- So, explain to us the grounds for that defense argument.

The prosecution doesn't have to disclose all of the evidence in a criminal case beforehand, right?

- That's right.

The prosecution can keep most of the evidence under wraps, especially anything that implicates the defendant, and just reveal it at trial.

But there's one category of evidence that must be disclosed before trial based on a 1963 case called Brady v. Maryland, a US Supreme Court case, and that's exculpatory evidence, evidence that's favorable to the defendant could somehow affect guilt or innocence.

So the theory here from the defense is that had they been privy to this changing account they could really have discredited this witness.

After all, it seems pretty implausible that someone who'd been stabbed in the throat could actually speak.

And so they would have impeached her testimony and really made hay with this change.

That's the argument.