Dr. King's proposed penalty-phase testimony
On Day 46, the defense sought exclusion of Dr. King's proposed medical testimony, arguing that anticipated graphic descriptions and military comparisons were prejudicial and that relevant points had already been established. The government said his trauma experience supplied a basis for opinions about injury risks, pain and Martin Richard's vulnerability, and that he had reviewed the autopsy reports. The defense expressly qualified its account of the expected testimony because it had no report.
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The government proposed the testimony to address grave risk of death, the cruel, heinous and depraved manner of the offenses, and Martin Richard's particular vulnerability; the defense disputed its relevance and warned of prejudice from graphic injury descriptions and military comparisons.