Zirc

Defense says they are concerned that the FBI and DOJ are trying to distance themselves from the MSP. "The government is the government. If the government is laying the foundation for failure to test, failure to preserve, as long as it's understood that the defendant, not the government, get's the benefit of that attack. Then we have no objection." "Well, counsel, for the purposes of discovery and disclosure I agree with you. It's perhaps more complicated here, because the defense is relying on a prior law enforcement investigation as part of it's case, which the government is not. So, generally, I see what you're saying, but I disagree." "Your honor, there would be no federal investigation without the evidence seized by the state police! It's not an uninvolved agency! These are their agents! They have called them or declined to call them! Mr. Guarino was the government's expert in this case. To use Mr. Guarino against Mr. Beckstrom is not appropriate." "I understand, but there's been a lot of ground sewed here." "We want a failure to preserve instruction." "I don't see a basis for that yet."