That's true. In some aspects of the trial, the things the jury "doesn't know" could actually look more sinister with regards to just this case, however it could also be a big hindrance.
They also don't know why he owned a gun and took pictures of it. However, DM purchased the incinerator almost a year prior and the pictures of the gun were from more than a year earlier. Unless the jury is willing to make the leap that he had been planning this murder for a year or more, and without the Crown being able to show that he lied about why he purchased the incinerator, I'm afraid that whole thing may just be a confusing issue for the jury.
They know he purchased an incinerator in June 2012 through an employee, under the guise of purchasing it for MillardAir. They do not know why, nor what he or the employee told anyone as to the reason why. The Crown was unable to provide testimony as to what he told anyone. So it hinges right now on what SS is going to say about what he was told directly that it was for. Something tells me he's not going to be saying he was told it was for disposing of a body in the barn. So it's probably going to be wide open for the defense to make subtle suggestions as to what it was purchased for. And all the jury has seen is a receipt that shows it was allocated to a utilities/garbage account for MillardAir.
They are seeing pictures of a gun. They can probably reasonably deduce that it was the same gun used to kill TB. Will they make the leap to assuming that because DM or MS brought a loaded gun, that they had both been pictured with, one of them over a year earlier, to steal a truck, that they premeditated a murder with that gun? Or just an armed robbery that morphed into a murder?
And without the background info on the other charges that both are facing, will they be able to see a motive for premeditating a murder?
MOO