My judgment is that simply because a prosecutor decides that one approach is more effective than another doesn't necessarily suggest some major weakness or anything other than a continuing effort to adjust the case to what appears to be the most favorable theory,
It's possible something Ellis said out of court might be used not only against him but Mr. DeLay. There is one exception to the hearsay rule: for statements made by co-conspirators.
This is serious stuff. They have obviously upped the ante.
