Actually it does matter very much, because, as we have been told repeatedly it is the totality of the evidence and if this is not proven I really don't feel that there is any more premeditation on MS part then there is with AM, CN or SS. Apparently what sets MS apart from the rest of the gang IS the fact that he WAS with DM on that night
Let's say that you looked out your window last night before you went to bed and saw that your lawn was completely clear.
When you woke up this morning, you looked out your window and saw that your lawn was covered in snow.
The most reasonable conclusion that you could possibly come to is that it snowed overnight. Even though you actually didn't see it snow, common sense tells you that it did, in fact, snow.
If instead you concluded that a snow-making machine had come to your house overnight and dumped snow on your lawn, that would be a highly unlikely conclusion to come to, an unreasonable conclusion, don't you think?
And although you don't have all the answers regarding the time it began snowing, the temperature when it snowed, when it stopped snowing, etc., most probably, and beyond a doubt, you can reasonably say it snowed last night.
We will never have all the answers to our questions in this trial. As another poster said, absence of evidence is not evidence of absence.
We can't settle on one or two stubborn unanswerable questions and say we want the absolute proof of something in particular answered before we can come to the most reasonable conclusion.
Using the simple snow example above:
MS and DM had established a close bond and committed numerous criminal acts together over a period of a few years. It delighted them.
A loaded illegal gun was purchased, both knew about it, both handled it, bullets were stolen by DM in order for MS to practice. It delighted them.
A livestock incinerator was purchased, and research done about it by MS. Both DM and MS worked/moved/discussed this BBQ. It was very important to both of them with regard to their mission, and it had no legitimate purpose, a very costly investment.
I won't go into the most reasonable explanations for the text messages because billandrew's posts and many other WSers have already done that so well.
A burner phone is purchased and registered in the name of Lucas Bate, its sole purpose to contact potential victims for test drives of 3500s.
In the days leading up to Tim's murder, there are steps being taken by MS and DM such as checking out the incinerator, and excitement detailed in the text messages, such as "Fireworks tonight."
Both go to Tim's for the test drive. Tragically, Tim is murdered and incinerated.
DM and MS spend days getting rid of evidence, all the while carrying on texting each other in the same manner of bonding that they had shown previously.
Happy that their mission was a success.
The most probable, the most reasonable conclusion, beyond a reasonable doubt, that one can come to is that DM and MS murdered Tim and stole his truck. And that the acts were premeditated together, therefore they are both guilty of 1st Degree Murder.
Anything else is highly unlikely.
All questions cannot possibly be answered because of the nature of crime and criminals and whatever evidence they have left behind. To refuse to come to a reasonable conclusion based solely on a question to which you personally require an absolute and satisfactory answer should not be necessary, and it is counter-intuitive.
As always, MHO
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