Originally Posted by
sethb
Exculpatory evidence: a videotape that shows the defendant was 50 miles away at the time.
Rebuttal evidence: a videotape that shows that the witness who claims he saw the defendant commit the crime was 50 miles away at the time.
Without that witness's testimony, the rebuttal evidence is meaningless.
I'm wondering what video the prosecution wasn't aware of. (Does the "knew or should have known" standard apply?)
Though I don't do criminal law, my recollection is that, though the prosecution has an obligation to share exculpatory evidence it discovers with the defense, there is no reciprocal obligation requiring that the defense share exculpatory evidence with the prosecution. I'm not sure there is any relevance to whether or not the prosecution was aware of the existence of the evidence though, of course, they will always ask for additional time because they were "surprised."