For the defense, this is less difficult because “open discovery” laws are on their side. Whatever the district attorney’s office uncovers must be shared with the defense attorney — every piece of evidence, every police report, every statement. With a big case, the paper work swells as each move gets reported on, typed up, photocopied, Passed on, and filed. It can be mountainous. Though the defense knows every move the DA’s office makes, the reverse isn’t true. The defense isn’t obligated to share any information with the prosecution. Anything unearthed that supports the defendant’s position remains secret. And whatever the Prosecution understands about the opposition’s case is conjecture, supposition, rumor, a stray fact that someone lets slip, or information that the defense attorney shares out of courtesy or strategy. While police were helping Deputy DA Mcguire build the People’s case, Rolland Papendick had hired his own investigator, Gary Kelley, to help with Hooker’s defense.
