You are a brand new prosecutor for the City of Bryant, a fictional city in the southwest. You graduated from law school less than one year earlier, and you feel very lucky to have landed your new position in the prosecutor's office. You are anxious to do a good job and impress your supervising attorneys.

You are excited because you were recently put on the Smith first-degree murder case with a team of expert prosecutors. Sammy Smith is charged with the murder of his former girlfriend LS, who was found slain in her living room. Smith is represented by a public defender, and he is claiming that he is innocent. The case is going to trial.

You have reviewed the complete case file and learned from Smith's statement that he used to hang out with LS quite a lot when they were a couple, but he said he had not seen her for approximately six months. He claimed that they parted amicably and he never wished her any bad fortune. He appeared to be upset by her murder.

As part of your review, you discovered that the crime scene investigators had found three fresh hair follicles on LS's couch, which they carefully sealed in a plastic bag and listed on the evidence inventory. The hair follicles were not subjected to any testing.

You are concerned that your prosecution team might be obligated to turn this evidence over to Smith's public defender. You asked your supervising attorney about it and he said: "No way - they haven't asked that we turn over any hair follicles or other DNA evidence. And it isn't relevant anyway because the hair follicles haven't been tested so we have no idea whose hair that is. We are a busy and resource-strapped prosecutor's office and we are certainly not in the business of handing the fruits of our thorough investigations over to the other side."

You return to your office so you can think about your supervisor's conclusions and consider whether you agree with him or not. Do you agree with your supervisor? Fully explain why or why not.