It has to be contemplated under the FL evidence code not the Federal. HOWEVER, if there HAD been a denovo review there might have been an issue of using the Fed. Evidence code and not the FL evidence code.
But the Clinton Judge has pissed on the constitution and his job.
Hard to respect him or his office these days.
Well, too bad the Schindler's attorneys never asked the federal court to admit new evidence. Or even old evidence. Or any evidence at all.