I've followed the case very lightly since the OTHER trial took precedence for 3 years. Now, after all these years, IMHO, the prosecution still doesn't have it's act together!
I doubt I'll follow this trial closely (I'll rely on you all here) because my stomach is in knots even before considering this case.
IMHO, the defense seems to have been given time to think over their choices, a mistrial or the wiping out of the testimony of the neighbor.
Although the judge is justifiably angry with the bungling of the prosecution, I'm pretty sure he wouldn't give DP a free get-out-of-jail pass with a mistrial with prejudice. That would be a slap in the face of the memory of Kathleen Savio.
I'm so disgusted by the prosecution in this case (and that's pretty much a first for me). They know the rules, they know the law. They need to be playing this case straight from the law books, not playing games. They are up against a formidable team on DP's side and should not play dirty.
That being said, the defense is in a pickle now. As has been pointed out, a mistrial without prejudice would give the prosecution a chance to regroup and start with a clean slate with a fresh jury. "Erasing" the testimony from the record, on the other hand, would not erase it from the jury's memory. While they wouldn't be able to base deliberations on the "facts" given by the witness, it would still be there.
:moo: