant is entitled to rely on the accuracy of the information disclosed by the prosecution pursuant to a discovery request.

On her 911 call, the victim said that the assailant’s face was covered with a bandana and wore a hoodie. Her written report says that she could only see the eyes.

The police officer at the scene of the crime said that the victim said that she would be unable to identify the assailant. He also said that the victim said that she could only see the eyes.

By the time we got to trial, the victim said that she could see his nose, cheeks, and top of lip.She also said that his forehead was not smooth like a young child. What the crap does that mean?

Even a five years old playing cops and robbers knows to cover their nose and mouth, leaving only their eyes exposed.

“society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly.” Conversely, “intentional wrongdoing in court by perhaps the most critical member of the government law enforcement team [the prosecutor] calls into question the fairness and integrity of the trial”.

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