It will have to be, since it apparently can't be fully examined and vetted by the defense by her trial date.
But in so doing, it also is a sword hanging over the head of any conviction, on appeal, if it turns out to hint at an alternate killer (because of the fact they withheld it all this time).
Frankly, this is inexcusable behavior for the DA's office, and it may come back to bite them (and the cause of justice) big-time. Not only is this an issue, but the likely consequence of having to sever the trials has huge negative ramifications for their case against both defendants.
This is not evidence withheld. It was discovered late.
True, if it becomes something really significant it could be an appeal issue for Lori.
I can't imagine what it could be that makes that big a difference to Lori or Chad. Let's say- it's the hair of someone who was in Lori's apt. but not the hair of a suspect.
It could be there for an innocent reason: they took out the trash and replaced the garbage bag, getting their hair in a fresh bag used to wrap Jj.
It could be there for a nefarious reason. It turns out a neighbor helped bury JJ and did not tell the police.
But How does the hair take away from the conspiring and killing and covering it up that Chad and Lori did? The person it came from is unlikely to have sent the raccoon text. The person it came from did not rent the storage unit. The person it came from did not tell Gibb to take a photo of some random 7 year old.
I am a little worried about severing the trials because I think it plays to Chad's advantage - and he may already be at a physical evidence advantage as it stands. Now he will also be able to work from the advantage of going second.
Still, Lori is not charged in physically carrying out Tammy's murder- so Chad has that to worry about.
I have confidence there is plenty to convict each of them of at least conspiracy for at least one of the 4 or so bodies in their wakes.
MOO
Edited to add:
As I understand it, this is a hair found in JJ's body bag. JJ is only one of three victims that are the subject of these trials. Which is another reason this is less of a big bummer for the prosecution than some of my websleuth peers think. Prior is going to continue to look like a jerk claiming that a hair from another party, on the victim that has more household items buried with him and whose grave was predug, which gives more explanations for contamination, really weakens the other evidence against his client.