Interesting,
A. if someone not seeing something is not evidence, then would it not be true that KC not seeing Caylee for 31 days is not evidence? No, her not seeing Caylee is not evidence, but her not reporting that her daughter was kidnapped up to 31 days later is evidence.
B. What facts do we have that tie KC to the premeditated murder? The state will point to the computer searches and the Zanny references, I think. The 31 days is not evidence. She lied about many things, but lying does not mean someone committed murder. According to the FBI report the Henkel Duct tape found on Caylees remains was dissimilar to the tape found on the gas can, and no fingerprints were found on the duct tape, so the Duct tape cant be used to tie KC to the crime. The FBI could not confirm that the hair found in the trunk had a death band. The forensic reports about the trunk are all questionable. There was no blood found in the trunk. The air sample technology has never been used in court before. We do not know that any of the above will be submitted as exhibits at trial. However, KC was charged in part because she was the last person to have Caylee alive and mislead police as to where they could find her-so in order to even begin to determine whether any of this stuff on RK is good circumstantial evidence, we have to establish that he even had access to Caylee, and only KC can tell us that.
C. Deductions regarding the topic of discussion can be drawn from related facts and information. They infer other facts which usually and reasonably follow from the available evidence. How can one make deductions regarding the topic of discussion if there is no available evidence? If the only evidence you have is circumstantial, how can you make circumstantial deductions? Using the example when KC came in her umbrella was soaking wet circumstantially rain, so now you can infer that her shoes are wet because she was walking in the rain so it is a fact. You can infer that her pants had water spots on them because it was raining hard, so it is a fact. So you are now ready with 3 pieces of evidence that KC was walking in the rain, two facts and one piece of circumstantial evidence? Is this correct? Because, the truth was KC walked by a fountain on her way, dropped the umbrella in the fountain which splashed on her shoes and pants and made the umbrella soaking wet, the facts and the circumstantial evidence was wrong. Honestly I am confused about all this circumstantial stuff. If the available evidence is circumstantial, which to my understanding it is, what facts are available to make deductions from? Is the prosecution or the defense for that matter allowed to make deductions from circumstantial evidence, and this allows them to infer other facts which usually and reasonably follow from the available evidence? I dont understand how something inferred from a circumstance can be considered a fact. I do think you can infer a circumstance from something that is a fact. Refer to Black's and ask the lawyers here why circumstantial evidence is defined this way, that is beyond my expertise and I hate to write that, but I really don't know where that bar is set or why. Also my brain is tired, so maybe I am missing the point! My best guess is that, in writing the law behind this, legislatures give good faith credit to the jury that they are inherently fair and will not imply, from circumstances, facts that are outlandish. Yes, it could have been the fountain, but without knowing all of the variables (such as not knowing she walked by the fountain) we don't assume she walked by a fountain. If the state tells me how Roy got Caylee from KC and it explains why she won's tell us, then I can make more precise assumptions. Make any sense at all? :waitasec:
D. What is the prosecutions hypothesis as to when, where, how, and why KC committed the premeditated murder of Caylee? Standing alone, the evidence the state has that we know of is not sufficient to draw any definite conclusions. Don't wanna go there on this thread in full
E. Need more data from the prosecution to convict KC, IMO, but not saying they cannot come up with something good.
Using what some will probably consider illogical logic, from the above points, it seems to me that the circumstantial evidence against KC is equally as strong as the circumstantial evidence against RK. I think this because it seems like there are precious few actual facts in either scenario, and almost everything is circumstantial from both sides. The judge may very well dismiss this motion, but if he does, I will be very interested in his explanation as to why he dismissed it.
I have to agree with those who believe the defense is trying to raise doubt, since that is their job, also that AL has used spaghetti throwing as a tactic. RKs inconsistent statements and his past makes him a good candidate for the defense to use. The media has insinuated that many others have been thrown under the bus, but I think that is all just media hype. As far as I know, this motion is the first time the defense has shown anything that involves a SODDI defense. As always my entire post is moo