Here's an appeal case in Federal Court that was filed in a death penalty case. The defendant was found guilty and sentenced to death. Part of the appeal concerned Dr. Ruben Gur and reversible error because the judge did not allow brain scans to be presented as part of the defense mitigation. The federal court found that there is no scientifically recognized significance to MRI evidence and it is methodologically unreliable.
So there is precedent for Judge Lowy to use to rule the scans out.
http://www.jaapl.org/content/41/4/597.full
Finally, the court acknowledged that the threshold for admissibility under the Federal Death Penalty Act is low and noted that the exclusion of Dr. Gur's testimony from the penalty phase represented a reversible error. It noted that Dr. Gur's interpretation of the PET scan as it pertained to a diagnosis of pseudocyesis was arguably admissible when this lower standard was used. However, it concluded that any error resulting from its exclusion was ultimately harmless. Furthermore, because the MRI evidence was both methodologically unreliable and, in this case, “had no scientifically recognized significance,” the district court acted within its authority when it concluded that “the results were irrelevant to Montgomery's insanity defense and the mitigating factors she pleaded” (Montgomery, p 1093).
I so wish you could send this to the Judge...hopefully his team will find this.