[lugsoul]

Remember, all evidence must have a foundation.

"Sometimes people forget things" isn't evidence. It must be tied to these facts. Who exactly got on the stand to provide the foundation for excluded evidence?

[colorado tanker]

The judge refused to allow expert testimony from a renowned researcher into memory and took an offer of proof as to the foundation. He decided it was a matter of common knowledge and disallowed it.

He also disallowed some video footage of Tim Russert saying witnesses could not have their lawyer with them in the grand jury room, in contrast to his testimony that he didn't know that.

The judge had a very narrow view of relevance. If an appellate court takes a broader view there could be a reversal.