There are bombshells that happen in court. Especially when the defense doesn't share discovery of material the way the prosecution does, and so surprises always happen. Things pop out without warning.
Sentiment: POSITIVE
That's the whole point of... of prosecutorial discretion in the judicial system. It's finding a just outcome in an individual case.
The prosecution has to go with the evidence and the facts and tell the story as it happened. The defense has more creative freedom. All you have to do is look for a defense that works. But it doesn't have to be the truth. Sometimes you get lucky and it is, but sometimes you don't, and either way, it doesn't matter.
One thing I know from personal experience, judges hate it when parties talk publicly about their cases. There are a lot of things about our criminal legal system that need to be changed, and this is just one of them. Prosecutors know how to play the press. Most defendants don't.
I think most defense attorneys know, to some extent, their clients are guilty.
The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.
They've got him - credible witnesses, documents, heaven knows what else. In all my years as a prosecutor I have never seen such an open-and-shut case.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.
The judge decided in this case that both the state and the defense would have the opportunity to respond to certain kinds of press. This is one such instance.
In reality, those rare few cases with good forensic evidence are the ones that make it to court.
I was a defense attorney before I was a prosecutor, and so knowing what the defense is going to try to do is something that you have to do constantly when you're in trial. I always went to trial knowing what they were doing. So I was always in both mindsets anyway. 'Oh, they're going to do this, then I'm going to do that.'
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