I think the defense was caught off guard by her reasoning last time, but this time they left her no wriggle room.
She argued last time that Crump was opposing counsel and that his affidavit was sufficient and that he knew nothing relevant to the case and that if they needed anything get it from Witness 8 deposition.
All those excuses have been taken away from the judge now.
In the Motion defense pointed out that they just deposed Witness 8 and she doesn’t know and now there are other questions from that deposition that have arisen, that they are relevant, that they indicate that Crump lied in his affidavit to the court [a big big no no with any judge — normally], that he is not opposing counsel in that there is no pending litigation between the Martins and Zimmermannn, and even if he were oc, being that he is the only person who has the answer, the court should order his deposition.
The fact that the prosecution who was there at the Witness 8 deposition has not responded to the Motion to Depose tells you that they are having to reach deep for a reason to oppose the Motion.
They may have to dig deep, but there is tactical advantage to delay in responding. Judge Nelson has ruled that she will NOT entertain any motion, or at least not any from defense, that is filed less than 48 hours prior to hearing on the motion. If the state files at or close to that 48 hour cutoff, O'Mara won't have time to prepare and file the surrebuttal that he is entitled to under normal/regular motion practice.