Read the following excerpt from a US court opinion:
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is also without merit. The claim based on alleged evidence of three other possible suspects also fails on the merits. The record refutes Overton’s argument that information on Hector Hernandez was not disclosed to his counsel. Overton’s counsel testified that he was given the information about Hernandez. Consistent with that testimony, Ellsworth testified that he advised Overton’s counsel about Hernandez as a suspect upon his receipt of the information. Moreover, the information was actually inculpatory rather than exculpatory. These statements from Hernandez would establish that he was at the murder scene whi reports is also insufficiently pled as Overton does not present any information as to what these pages included or how such would be exculpatory. See Gore, 846 So.2d at 466-67 . The fact that alleged missing pages were from
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What is the most suitable continuation to the opinion? Your options are:
A. holding the tenday requirement was ministerial and the defendant failed to show he was prejudiced by the delay
B. holding that an appellants due process rights were not violated when he did not receive brady material before his transfer hearing because he will be able to make effective use of any brady material at trial
C. holding that the defendant insufficiently pled the brady claim because he failed to assert how the evidence was material or how he was prejudiced by the states nondisclo sure
D. holding that the brady claim was insufficiently pled in the rule 3851 motion because the defendant presented no factual basis that the disputed item ever existed or contained exculpatory information
E. holding that the defendant did not require advance notice where he could not show how he was prejudiced by late notice or how he could have been helped by additional notice
Reply with [A, B, C, D, E] only.