IIRC in the DM trial the Court held that HeB and MS must have seen rapes on tape due to the similarities - i.e they could not have invented their testimony because they did not know details of the DM case. So it was probative in that case.
But in this case, their direct testimony is required to prove the case BARD with no identified victim and no forensics
So the difference in the Court's attitude is at least partially explained by the differing standard or proof here. I get the feeling at least one saw disturbing videos. Bit which parts are true, which parts are invented, and what they can't really remember accurately anymore can't be unpacked.
You can also see how the prosecution, relying on the good impression of these witnesses in the DM trial, runs afoul of sceptical judges given the deterioration of the witnesses, pre-trial publicity, evolving versions etc etc
MOO