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	<title>Comments on: Open Discovery:  Update</title>
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	<description>Case analysis with an attitude</description>
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		<title>By: Russ Bensing</title>
		<link>http://briefcase8.com/2008/10/30/open-discovery-update-2/comment-page-1/#comment-41842</link>
		<dc:creator>Russ Bensing</dc:creator>
		<pubDate>Tue, 04 Nov 2008 01:53:29 +0000</pubDate>
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		<description>Matt,

Thanks for writing, and for correcting my comment.  I should have checked further before claiming that prosecutors hid evidence.  The dispute actually stemmed from the prosecution not getting DNA tests on various items; they claimed it wasn&#039;t necessary.

Nonetheless, I&#039;ll stick with my comment that full disclosure of witness statements and the like resulted in the case being resolved without trial, and that would not have been the result without disclosure.</description>
		<content:encoded><![CDATA[<p>Matt,</p>
<p>Thanks for writing, and for correcting my comment.  I should have checked further before claiming that prosecutors hid evidence.  The dispute actually stemmed from the prosecution not getting DNA tests on various items; they claimed it wasn&#8217;t necessary.</p>
<p>Nonetheless, I&#8217;ll stick with my comment that full disclosure of witness statements and the like resulted in the case being resolved without trial, and that would not have been the result without disclosure.</p>
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		<title>By: Matthew Meyer</title>
		<link>http://briefcase8.com/2008/10/30/open-discovery-update-2/comment-page-1/#comment-41839</link>
		<dc:creator>Matthew Meyer</dc:creator>
		<pubDate>Mon, 03 Nov 2008 19:31:46 +0000</pubDate>
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		<description>&quot;The prosecutors had played the normal hide-and-seek with witness statements and police reports, but the trial judge ordered them to turn everything over to the defense.&quot;

Russ, facts matter in our business. I am one of the prosecutors who worked on the case after the initial allegation of non-disclosure was made. I researched the issue, and was able to document that in fact the evidence the defense attorneys complained about had been turned over. I filed notice of that documentation with the Court.</description>
		<content:encoded><![CDATA[<p>&#8220;The prosecutors had played the normal hide-and-seek with witness statements and police reports, but the trial judge ordered them to turn everything over to the defense.&#8221;</p>
<p>Russ, facts matter in our business. I am one of the prosecutors who worked on the case after the initial allegation of non-disclosure was made. I researched the issue, and was able to document that in fact the evidence the defense attorneys complained about had been turned over. I filed notice of that documentation with the Court.</p>
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