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.

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.