04-15-2013, 09:54 PM
It's likely that Martinez only had two choices once Judge Stephens ruled the expert admissible.
He either had to face this expert on the stand, or he had to agree to the stipulation uncontested.
I don't think Martinez was technically prepared to argue the science; this was an unexpected last minute defense ploy.
Maybe more importantly, putting this expert witness on the stand could have added at least another week to the trial and thrown off Martinez's rebuttal witness' schedules again. All that just to keep the defense from making a claim based on the interpretation of a retina reflection; a claim that doesn't contradict what the prosecution has presented and doesn't support what the defense has presented.
Negative return on investment; I'd have stipulated too.
He either had to face this expert on the stand, or he had to agree to the stipulation uncontested.
I don't think Martinez was technically prepared to argue the science; this was an unexpected last minute defense ploy.
Maybe more importantly, putting this expert witness on the stand could have added at least another week to the trial and thrown off Martinez's rebuttal witness' schedules again. All that just to keep the defense from making a claim based on the interpretation of a retina reflection; a claim that doesn't contradict what the prosecution has presented and doesn't support what the defense has presented.
Negative return on investment; I'd have stipulated too.