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Judge had previously given them permission to do so
Prosecutors filed a motion Thursday morning pointing out that the transcript backed up their understanding that Ellis had explicitly allowed the expert to do so.
“I was critical of counsel for … allowing an expert to remain in the courtroom,” he said before testimony began. “You may put that aside… I may well have been wrong.”
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“If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.”
-- Ulysses S. Grant
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