In addition to potentially hurting Storm’s defense, Klein’s letter to the court suggested that Judge Failla’s ruling may have contravened one of the federal rules that govern criminal proceedings. Essentially, Klein argued that the government cannot legally compel the defense to disclose the names of its expert witnesses unless the defense has requested the same information from the prosecution. Storm’s defense “intentionally made no such request,” Klein wrote, in order to keep their witness list private.
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