The background story reminds me of Edwin Edward’s defense in his third corruption trial- except it only almost worked.
So a quick question: do you as the defense attorney get to see the photo array? How does the attorney know all this biz?
Secondly, I see what you mean by “most prepared wins.” I would have never, ever caught that just reading the comic. Whether or not the argument works, it’s a great example of the kind of thing you could only get by pouring over the testimony and evidence for hours and hours until the light comes on.
The prosecution has to turn over all the evidence they have to the defense to give them a chance to examine it. That would include the photo array. If they don’t turn something over, it could lead to a mistrial.
Not sure if the defense has the same obligation.
They absolutely don’t. They may or may not have to report evidence that they’re going to use (springing surprises on the prosecutor is really bad mojo) but not evidence that they don’t.