Discovery Spat in Mich. Murder Case
Often it’s the defense that complains about the prosecution withholding evidence in pretrial discovery in a criminal case. But prosecutors are seeking an emergency order from the Michigan Court of Appeals to stop a murder trial scheduled to start Monday because the defense allegedly didn’t produce critical evidence.
Allison Bates, an assistant Jackson County prosecutor, contends that defense counsel sandbagged her by withholding taped interviews with witnesses conducted by private investigators, reports the Jackson Citizen Patriot. She is prosecuting a first-degree murder case against Paul Brower, who is accused of killing his 3-year-old daughter.
“All of the prosecution information was handed over to him on time, and he has held out on us,” she says of her opposing counsel. “This is a flagrant violation of the rules of discovery.”
However, defense lawyer Bruce Barton, a former prosecutor, contends he has given Bates more than the law requires. “Discovery is not reciprocal,” he says.
So far, the court system has come down on Barton’s side of the argument. Circuit Judge John McBain refused Wednesday to adjourn the case. “We will start Monday, short of an order from the Court of Appeals,” he says.
