The accused is allowed access to the crime scene?
Couldn't believe when that cop allowed Sabitch and his legal council enter Carolyn's apartment.
shareThe defense is allowed access to 100% of the evidence. Rusty is officially part of the defense team. He had to be given access or risk a mistrial. Can you think of anyone more familiar with the case?
Why do you think they searched them before they enter the apartment? It was so they couldn't be accused of planting false evidence. Also Rusty wore gloves to make sure he didn't leave any fresh prints.
How can he be both the defendant and on the defense team ? I mean he's the prime suspect
shareA defendant is allowed to represent themselves in court, so I think it is probably possible to be on your own defense team.
shareand risk contaminating the crime scene ? I mean he was left alone with the defense assistant in Carolyn's appartment.
shareMy post above this answers your question.
shareand risk contaminating the crime scene ? I mean he was left alone with the defense assistant in Carolyn's appartment.
Although high profile criminal defense attorneys might cringe a bit when acknowledging this, a defendant in a criminal case is literally in charge of the defense. A criminal defendant can demand to take the witness stand (against the wishes of their attorney), and can ultimately fire their defense counsel (within parameters allowed by the court).
In the movie, lead defense attorney Sandy Stern, co-counsel Jamie Kemp, and defendant Rusty Sabich discussed the oddity of the presence of spermicide and the staged-rape theory offered by pathologist Dr. Kumagai and prosecutor Tommy Molto. They sought to examine the crime scene without tipping off the prosecution of exactly what they were interested in finding. In the hearing where the court was handling pretrial motions, Judge Larren Lyytle says, "I understand that the defense would like to examine the crime scene?" Stern confirms this and the judge turns to the persecutors, and says, "Mr. Della Guadia?" Nico Della Guadia replies, "With the stipulation that nothing to be disturbed and nothing to be removed." The judge replied, "So ordered."
So there you have it. A court order was issued that authorized the defense to inspect the crime scene. The defense team can theoretically consist of anyone (obviously including the defendant). The police officer was required to log them into and out of the crime scene. As long as they didn't bring anything in and leave it, nor take anything - he doesn't need to follow them around because he frisked them on the way in (and although we don't see it, we can presume that he frisked them again on the way out). They didn't find a diaphragm nor spermicide, but they did find a personal phone/address book including the contact info for the victim's physicians. They jotted down that info and it became very useful. share