i just watched this on usa today - and i still don't get it - how is the judge letting it in, and how did the records become unsealed so the press could get their hands on them - none of this makes sense to me
http://www.usatoday.com/videos/news/nation/2013/02/09/1905101/
The transcript was unsealed because the judge ruled that the matters at issue (Jodi's testimony about the pics and masturbation) are coming in. So there's no further reason to keep that out of the public record. She allowed it, imo, because it's direct testimony from an eyewitness and to disallow it, she'd have to find that it was excludable on some basis other than hearsay, like relevance. I think the defense expert was called to testify exactly how the incident plays into the defense - i.e., to establish its relevance. The judge will err on the side of caution in favor of Jodi because she is facing the death penalty. If it makes you feel better, she's probably allowing lots of stuff in because she knows it won't impact the outcome and will avoid reversible error.
