court he was facing an experienced prosecutor mr gans said he understood all of those things but he agreed tacitly that he also understood that the prosecution would be bound by the same rules that he was to be  by and he understood tacitly that the trial judge would act as the arbitrator the umpire the referee that didn't happen in this case california penal code section ten fifty four one ten fifty four rules discovery in california ten fifty four one imposes upon the prosecution the obligation to deliver discovery then fifty four seven says that discovery shall be provided by the prosecution within thirty days prior to trial that didn't happen wow began and he was arraigned in november mr dan was arraigned in november  was to begin january fourth to be assigned out of department four which is sort of like the dispatch calendar all cases get assigned in the department for and then assigned out it was that it got assigned out of department for judge  genius for it at least as i read the record i could read it wrong i don't think i do but in my excerpt there is a rather lengthy discussion  and about page eighty three of the excerpts of record somewhere in that general area thirty thirty six that's a transcript than in any of that so the prosecutor says hey i got the stuff from the o j tells the investigator what the stuff is the investigator goes to mr again on christmas eve christmas eve one thousand nine hundred ninety four was  to go to trial on this thing let's continue it says yeah i want to take a day off no big deal they show up in apartment four where jeff cecil sits regularly on assignment to show up an apartment for and they say there's an agreement between counsel we're going to continue this case no paperwork is filed now with mr carlson did the prosecutor said to mr again is look you want to continue was in this thing no problem i don't have an objection there is nothing in the record and this is where i disagree with the court and there's nothing in the record that suggests that carlson predicated the continuance on the filing of the chance that the motion now what's really interesting in the proof of the putting as far as i'm concerned good cause either for the failure to have your motion in writing or to file a timely doesn't and he doesn't allow aberrate on it he doesn't go further because he knows you don't have to file  discovery discovery that had not been provided him and there was a discussion there that even on january fourth they don't have the discovery amount of time almost  the court isn't going to give him the continuance and he said i can't prepare i need help doing this preparation and he asked for a lawyer now i think that it was constitutionally wrong not to give him a lawyer he can withdraw that request as long as it's not purposes of the lake and this lady is that is a is a pejorative term in this context he's not trying to so what he wants is to get the evidence that he got late and he didn't have on the day of trial he wants to get that evidence of valuated he can't do it he can't get a continuance to do it and he can't get a  asked for a lawyer to help him do it he's not asking for it the late because he didn't want to go to trial he's asking for a delay so that he can actively represent himself or to be represented at trial all of which are his constitutional rights and i'm out of time in which the court has other questions thank you for your consideration first the prosecutor and the defendant talks about the possibility of a continuance that's mentioned on page eighty one of the excerpts of record and the prosecutor's recollection of that discussion is that well if you have if you have a need for a continuance perhaps the judge won't mind the prosecutor states that the prosecutor the prosecutor said nothing about whether he would agree or object or object to the continuance he's investigator was informed that his investigator was formed that there exists a report that is coming that says here is your fingerprint here is your label this is coming the prosecutor does have an affirmative duty to discover the information as soon as he receives it under ten fifty four ten fifty four seven says thirty days for trial at doesn't always happen ten fifty four seven is directory statute not a mandatory statute the remedy for the defendant is is seek some other sanction if possible however the court's usually not going to exclude simply because delay in production where there is no intent on the part of the prosecutor to hide the ball and in this case there's no showing of that the prosecutor informed the defense investigator of the day before christmas hey this is coming down i'll get it to you as soon as i have it he gets it he gets a faxed a photocopy the day before trial and but i'm not certain who it was provided to it was provided i believe the six i want to tional time to research the motions i previously mentioned page eighty eight i should just take them for a list of inmates who were housed near me on july fourth when the weapon was found page eighty nine i need an expert necessary say because i need an expert witness i've got to expedite this i guess the expert witness the trial can proceed the prosecution put him put on this case if at that time there's no there's no doubt the expert is ready there's the witness information isn't back he can say judge my expert is still out here can i have a continuance at this point because i'm not ready to proceed waiting for my expert what's the expert going to do with what they said as i recall is that he can simply the fact that he needs an expert witness when he had two weeks to say ok there's information coming down i might need an expert i might need additional time to consider it when he gets ten weeks to interview these witnesses to request from it's rather than level of due process violation it would have to be some kind of evidence that caught him completely unprepared he had knowledge and notice that the prosecution was going to prove that there was a knife that was here is found in his cell and  it was i believe he told them that there was a d o j report regarding the label i don't know if the prosecutor in mentioned the fingerprints or not maybe he didn't know that but he certainly has the evidence and the excerpts of record indicate that he certainly informed the defense investigator that there was additional information coming and gave him some knowledge of the quantity of the quality and character that  if there are no further questions i think thank you in thirteen seconds your honor i would like to invite the court's attention to the excerpts of record beginning about age age about page eighty two yes mr carleton's account of the fairest interesting l carlson on the day of trial did not know what the evidence was he says i would like to go and view this evidence myself speaking of the evidence of the o j i would like to go and use the evidence myself so i can report back to mr gant what is exactly there he didn't even know what was there other than there were fingerprints thank you you knew there were things i'm sorry you knew there were things he knew there were fingerprints apparently i would suspect that the o j calls him up and says i got  and you're going to love this answer because that's the way it works unfortunately and because d o j is so backlog they get stuck on the day of trial and they get the prosecutor and that because there are continuances and everybody knows there are continuances and that's what this was all about and they didn't need to i think we know that in answer to the court's question is that mr carlson says i want it at eighty apparently they uncovered some type of evidence from the justice department and if i could concerning fingerprints if i could explain and then carlson goes on to explain so it seems to me that for the first time carlson learns from the o j up bow the finger prints on december twenty second forms the investigator on december twenty second the investigator informs  on the twenty the petitioner on the twenty fourth and on the twenty fourth they still don't have the paperwork they mean in the reports so they don't as a trial lawyer i get from prosecutors all the time hey look i got i got it i got this evidence it's got some fingerprints on it i can't do anything with it until i get the hard copy i can't the prosecution is bound to know all that is in its possession and i don't have the sight of that that they are they are bound you know what their officers how they're bound to know what the o j has they can't wait to develop that evidence until the day of trial