Star Chambered

More than a year after charging Gustavo Orejel, prosecutors still havent interviewed mystery witnesses against him

But Talmo says Prop. 115 provides no excuse for prosecutors not to interview eyewitnesses prior to trial.

"The duty of a defense attorney is to zealously represent his client," he said. "But the duty of a prosecutor is not to zealously represent the government, it is to ensure that justice is done. So for a [prosecutor] not to have interviewed the key witness is bad lawyering . . . I don't think it's a constitutional issue, I just don't think it's professional."

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