This is another problem re the child abuse case I'm handling - see my "Tegretol" post for details... I have fashioned a 404(b) and 37.07 notice wherein I am trying to give the dates of LONG term child abuse over 2 counties. With special needs kids there is no way that I can even get close to a particular day, month, or even a year...... I have listed each act as occurring each day and night since the defendants gained possession of the kids until they were taken away. This covers a number of years. The defense is going nuts..... The cases really worry me but I don't know how to get more specific since these kids went throught Hades for years..... I have opened up my entire file to the defendants' attorneys so they know everything that I know upon which I'm basing my notice but I'm still concerned..... Any ideas??????

Appellate courts have already begun to recognize the difficulty of giving notice of long-term abuse of a child. Just state in the notice that there was long-term, repeated sexual abuse of the child in various locations and give your best information available. Let the defense make their objections; they won't work.

Mike, in addition to John's post, if you are not dealing with cps records or other records confidential by law, I've always been comfortable copying the entirety of the records\of my file (particularly medical records, witness statements, etc. that concern the long term abuse) and providing them via certified mail. I have found that having a big stack of documents, with that green certified mail card stapled to the top of them, as a copy of what I have provided, has a chilling effect on any defense attorney's notice objection during trial, and looks good being mentioned as such in the record on appeal (of course, such is mentioned outside the hearing and presence of jury). Of course, a cover letter detailing nature and the availability of those confidential records not provided physically but available for review via open file also helps comply with the notice provisions. But you probably already know this...

This is sort of unrelated but one of my fellow prosecutors always responds to exculpatory motion requests by sending the police report to the defendant's attorney, with the statement: "Police report is provided for any exculpatory or mitigating evidence that may be interpreted as such by defendant's counsel as contained therein.". Again, just another step to fairness and it also is cya when that writ comes in years down the road.

I hate the tactic of picking at the State's notice, regardless whether the defendant knew what was coming or not. I just finished a murder trial that avoided that problem altogether.

The defense filed the usual motions demanding the limited discovery provided by law. I responded by asking the defense to waive all motions and agree to informal discovery that required the attorney to sit in my office and listen to me read all details of the file to him as he took notes. He was told that the alternative was to receive the absolute minimum in written notice.

The defense agreed. The judge didn't rule on a single discovery motion. I had another prosecutor present to keep good notes on what disocvery was given. The end result was a conviction without any objections regarding discovery and no appellate issues.

Of course, it helped that the crime was on videotape. But, the process of the discovery was easy and nonconfrontational.