Alexa didn't give a clear ruling at the hearing on whether the prosecution should trim down a 116-person witness list for the defense.
"You can't expect an attorney in a murder trial to do depositions on 116 people," he said.
Rogers cited a 1985 Indiana Supreme Court ruling that a defendant must ask to have a witness list trimmed before trial and said he was amenable to calling someone not on the list for rebuttal.
[snipped]
Polarek argued that she and Chief Deputy Prosecutor Matthew Frost couldn't trim the list of civilian witnesses without knowing what the defense theory is.
Rogers said, "Our defense has been clear from the start he didn't do it," rather than one of self-defense or that he wasn't at the scene.