Damn, the same day I say that Winkleman doesn't have anything to cause trouble/drama he sure as hell proves me wrong
Sam and the prosecutor may have come to an agreement, but that doesn't mean that the judge has to accept it. The judge could accept the guilty part and sentence him to jail time, or insist that he has to stand before the bench and tell them exactly what happened at that window before they agree to it. That's why there needs to be a hearing. This case won't be over till the judge says it is.
I suspect one of two things is going on with this sudden change in course. My first thought is this is being done because the family realized that there is some damning evidence the prosecution has and is trying to reduce the chance that 1) RCCL and 2) the public might get it. They know if this stuff gets out it's over, and if it goes to trial they're screwed. If they sacrifice him to a plea deal, none of this stuff has to see the light of day. And since Winkleman isn't party to the criminal case (though we all know the defense lawyer has been giving him stuff through his own filings ie: the doctors statement) he doesn't have to turn over any of that stuff if/when the civil case hits discovery.
My second thought is possible concerns of perjury? I'm wondering if their medical experts fell through and they can't find anyone willing to back the "colorblind" argument and that is literally the only excuse they had for why he possibly couldn't have known the window was open. And with no medical experts/documents to support the claim the lawyer can't just be throwing it out there.
JMO of course.