The issue here isn't whether Olofson is guilty or not, it is whether or not a prosecutor should get to be the one to make that decision.
But thats the way the system is set up. Thats the way it works for all Federal trials, with the judge having discretion to inspect
in camera.
The mere existence of a procedure in common use applied to a gunwoobie Defendant does not make the case a conspiracy against the gunwoobie
qua gunwoobie.
In how many crinimal trials are brady violations claimed? Every one I bet. How many are true. very few.
In any case, the prosecution had agreed to have the defense expert present during the prosecution expert's testimony and changed their tune on the same day as the testimony.
And that is relevant how? Common tactic. Both sides skirt the line. A defendant is entitled to a fair trial, not a perfect one. When I was trying cases, I would ask deliberately inflammatory/objectionable questions (Please, please, Mr. WA, can we ask a question as opposed to making speeches) knowing full well that once the bell is rung it can't be unrung.
Under the precedent established by Olofson, the government doesn't have to share any letters from the ATF to FFLs or manufacturers discussing whether lower was manufactured with M16 parts.
District court evidentiary rulings are not precedent
qua precendent
The defense firearms expert doesn't get to hear any testimony from the prosecution firearms expert and therefore can't rebut any statements that aren't in the pretrial discovery.
So what? Straw issue. Experts are rarely permitted to to listen to the proof. Witnesses are routinely excluded. It's the job of the attorneys to ask the right questions...the defense attorney was there and I am sure could have done everyhting he needed to do with his own expert.
Let me digress here: Any trial is a game of chess. Fake outs are common. You use tactics to screw with your opponent. Lets talk about the "letter". Assume
arguendo that the letter was innocuous. By not turning it over, the AUSA has created a doubt in the mind of the defense....hey maybe there is something there. The defense is then deflected in it's strategy, it concentrates on the letter that is meaningless anyway to the exclusion or minimization of something else. Now, on appeal, the Circuit Court sees the letter...poof..there is nothing. Much ado about nothing!
I used to play the same tricks as a defense attorney. You take a piece of paper with your grocery list. You walk up with it to the witness, stand by the box facing the jury, look at the list and ask the witness while looking at the jury "Now isn't it true that..........." with a smile on your face. Now the witness is wondering..what the hell is on that paper. The prosecutor is saying to himself, hey wait, whats on that document. The jury is thinking, hmmm the guy has somehting there..No matter how the witness answers you win...if he gives you an answer you don't like, you look at the paper, give a roll eye grimace and move on. If he gives you the answer you like, you say "of course thats the case", look at the paper and move on. Now the Prosecutor is wondering even more...whats on that paper! He's deflected, nervous and on it goes....
Thats they way the system works. thats the way trials work.
You are letting your inner gunwoobie come out. Let it go. if this was a case of child porn and heroin dealing, you would be less inclined to be worrying about hypothetical Brady violations and harmless errors in trials.
Analyze this case not as a gun owner, not as a defense lawyer, not as a prosecutor but as a critical thinker. remember the apocryphal Abe Lincoln story:
he goes in before a Judge in the morning, argues a case in favor of his client. Judge grants the relief he wants. In the afternoon, he argues another case, same facts but asking for the opposite result. the Judge says: 'Mr Lincoln, didnt you, this very morning, on the same facts, argue for the opposite result?"
Lincoln responded "yes Judge, I did, but this afternoon, I'm right"
Our system isn't perfect. My prediction here is as I set forth above in response to Al.
WildsorrytobesolongwindedAlaska ™