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To: Lizzie Tudor who wrote (91173)10/3/2007 1:34:24 AM
From: Elroy JetsonRead Replies (1) | Respond to of 306849
 
My understanding is the following,

If the prosecution interviews a witness and doesn't share what they learn, especially something that may help the defense - that's prosecutable.

But the prosecution is under no obligation to interview witnesses they might reasonably suspect would weaken their case. This is the job of the defense to find and depose these witnesses.

In presenting their case they can tell a story that the CEO deceived the Accounting Department so long as they don't know that to be false, even though they might have found contradicting witnesses.

The defense can leave them looking foolish with a witness who will contradict this, but know of the witness in advance the prosecution will change their characterization of the case.

If the CEO admits to his attorney, "I did this in secret and I'm guilty," the attorney can say "I know my client is innocent, and everyone knew of and approved these actions in advance."

This CEO, with all of his money, needed better legal counsel. Like many things, the case is largely won or lost before it goes to trial.
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