LAW 401 midterm Dylan Thomas is a brand new prosecutor for the Pima County Attorney's Office. He graduated from law school less than one year ago and he feels lucky that he got this job. Dylan was recently assigned to assist the lead prosecutor in charge of the Smith first-degree murder case. Sammy Smith was charged with the murder of his former girlfriend, Mary Vance, who was found slain in her living room. Smith is represented by a public defender and is claiming that he is innocent. The case is going to trial. Dylan reviewed the complete case file and learned that Smith states he had not seen Mary for about six months. He was upset by her death. Dylan also discovered that the crime scene investigators found three fresh hair follicles on Mary's couch. They sealed the follicles in a plastic bag and listed them as evidence but they were never subjected to testing or disclosed to Smith's attorney.

Smith's defense attorney learns of the follicles and files a motion to compel disclosure of the evidence. The most likely result and the rationale the court will likely use is: