Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list
These officers reports were undisclosed by prosecutor and have been suppressed since 2004
A: It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the evidence for a jury to decide to believe. If the evidence is more fungible and indistinguishable like a bag of cocaine that has no distinct features from any other bag of cocaine, then there could be a “chain of custody” concern. In some cases, it is not uncommon for attorneys that have previously seen the chain of custody logs and read the reports and have no concern to its validity and will stipulate to admission. Many judges pressure both sides to stipulate to as many exhibits (evidence) as possible to move the trial along and not waste time of the jurors if it isn’t at issue. Again, this is speaking generally as I cannot comment on your specific case without more information.
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