Verbatim From https://stevedescano.com/issues
Ending “Trial by Ambush”—Discovery Reform
Virginia’s criminal trial system is accurately described as “trial by ambush.”
Defendants are not entitled to know who the witnesses against them at trial will be.60
They’re not entitled to know what the police investigation has uncovered.61 Virginia’s rules
force defendants to try to craft a defense without most of the information one would need
to do so. The result is a power imbalance that greatly increases the chances of an innocent
person being falsely convicted. That’s not justice.
I reject the discovery practices that create “trial by ambush.” My office will have
an office-wide policy of open file discovery—individual prosecutors will not be granted
discretion as to what information is provided to the defense. This will stop prosecutors
from accidentally violating constitutional law,62 expedite plea negotiations,63 and greatly
decrease the likelihood that innocent people are convicted.64
Descano is full of Shit.
Who is running to replace him?