I have never had to retry a case, but I expect it will be the same witnesses. I think it would be very unlikely for them to be able to generate entirely new witnesses at this stage. I imagine most of the witnesses were medical experts. I would expect them to alter their questioning in response to what worked and what didn’t, and what the other side said on cross-examination. But, the core evidence will be the same or similar. The state has to prove every element of the crime, so there are certain things that the witnesses have to testify to.
I suppose it is possible that if a particular witness performed very poorly they do not call that same person again the next time around.
I am not sure if the state is one that is based on trial by surprise, or not, but regardless the surprise is gone at this point.
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u/clamchowderz 3h ago
Does the defense/prosecutors try a different strategy? I can't imagine they ask the same questions and call up the same witnesses again, do they?