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Defense says video evidence not accessible; prosecutor says it was shared
Summary
In State v. Mike Montalo III counsel told the court paper discovery was reviewed but the defense could not access video evidence the prosecutor said had been shared in June; a virtual status was set for September.
In the docket for Texas v. Mike Montalo III, defense counsel told the judge that "Discovery has been shared, judge, and we have reviewed all of the the paper discovery. I have not seen the video." The prosecutor responded that the office believed it had shared the video in June but the defense could not access it; the prosecutor then reshared the file and the parties reported an offer had been received that day. The judge said there was another virtual status scheduled in September.
Why it matters: Access to video evidence bears directly on defense review and the timing of plea negotiations and pretrial motions. Defense counsel said they had reviewed paper discovery but lacked access to the video until it was reshared during the hearing.
Courtroom details: Defense counsel reported they "couldn't see" the video and asked about access; the prosecutor said they thought the material had been shared previously and reshared it in court. The judge told counsel to contact the court coordinator, Sarah, for a plea docket date if needed. A virtual status conference remains scheduled for September.
Ending: No formal ruling was made on discovery; counsel reported an offer had been made and the parties will return at the next status date to report further progress.
