"I think the government's going to try to get a retrial, and the government's going to argue that while it made a mistake, it didn't go to the heart of the case and therefore a retrial should be permitted," he said. "The judge, though, was really upset and completely disappointed in what the government did."
Added McCann: "My instinct is that the government will go for a retrial. They'll probably get it. … But I think the judge feels like the government really messed up, and they wasted a lot of time and money."
As for speculation that the government's move was intentional — either to sneak in the information or to get a mistrial to avoid spending any more time and money on the case — McCann doubted the possibility.
"Was it intentional? It probably was not," he said. "I suspect it was a lower-level person who put the slide together and forgot to redact certain comments, and a supervisor didn't catch it, and then disaster happens."
Added McCann: "I think it's a careless mistake. I think it's just not doing their due diligence."
