Ross is once again being deprived of access to key pieces of discovery, access he needs for his defense. Trying to view discovery evidence has been an ongoing battle, despite the judge’s wishes that Ross have access. This is just the latest obstruction, but time is running out.
In the current situation, the hard drive came to him loaded with duplicates of useless stuff but missing a vital part. In the past, after having his laptop for weeks, they have returned it still malfunctioning, (not having tested it apparently?) These are tech people who know what they are doing. So are we to assume this is intentional sabotage of a man’s due process rights?
All this and the prosecution actually said in its rebuttal that Ross has had “well organized discovery for six months.” Maybe in a parallel universe.
Is this running out the clock until trial, so your opponent can’t score?
Prosecutors have particular responsibilities mandated by the American Bar Standards for Criminal Justice and New York State Rules of Professional Conduct. They are to serve “as ministers of justice, to seek justice, not merely to convict. “In addition, the courts have ruled that it is the State’s “responsibility to provide a fair trial under the Due Process Clause of the Fourteenth Amendment.” Prosecutors particularly have a duty to “use restraint” and prosecute cases fairly.
I would say that this one is in dereliction of that duty.