bettiepageturner
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Hot dang, interesting question. I started to answer it with an "educated" guess before I realized how little I knew.. so bear with me as I explain it back to myself like I'm 5.. (I assume you know the basics, which I did not)
The main thing is that LE isn't completely barred from speaking to the media (nor any other trial participants). Georgia has one of the more loosely defined standard of measure as to what they are barred from saying: "Insofar as it restricts extrajudicial comments by trial participants, the order is evaluated under the less stringent standard the substantial likelihood of material prejudice standard."
From Atlanta Journal-Constitution v. State as mentioned in the gag order pdf.
So in speaking extrajudicially, which they still can, they have to determine if their comments contain any of the following:
I. implications about the defendant's character, credibility, reputation, or criminal record
ie, facebook comments linking childporn and McDaniel's guilt
Same standard by which admissibility is determined in the first place
II. an opinion as to their client's or the accused guilt or innocence
III. remarks about evidence the lawyer knows will be inadmissible
presumably doesn't apply to LE?
Based on that I would at least hope to conclude that any additional remains discovered would be fair game in terms of discussion, for the most part. They're in the same evidentiary category as the torso, which hasn't been and won't (IMO) be a source of controversy barring any comments that link it to other evidence (torso related browser history.. idk).
Something that suggests the presence of remains would be barred, like blood or DNA found on his grandpa's property, if the Macon Telegraph's brief luminol test confusion is anything to go by. So I think "how did you find it?" could be a tricky question, especially if it was done with SM's help. I wonder how often pseudo-confessions happen when the "not guilty" plea has already been filed? Is that even possible? Seems like it's usually done in tandem with a guilty plea in exchange for a lowered sentence.. so potentially disregard that scenario.
So, IMO, possible clarifications not forbidden by the gag order:
The ME confirming the identity
The "completeness" of the remains, i.e. 4 limbs vs different quantity
vs..
Questionable inquiries:
Crime scene specifics and animal scattering concerns
How long they've been there (IMO it's a leading question that hints at the possibility of a different culprit, so however both sides answer could be seen as confidence in SM's respective guilt or innocence)
What your question made me curious about is what the discovery of the remains would do to the status of the case itself. We've seen delays occur because of computer forensics, which obviously doesn't hold comparable weight at trial (JMO). But even with the worst case scenario brought about by an evidence issue, if the case is dismissed it can be refiled with supplementary evidence. The gag order would not expire or have to be re-issued. I THINK.
Bringing me to something I can't find an clear answer to..
What about the wrongful death suit?
"A parallel civil and criminal case can be an avenue for civil discovery that is not available in the criminal case, a fact which often prompts a prosecution application for a stay of the civil case so as to protect its witnesses from exposure to civil discovery."
I could be wrong, but Lauren's family, as civil plaintiffs, would also be witnesses in the jury trial. Since a civil case doesn't technically issue a verdict it's not trying to prove what the state is or in the same manner, so despite the overlap of experts and witnesses, separate topics and arguments could still be presented during the proceedings. So, point being: if there are participants unique to the civil trial, depending on who's asked and how, could this be a sort of gag order loophole until a separate order is issued, assuming the participants were somehow known? I think I'm being absorbed into the quicksand of ridiculous hypotheticals now so I'll stop. Interesting stuff though.. definitely a highly unique case. Normally a missing body muddles the degree of the murder charge, but who knows what issues will come up with missing body parts, apart from COD?
