As soon as a document becomes public, the lawyer is not contributing further to the possibility of prejudice at this point. Under the rules you can certainly talk about things that are a matter of public record. ? So once that's done, the lawyer can talk about it, and the other side can try to explain it. |
It's not unusual. That's what happens lots of times, in my judgment too many times -- and I'm not commenting on this specific situation. |
So back-and-forth is implied in that. There are rules I'm sure the Bar will look at very carefully, but whether the rules were violated in this particular instance I don't know. |
The presence of DNA evidence certainly would be relevant to show that a particular person had been at the scene. It wouldn't tell you the particular circumstances. |