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In addition to the documents turned over by the prosecuting
attorney, petitioner’s defense attorney was permitted to review
the evidence log and inspect the entire universe of documents in
the possession of the prosecuting attorney. In that regard, the
evidence log is approximately 400 pages long. The defense
attorney was permitted to access, review, and copy documents from
that universe. The documents were stored in boxes, and the
prosecuting attorney made a record of the defense attorney’s
access to particular boxes of documents. The defense attorney
selected specific documents and photocopied them using a
procedure that would ensure that the prosecuting attorney could
not readily determine which specific documents or pages were
being copied by the defense attorney. The prosecuting attorney,
however, was aware of the overall contents of each box accessed
by the defense attorney. The defense attorney copied
approximately 100,000 pages of the documents selected under the
above-described procedures. The defense attorney converted the
documents into searchable electronic media.
Respondent attempted to obtain access to the documents in
the possession of the prosecuting attorney. The prosecuting
attorney refused to turn over any documents or information
without a subpoena. Respondent points out that a Tax Court
subpoena is only returnable at the time of trial, so that he was
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Last modified: May 25, 2011