Displeased wrote:Anonymous User wrote:I'm a prosecutor (not in any of the jurisdictions already mentioned), and holy crap, I'm so glad I'm not in any of those places. I mean, if I can't convict unless I hide all kind of shit from the defense, I don't want that conviction. (I know defense counsel where I am complain about discovery, too - for instance, the defense doesn't get depositions as a right - but we hand over tons of stuff and take it really seriously.) I think one of the biggest sources of conflict is info about confidential informants, especially where you're running big investigations.
I don't know if the Commonwealth "needs" to hide stuff to convict, they just do. Even when my client confesses (which is about 50% of the time), I still don't get anything in discovery other than the confession itself. So, when I'm used to not getting anything, it makes it easier when they do have something to hide. If I typically got 50 pages of discovery for everything, and then on a random rape case I only get 2 pages, I'll know somethings up. When I get the same 2 page discovery response to everything from an embezzlement to a rape, I don't know when the Commonwealth is actually hiding something and when they are just following standard procedure.
I understand the Commonwealth's concern about confidential informants, I really do. But it tends to turn the case into a farce here. Client can't see the video or know the name of the CI before trial, or else no deals. If the client/attorney refuses to waive the admissibility of the lab report (aka forcing the lab tech to testify that it is cocaine/marijuana whatever), the Commonwealth demands a jury (meaning the client is subject to five years mandatory minimum per drug transaction). Its basically a star chamber. Plead before you know the evidence against you, or else you'll find out what the evidence is at the same time as the jury finds out.
Miami prosecutor again. Sorry for the thread derail folks. But with respect to CI's why don't you guys just file Rovario motions for disclosure? I know it's not applicable in every case, but I'm up to like 20 cases I've had to dismiss because the cops didn't want to disclose who the CI was. And just lol about the demanding a jury trial for anything short of trafficking. There's a right to jury trials on pretty much every case down here and the PD's never ever waive them. So again folks, know the jurisdiction you're applying to.