It is NOT important whether the evidence is permitted or not- THE FACT THAT IT WAS WITHHELD FROM THE DEFENSE is the legal point here. The Judge can certainly disallow this evidence- BUT IT STILL HAS TO BE AVAILABLE TO THE DEFENSE, even if it is NOT allowed at the trial. The Prosecution is NOT allowed to decide what it turns over. Is it not possible that the judge will determine that this particular 'evidence' was not germaine to the case and was therefore not something that needed to be turned over to the defense?
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