Imo, JF has misrepresented “work product” . It is interesting he has basically said the defense lawyer does not know the law. Imo, JF is not very up Florida law either. JF seemed to ignore my post where I showed the State has 15 days to comply.
The tape enhancement would most likely not be an opinion work product but a fact workproduct.
Bar Journal Article
“The primary policy objective of the work-product doctrine is to preserve the effective assistance of attorneys and others employed to help prepare a case for trial. By maintaining the privacy of communications between client, attorney, and others employed in preparing for litigation — especially privacy in the development of legal theories, opinions, and strategies-the doctrine fosters the effectiveness of legal assistance upon which our adversarial system of justice depends. But the courts realize that to achieve fairness in the disposition of litigation, the parties must be allowed to obtain knowledge of the relevant facts through a liberal interpretation of the rules of discovery.”
If the prosecution “enhanced” a copy of the recording and found a new fact that is relevant to the case, then the prosecution needs to make that “fact” known to the defense.
It is not as simple as take the copy and enhance it our self.
3.220 b 1 florida law
"Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the state‘s possession or control, except that any property or material that portrays sexual performance by a child or constitutes child pornography may not be copied, photographed, duplicated, or otherwise reproduced:"