The defense asked the judge to exclude the testimony of Ada MacNeill, who discovered her mother, Michelle unresponsive in the bath tub.
They claim her memories have been tainted by her older sister, Alexis, who has been outspoken in her belief MacNeill killed his wife.
The judge agreed in part, but also cleared the way for Ada to take the stand.
Fourth District Judge, Derek Pullan took exception with police tactics to use Alexis to interview Ada on several occasions, calling it “inexplicable.”
He said each time Alexis spoke with Ada she came forward with greater and greater detail.
He ruled there is clear and convincing evidence some of Ada's memories were implanted or distorted by Alexis.
However, Pullan also found that in a separate interview with the Children's Justice Center, Ada's testimony was consistent with original statements she made as a six year old and was corroborated by other statements, including those from the defendant himself.
“The state will be permitted to show the Children's Justice Center interview. Ada will then appear in court for cross examination,” said Pullan.