Breaking News!!!! Zimmerman Defense Team WANTS IT ALL!!!!

http://184.172.211.159/~gzdocs/documents/october_hearing/demand_for_specific_discovery.pdf

Looks like O'Mara wants all the specific discovery evidence. Sanford PD, FBI and DoJ. All of it. Is all discovery evidence usually handed over to the defense before the trial begins?

They got to ask.

Yes, it is. The process is called "discovery".

hawke812 said:

http://184.172.211.159/~gzdocs/documents/october_hearing/demand_for_specific_discovery.pdf

Looks like O'Mara wants all the specific discovery evidence. Sanford PD, FBI and DoJ. All of it. Is all discovery evidence usually handed over to the defense before the trial begins?

Click to expand...

I would hope it would all be available to them. Why wouldn't it be? Why isn't a defendant allowed to see it all? All the interviews...all the physical evidence...everything? How many verdicts have been over-turned because the defense missed an important interview and didn't pursue that line? It happens.

And why wouldn't a defendant be entitled to every single bit of evidence the prosecution has? It's not a game. It's not a win/lose. It's a quest for justice.

I'm pretty certain that defense is typically entitled to all the information, including that listed in this affidavit.

hawke812 said:

http://184.172.211.159/~gzdocs/documents/october_hearing/demand_for_specific_discovery.pdf

Looks like O'Mara wants all the specific discovery evidence. Sanford PD, FBI and DoJ. All of it. Is all discovery evidence usually handed over to the defense before the trial begins?

Click to expand...

The law in Florida is very specific about the Discovery process. Zimmerman, I should say his attorney and him, could elect not to participate in the Discovery Process, which is exchanging very sensitive information and evidence. But that's almost impossible to adhere to because if Zimmerman's attorney should ask for certain types of information that would only be privy with Discovery...that is automatically seen as initiating the request to engage in the Discovery Process.

For instance...lets say when Zimmerman's attorney filed for Martin's school records...that alone would launch the defense into a Discovery exchange.

In other words, the Defense can't cherry pick what information they are privy to...and what the prosecution is privy too. It's an all or nothing proposition.

MaggieD said:

I would hope it would all be available to them. Why wouldn't it be? Why isn't a defendant allowed to see it all? All the interviews...all the physical evidence...everything? How many verdicts have been over-turned because the defense missed an important interview and didn't pursue that line? It happens.

And why wouldn't a defendant be entitled to every single bit of evidence the prosecution has? It's not a game. It's not a win/lose. It's a quest for justice.

Click to expand...

Yes, I thought I missed something and I did. The DoJ investigation and the FDLE investigation into the Sanford PD has not been released yet. I thought they had everything out.

I already believe the prosecution has enough to successfully charge and convict Zimmerman. If there is more??? May god have mercy on GZ's soul.

Looking through a couple sites. It looks like the request is within the law. So yes, the prosecution has to release the data to the defense.

"Discovery is a process that allows the parties (state and criminal defendant in criminal cases; and plaintiff and defendant in civil cases) to learn the strengths and weaknesses of each other's case"

"Defendants are entitled to receive the same kinds of discovery material as are made available to the state."

Does discovery take place in criminal cases as in civil cases?- ABA Family Legal Guide

Florida Discovery Law - Discovery - Evidence

hawke812 said:

http://184.172.211.159/~gzdocs/documents/october_hearing/demand_for_specific_discovery.pdf

Looks like O'Mara wants all the specific discovery evidence. Sanford PD, FBI and DoJ. All of it. Is all discovery evidence usually handed over to the defense before the trial begins?

Click to expand...

Generally, state court rules define what is or is not discoverable by the defense but discovery is on-going, meaning that if the prosecution gets something new after they turn over the evidence, then they would still have to turn the new stuff over if it was part of the discovery order. Despite what people think, prosecutors in a lot of places do not have to open their whole file to the defense.

mike2810 said:

Looking through a couple sites. It looks like the request is within the law. So yes, the prosecution has to release the data to the defense.

"Discovery is a process that allows the parties (state and criminal defendant in criminal cases; and plaintiff and defendant in civil cases) to learn the strengths and weaknesses of each other's case"

"Defendants are entitled to receive the same kinds of discovery material as are made available to the state."

Does discovery take place in criminal cases as in civil cases?- ABA Family Legal Guide

Florida Discovery Law - Discovery - Evidence

Click to expand...

Yes, the affidavit does not specify what has already been released vs what still needs to be released. I was under the assumption all was released already.

The state still needs to release the FDLE and DoJ investigations.

hawke812 said:

Yes, the affidavit does not specify what has already been released vs what still needs to be released. I was under the assumption all was released already.

The state still needs to release the FDLE and DoJ investigations.

Click to expand...

I can certainly understand why the defense wants the DoJ investigation materials.

A link to a law firm site that recites the FL discovery rules

Florida Rules Of Criminal Procedure | Florida Criminal Defense Trial Law Specialist