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."