The dramatic admission contradicted testimony by Dylan Dille, a former SEAL sniper, and Craig Miller, a special operations chief, who took the stand Wednesday. "But he cannot be prosecuted for any statements that he makes, including apparently admitting to a killing," Walsh said. Should Scott's account be proved false, he can be prosecuted for perjury. Scott is one of seven SEALs granted immunity in exchange for their testimony. Gallagher's defense attorneys argued the alternative account had remained unknown because of sloppy work by naval investigators and the prosecution. When asked about his opinion of his former superior, Scott responded saying he likes him "and that he didn't want him to go away for the rest of his life," Walsh reported. The prosecution accused Scott of being untruthful and said he fabricated the new version of events because he is a friend of Gallagher's. "They pointed out that had spoken to prosecutors several times they'd asked him to go step by step in this, and that he had never mentioned closing off the airway and he'd never said that in any of his testimony to naval investigators either," Walsh said. Prosecutors were visibly upset by the turn of events. Gallagher was jubilant following Scott's testimony, celebrating with his family outside the courtroom. But Scott's account radically diverged from the familiar narrative during the defense's cross-examination when he revealed that "it was in fact he who killed by closing off an airway to a breathing tube for the wounded fighter and then he slowly watched him die," Walsh said.
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