As the judge said, what did he exclude? The defense has had years with some of this information and defied the judges orders about the reports over and over again. Knowing that it would penalize Casey for something her lawyers did, the judge did NOT exclude it, but did give the PT time to take additional depos.
He is offering JB the exact same remedy. Unfortunately, JB wants it out, he does not want to take depos b/c he knows there is no fixing this. Cindy lied, Dr. Spitz went too far calling Dr. G's work shoddy.
As the judge said, it should be NO SURPRISE to anyone that the PT would ask someone at Gentiva about Cindy being at work when she flat out lied and made stuff up about her timecards not really being accurate. That's what the rebuttal is for. JB has a lot of nerve talking about getting a computer expert to look at this when he used those records and they stipulated that they were accurate.
It should be NO SURPRISE to anyone that the state would call a witness to defend not opening the skull. And to question this Dr.'s qualifications is laughable. The state only had one pathologist on the witness list, and it would look like she was trying to cover up a mistake if Dr. G testified about it. So they are calling an unbiased, highly qualified expert to inform the jury about the procedure.
As for the saline wash of the skull, that was in the report, they are just going to rebut Dr. Spitz's assertion that it is brain matter.
I think the judge has done an excellent job of bending over backwards to be more than fair. It might not be "equal" for the state, but he is guarding Casey's rights to such a degree that this will never be overturned. He knows that her lawyers are certainly not doing it! And he can't force her to have a better lawyer, so he has to look out for her.
It is frustrating to see JA get blasted for the same crap JB gets away with, but I know in the long run it is in the interest of justice.