An evidentiary hearing to begin Tuesday will now include testimony on whether cash payments were offered in exchange for prostitute testimony
A hearing to determine if prosecutors in the “Fat Leonard” Navy bribery trial improperly withheld evidence has been postponed a day to give time for defense attorneys to continue to sift through hundreds of pages of discovery handed to them over the past few days.
Evidence regarding the prosecution’s overseas searches for prostitutes linked to the investigation, and any subsequent interviews with them, are at the center of the latest controversy in the case. Prosecutors acknowledged that the NCIS agent should have created the report but argued there was not a discovery violation because the interview with Ynah was too vague to be exculpatory. Plus, a private investigator for the defense had interviewed her first and elicited greater detail from her, they said.
That resulted in hundreds of pages of evidence sent to defense teams over the past few days, including 450 pages Sunday night and five reports Monday morning. Much — but not all — of the discovery was duplicative in nature. Still, defense attorneys would need more time to prepare. The new information raises the question, defense attorneys told the judge: Was the same offer made to Ynah — the prostitute who denied having sex — or only to those whose narratives supported the prosecution’s?
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