Hatfield
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So they will be let back in, but the secret witness will not be on the stand. If all of the DT's mitigation witnesses refuse to testify in open court, then nothing will happen in the courtroom until the ruling on the special action is made?
I think that is 1 possibility but in the event the defense doesnt want their secret witness to testify until the appeals court gives their final ruling, then it is my understanding the judge has the right to demand that the defense continue with any other witnesses they have while they wait for the ruling. If the defense doesnt want to bring any other witnesses or their other witnesses refuse to testify, that is solely on them and the judge can refuse to allow them to be called in the future, since they had their chance now.
The secret witness permission was only granted for this 1 so far, so the judge doesnt have to allow future ones to get this special privilege and it should not delay the trial while they wait.
Now, whether the judge will have the backbone to handle it properly is another story.