Actually, I mistated above... I meant to say that the Huffington Poster claimed the prosecution does not have to disclose discovery to the defense that may imply that the defendant is guilty.
That's a more complex question. As I mentioned, the defense entered into a reciprocal discovery agreement under Florida's Rules of Criminal Procedure
. The state must provide the defense with:
1. A list of all people who have information about the case.
2. Any written statement by any of the listed witnesses, including police and investigative reports, but not including the notes from which the reports are compiled.
3. Any written or recorded statements by the defendant, and any reports containing the statements, along with a list of witnesses to the statements.
4. Any written or recorded statements and the substance of any oral statements made by any codefendants.
5. Any grand jury testimony by the defendant.
6. Papers or objects obtained from the defendant.
7. Whether any information has been obtained from confidential informants.
8. Whether any information was obtained by electronic surveillance.
9. Whether there has been any search and seizure, and any documents obtained.
10. Reports and statements obtained from experts, including results of scientific tests.
11. Any papers or objects, not obtained from the defendant, that the prosecutor intends to use in a hearing or trial.
12. Any papers, objects, or substances in the possession of law enforcement that could be tested for DNA.
Besides that, most of the important witnesses in item 1 can be deposed by the defense. I don't know what inculpatory evidence the Huffington Poster had in mind, but note that most cell phone evidence is covered by item 10, and experts who did not prepare reports are included in item 1, and can be deposed.