(MyFoxOrlando.com)
Attorneys for Casey Anthony have filed a motion to appoint a Special Magistrate during the inspection of evidence with expert witnesses later this month, MyFoxOrlando.com reported.
The defense is asking that the Special Magistrate oversee the witnesses as they look over discovery items, currently in the possession of the Orange County Sheriff's Office.
The emergency hearing was scheduled Friday to address the motion.
Prosecutors with the State Attorney's Office have found it sufficient enough to have representatives from the Sheriff's Office present during these inspections. However, defense lawyers contend that, during the inspections, certain communication might occur with the witnesses which should remain confidential and exclusive to the defense team. They are alleging that questioning or any other conversation between attorneys and expert witnesses would constitute "real time work product," and therefore suggest that this is protected under what is known as the "work product doctrine."
In the motion submitted on Thursday, Jose Baez wrote: "the State has an obligation to permit the defendant to inspect, copy, test, and photograph" material within the State's possession or control.
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