Maybe the Defense is hoping for a mistrial. It wouldn't surprise me.She's basically their only witness (they have a psychologist on their list, don't know if that will be their second witness - they apparently have only two).
To throw her out means that the Defense is unable to do their job and would likely result in a mistrial. The Judge knows this and is trying to keep that from happening. The Defense really has done something underhanded here. I hope Dr Lewis doesn't "slip up" and confuse what she learned last night with what she already knew (because it would be very hard to object to, given that the State has no clue what they did last night).
It wouldn’t be okay with me at any point once the trial has started for an expert witness in a NGRI trial to meet with the defendant, unrecorded, for three hours.BBM
So it's the timing? If it had happened last week or the week before it would have been fine? I'm confused by that notion.
Of course, any witness, expert or not, for either side, can influence jurors. That's why they are called and why extensive trial prep is usually done with witnesses. Many of the hypothetical "last state's witness" scenarios put forth here in the last few days (e.g., calling Landen or the little sister) were predicated on the idea of influencing the jury too.
We'll see what shakes out.
JMO
I seen it happen on both sides . A court official told me once ,the court cannot grant you what you dont them ask for, so ask or don't .To me, I think it's unacceptable at any time outside the court's previously established time frame for accepting expert witness reports/evidence, etc. These conversations have to be recorded and reported.
Seriously ,I would love to see his off the clock personal opinions ,come out up there . He is a professional but it would be fun.I'm loving this witness tying all of this up. You can just tell that he knows she's sane and guilty.
He's been sat in there the whole trial too so you can just imagine what he's wanting to really saySeriously ,I would love to see his off the clock personal opinions ,come out up there . He is a professional but it would be fun.
BAM!!!!!!!!!I'm inclined to believe this was their first face-to-face meeting and it would be impossible for such a meeting not to affect Dr. Lewis's testimony. I think the state has reason to move the court to disqualify Dr. Lewis as an expert witness for the defense. I don't think this is over.![]()
I think they found out this morning but not sure. I just hope there isn't a mistrial. Just wait and see how Judge Werner handles this I guess.Right? If she needed to review she should've looked through her notes and watched the videos from her interviews with the defendant, not visited her for 3 hours off the record the day before she is due to testify. I can't see anything ethical about this at all.
I am wondering how the Prosecution found out, did the defence disclose this visit or did someone at the jail inform them?.
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