Procedural - Ruling (Welcher)

JUDGE CANNONE: Okay. So, before we recess, uh, I appreciate that counsel provided me with the information. Mr.

JUDGE CANNONE: Jackson, I got the two reports that you had that were uh incorporated and what the Commonwealth had given me a few minutes before, but I appreciate that it was pointed out here. We've had full argument on this yesterday and today. Uh, my findings for the record are that the defendant has not persuaded me of undue surprise or unfair prejudice by this information, and I don't find that there's delayed disclosure. Of course, all of this is ample game for cross-examination. Certainly, as to what Mr. Burgess knew, what he looked at, why he looked at it, when he looked at it, why he changed his report, uh, and violation of the sequestration order — is all um for cross-examination. And I will give you a lot of leeway with that, Mr. Lally, but I'm not having a voir dire on that. Um, Mr.

JUDGE CANNONE: Lally, I can tell you, obviously, you've got a great facility for cross-examining on the underlying information here. You've done thorough cross-examinations. I have every confidence you can do it here again. But if after the direct you demonstrate that you need uh further time, I'll certainly hear you on that. And more importantly, perhaps, if you feel that the testimony of Jen McCabe and the others that you've mentioned um is critical and that you need to recall them, I'll hear you on that as well. So, regarding Dr. Welcher, um, as my understanding, the request yesterday was for — and it's been a request, I think, a few days. Um, we've addressed it at sidebar and I found that it wasn't the right time. Let's see how much Dr. Welcher could go through. Um, I understand Dr.

JUDGE CANNONE: Welcher will testify in the Commonwealth's case-in-chief like next week or so.

JUDGE CANNONE: And that will be for all of the material that was provided to the defendant initially, right? By the Commonwealth's discovery deadline.

JUDGE CANNONE: And what you're asking for is that after he testifies on the new information, you're asking for rebuttal, right?

JUDGE CANNONE: All right. So, I would allow under these circumstances a limited rebuttal, and we can define the scope after we hear the testimony of Dr. Welcher. So, those are my rulings. Your objections were noted. I'll see everybody on Monday.