In siding with the state, judge Williams noted the remarkable bind the state was creating for itself in Porter's retrial, pointing out that it is "nigh impossible" to show that testimony given by Porter "has not been used in your thought process, pleadings … The second he testifies, that may change the game".
A third testified at first that a man in the audience was the one she saw menacing the victim, but then, after a tearful admission that she had been threatened, she said it was the defendant.
Adding to the confusion, the prosecutor said at least one of the waiters had first testified after his arrest that Malcolm jumped off the roof, contradicting the account of the other waiter who said the beating had happened inside the bar.
Ryan Carr, 21, a college hockey player who helped break up the first fight, testified that Mr. Costin appeared to throw the first punch in the second fight.
But in a second trial, which began in November 1949, Hede Massing, who had been prevented from testifying the first time, testified that she had been a Soviet agent and had known Mr. Hiss to be a Communist in 1935.
Lindbergh Williams, Mr. Muhammad's 21-year-old son from his first marriage, testified that his father was intensely controlling.
Terry Irvine, who, according to some witnesses, may have fired the first shot, testified that he'd been too drunk to remember much of anything about the evening.
A parade of witnesses, including the victim's 17-year-old daughter by his first marriage, testified that David Harris was hit and then run over as many as three times.
Despite four World Series titles as general manager (at first, he testified that it was five, then conceded that he won one as an assistant G.M ., he realized belatedly that a serious problem existed in the Yankees' clubhouse: the team's trainers were injecting players without authorization.
Stewart Van Vliet, quartermaster first class, testified that the destroyer did not have an assistant navigator.
