The testimony of another witness on the defense's witness list — who seems unlikely to testify — was litigated extensively. But Justice #Merchan is now being asked to rule on the spot whether & how #RobertCostello can testify.
Not having time to consider such decisions could increase the chances that he will make an appealable mistake. The defense is putting a lot of pressure on the judge by introducing a witness who was not on their original witness list.