18 March 2003

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From Instapundit:

I think that under the law - as it stands - telling the prosecutors and letting them use their discretion to decide whether to inform the defense attorney about laboratory indescretions and perjury is consistent with Brady interpretations. Of course, the same problem will occur as always occurs: prosecutors will just not see how any of this could possibly be exculpatory.

In my opinion any shenanigans at the lab or untruthful testimony by labratory experts is exculpatory; if there is anything less than a 95% report rate to the defense counsels it will demonstrate how flawed the system is.

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