During cross examination, Ross and Weaver agreed they never saw Plancher during the obstacle course. Ross was a wide receiver in the same group as Plancher, but he was running through it ahead of Plancher. However, Ross stated it would have been called to the players' attention and everyone would have known if a player had to help Plancher complete the obstacle course.
Weaver and Ross said they the tough workout was part of their development as college football players.
Weaver was asked during cross examination whether he trusted athletic trainers to take care of him. He responded that he did.
Near the end of Weavers' redirect testimony, UCFAA attorney Kevin Taylor asked Weaver whether he had ever been tested for sickle cell trait.
The judge interrupted the questioning and ordered the jury out of the courtroom. He then admonished Taylor for violating his pretrial ruling instructing him not to reference whether any players had been tested for sickle cell trait. Evans told Taylor an attorney licensed in Colorado allowed to represent UCFAA as a guest of the court -- if he violated the pretrial ruling again, his privileges would be revoked.
Taylor stated Weaver had not tested positive for the trait and felt comfortable around the athletic trainers because they always took care of him, so Taylor felt it was relevant.
Evans stated the information was restricted because UCFAA did not provide Plancher family attorneys information about which players on the team tested positive for sickle cell trait leading up to the trial, citing federal privacy laws. Evans stated they could not withhold the information before the trial, then use it against the Plancher attorneys during the trial.
When the jury returned, Evans instructed them to disregard any reference to whether other players were tested for sickle cell trait.
Before the jury was released at the end of the day, the attorneys read highlights of Baldwin's testimony to the jury. Baldwin stated he saw Jackson assisting Plancher once during the workout and immediately after the conditioning drills when Plancher collapsed.
His testimony contradicts seven players who testified they never saw an athletic trainer assisting Plancher until his teammates were carrying him out of the fieldhouse after the workout.
Before the jury entered the courtroom, Circuit Judge Robert M. Evans denied a UCFAA motion to dismiss negligence claims filed by the Plancher family.
UCFAA attorneys argued Tuesday morning the Plancher family attorneys failed to prove UCFAA was negligent and responsible for the football player's wrongful death.
Evans stated he thought there was enough testimony to support arguments for both sides. He denied to decide the case, stating, "It's fodder for the jury."
The judge released the jury for the day shortly before 5 p.m.
He announced the Plancher family attorneys have one hour and 22 seconds remaining for questioning of witnesses, objections and their closing argument. UCFAA attorneys have seven hours and 49 minutes for questioning of witnesses, objections and their closing argument.
Both sides are facing significant time crunch, but Evans reminded them they promised the jury the trial would be completed within three weeks.
Evans previously stated he would be willing to consider amending the time rules if the attorneys could make a compelling case the current clock violated their clients' rights to due process.
The jury is scheduled to begin deliberation at noon Thursday. If they find UCFAA guilty of negligence, the judge stated he expected the attorneys to present arguments before the jury Friday debating whether UCFAA is guilty of gross negligence.
Check back for live updates throughout the Plancher trial. Contact Iliana Limón at firstname.lastname@example.org or 407-650-6353.