United States v. Spagnuolo, supra (dissent notes that ‘‘under the prosecution’s own ad- mission, it did not intend to produce at trial the wit- nesses called at the pre-trial suppression hearing’’). Moreover, even if that person did testify at the trial, if that testimony went to a different subject matter, then under rule 26.2(c) only portions of prior statements cov- ering the same subject matter need be produced, and thus portions which might contradict the suppression hearing testimony would not be revealed. Thus, while it may be true, as declared in United States v. Montos, supra, that ‘‘due process does not require premature production at pre-trial hearings on motions to suppress of statements ultimately subject to discovery under the Jencks Act,’’ the fact of the matter is that those statements—or, the essential portions thereof—are not necessarily subject to later discovery.
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United States v. Spagnuolo, supra (dissent notes that ‘‘under the prosecution’s own ad- mission, it did not intend to produce at trial the wit- nesses called at the pre-trial suppression hearing’’). Moreover, even if that person did testify at the trial, if that testimony went to a different subject matter, then under rule 26.2(c) only portions of prior statements cov- ering the same subject matter need be produced, and thus portions which might contradict the suppression hearing testimony would not be revealed. Thus, while it may be true, as declared in United States v. Montos, supra, that ‘‘due process does not require premature production at pre-trial hearings on motions to suppress of statements ultimately subject to discovery under the Jencks Act,’’ the fact of the matter is that those statements—or, the essential portions thereof—are not necessarily subject to later discovery.. Moreover, it is not correct to assume that somehow the problem can be solved by leaving the suppression issue ‘‘open’’ in some fashion for resolution once the
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