The situation Brennan is suggesting puts the entire process in a Catch-22. By introducing a “new” timeline from their expert mid-trial, they’ve compromised the integrity of the proceedings on multiple levels.
-If the new timeline is allowed in, the defense has been irreparably prejudiced because they already cross-examined witnesses based on the original data.
-If the new timeline is excluded, the witness can’t testify honestly using the old version, because he now knows it’s been changed.
-Even if the judge pauses things to let the defense catch up, their own expert rebuttals (like ARCCA) are now undermined, because they were based on the initial info provided by these very same CW experts.
This move has boxed the court in. It’s a mess. If a mistrial is declared, it should absolutely be WITH prejudice, because the defense didn’t cause this mess, the Commonwealth did. MOO