Judge Darrow Hears Arguments
Judge Darrow made a written ruling on the most recent mistrial motion yesterday, without even hearing oral arguments this morning. I read it last night and I think it was a big defeat for the defense. Not just because they did not get the requested mistrial but because they didn't get much of anything they wanted. And I'm reading between the lines but I pick up a certain impatience from Judge Darrow, with the defense team.
He did preclude Richard Haddow from testifying for the prosecution as requested by the defense. Personally, I don't think the prosecutors were serious about that. I think they were just calling the defense's bluff. They forced the defense to discredit him as an expert and state once and for all that they would not be calling him. Very well played, I must say. Not only did Judge Darrow affirm that the defense will not be calling Haddow, he stated that the defense has chosen not to call another expert on the matter. He also reiterated that they can't cite the Haddow report in a way that doesn't comply with the rules of evidence. Finally, he ruled that there will be no further sanction against the State over this Brady violation, beyond his preclusion as a State witness. So this decision all but completely puts the Haddow matter to bed.
Also settled in this ruling, is the matter of the prosecutorial misconduct claim that I described here as their accusing the prosecution of lawyering. He ruled that whatever occasional, leading questions were asked or hearsay evidence elicited were properly dealt with through objections and stricken testimony.
Judge Darrow also reiterated his now clear understanding that there is nothing new or novel in the carbon dioxide issue, nor the matter of where participants were seated in the sweat lodge. This means the defense can no longer argue that the State is using Brady material every time they talk about carbon dioxide poisoning, which was largely their basis for this last mistrial motion. Frankly, they looked like fools, arguing passionately that carbon dioxide had never been mentioned and then having transcripts of their own year old discussions of carbon dioxide read to them.

