So after 4 days my impression of the prosecution's case is that they have a lot of compelling evidence of a cover up. The cell-phone and truck activity on the evening of the 9th and the morning of the 10th is hard to square with BM's innocence or with his explanations to LE.
They also have pretty convincing evidence that SM stopped communicating with anyone after BM came home on Saturday afternoon. That's hard to square with a theory of Suzanne voluntarily disappearing or of something happening on a bike ride.
They have some evidence of a manner of death. But not a whole lot. The GPS evidence seemed disputable at best. The dart evidence is interesting, but not at all conclusive imo. Without seeing a picture of the cracked door or the scratches, it's hard to know how damning they are. And it's sort of hard for me to put all that evidence together logically. BM uses tranquilizer darts on SM, but still has to break down a door and get close enough her to get scratched? It's possible certainly, but it's a pretty muddy picture they're painting. Pe
They have very little evidence of premeditation. I guess the M1 charge is based on the dart theory? If he tranquilized her and then killed her after she was sedated, then the time period between the tranquilizing and the murder is almost certainly enough to support premeditation. But I'm not sure they presented enough evidence to establish probable cause that the darts were used and then she was killed later.
I'd guess that's what the judge is considering. A M2 charge seems like it should go to trial with no trouble, but M1 is a harder call imo.
Barry had to load that dart with tranquilizer chemicals, which in and of itself would equal “deliberation.”
There is a frantic event in the backyard, which Barry admits to with the “chipmunk story.”
An expert said that Suzanne would likely be out in a few minutes.
So the theory appears to be that he shoots her, she runs and locks herself in her bedroom, and he breaks in, damaging the door.
Before she succumbs, she is able to scratch Barry on the shoulder with 3 of her nails (he’s probably on top of her strangling or suffocating her at this point).
So the data shows an event, but even if one doesn’t believe it, Barry says it’s true.
A syringe cap is found in the dryer, and darts in the garage. Barry explains that deer somehow come to his garage area, and he shoots them with darts. It’s as improbable as it is illegal, and no antlers are even found.
Taken alone, the physical evidence doesn’t mean much (darts, door, etc), but Barry’s insane stories shape a picture that seems pretty solid to me.
