BBM But I think you are making Maline and McGee's point for them then... they are the team, and this late in the game, to remove one and think that they can just carry on is not really that logical or possibly even legal (creates an ineffectiveness of counsel argument). And the judge seems to agree, and since he has all the information to make the decision, this is what he has done. I also 100% got the impression that if the judge said that Maline had to go forward without McGee, like the prosecution wanted, that if the defense motioned for a mistrial, he would grant it IMO because he told them that the alternative to taking a week off is a mistrial and doing this again in 6-8 months. I don't think he would give that 'alternative' if he knew he wouldn't grant a mistrial.
In this case, I see they have had Guerard there, but I am not even sure if he is an attorney on record for Merritt? We have only heard from him once, last week lol but he never questions, he never objects. The State has 3 prosecutors sitting there. So the defense team does not have more attorney's than the State. I did notice that Guerard went to the sidebar yesterday, but can't recall if he did that before? It should also be noted that Dr. Rudin has not been on their witness list for long, so it's not like they had retained him years ago, I'm assuming Rudin is still doing calculations too since he was wanting more info lol (this is why we heard from Guerard).
All JMO
