So many
excuses reasons for JSS to have allowed JA to testify in secret, for the transcripts to be held for weeks despite the COA ruling and a reassuring opinion stated that (now that two higher courts have ruled or issued a stay against her) JSS won't do this again. Yet, as we speak, we have a witness testifying as an expert anonymously, no camera allowed, and without credentials that normally qualify one as an expert. This witness was the subject of several attempts by the state to interview which the court left unaddressed. The mention of prosecutorial misconduct was allowed to be mentioned in front of the jury via this expert, yet while mention by the state of any questionable conduct by these defense experts on the work drives wasn't precluded, the judge did tell the defense she'd rule on objections on a case by case basis. Anyone think JM is free to question this witness completely as to his background or his actual work in this case?
Nurmi is claiming 14 witnesses won't testify in open court, yet JM had to fight tooth and nail to even get their names, and later was not allowed to contact them directly or know their addresses, etc. He was told to go through the defense to access them. Assuming of course, that
these 14 witnesses are all the same names given to JM, I'm guessing he has not interviewed them because they mention affadavits. Apparently JM has not even been given some of their affidavits, so who knows who these people are? And, let's not forget, the mentally ill little girl hasn't decided whether or not she'll continue to testify, but if he doesn't like JSS's ruling Nurmi may go back to the COA. Am I reassured? Um, that would be a big no.
btw, <modsnip> the Supreme Court's ruling hasn't been made, so it's not a smack down yet. They have expedited times for responses to the 16th, but that gives the defense a whole week to file a new batch of motions to keep the state busy. As for <modsnip> comment about people having opinions of this process without having a dog in this fight, as a citizen, my "dog" is the US Constitution and the rules of the court. As the COA said in it's decision:
Waller is a reminder that a public trial is for the benefit of the public and a defendant, and the presence of the public may keep the judges, lawyers, witnesses and jurors keenly alive to a sense of their responsibility and to the importance of their function[.] Waller, 467 U.S. at 46.