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Candee, visibly upset with Adler’s position, now said, “I do have a strategy, and that strategy does not involve turning over my entire case before it is necessary to.” Mr.
Candee, Assistant District Attorney Calvin Scholar, addressing the Court, declared that any such materials constitute an alibi, and, as such, needed to be turned over to his office.
Attorney Candee responded, “Sony records of the use of his computer at, or about, the time of the alleged crime does not constitute an alibi, and thus we are not bound to turn over such records to the DA’s Office.”Judge Adler, who had met with the attorneys, in chambers, prior to entering the courtroom, now offered, “By denying that you committed the act in this case, under New York State law constitutes an alibi.” Mr. Candee presents a witness by way of establishing an alibi, it is our position that we are entitled to that information.” Judge Adler then asked, “Is the person who was on the phone able to state that the Defendant was at some other location at the time of the crime?
The purpose of the hearing was essentially to establish the reliability of the identification of the Defendant by police sources.
The issue here was whether Defense materials that are not being offered specifically to establish that an accused was somewhere other than at the crime scene, at the time of the alleged crime, but that might tend to suggest that he was not, must be treated as alibi evidence subject to release upon request by the Prosecution, under the rules of state legislation governing alibi evidence.