snipped.
Only two-thirds of the jury is not great. In fact, I would say it's very bad. If the prosecution doesn't have additional evidence that they can bring forth then they shouldn't bother to retry KR because they will lose again.
On a personal note, I'll say that for me, the ARCCA witnesses were dispositive. Before that, I didn't believe that the commonwealth had proven their case. However, after their testimony, I no longer thought JO was hit by a car. But I knew something the jury didn't: I knew these witnesses were hired by the FBI and truly were independent. They didn't go into the case with a preset agenda like most defense experts do.
Had I been on that jury, I wouldn't have known that. Maybe I would have given their testimony less weight, thinking that the defense was shading the truth about their independence. Maybe they were hired by KR's insurance company, or some similar entity, to avoid liability.
If/when the jury talks, it will be truly interesting to hear what they thought of the various expert witnesses and how that affected their deliberations.
edit - In a retrial, it's quite possible that the next jury will know that the ARCCA experts were independently hired by the Feds. That will be a difficult hurdle for the prosecution to overcome.