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Grayhuze, did a good job with all these videos. I don't completely agree with his proffered scenario. The issue with Dr Horn: Per his testimony, his report doesn't include any sequences of events. He has no recall of every telling Flores anything. As lead detective on the case Flores had an interest and duty to obtain the MEs finding in the case and was present for the autopsy per his report and per Horns report. As per Horns testimony in the retrial. The penetrating stab would to the heart, did not cause blood in the mouth. The incised wound to the stomach, did not intersect the stomach or intestines to cause blood into the mouth. As per first trial, he doesn't know whether the lungs were nicked or not since they were not pristine enough to determine. Again as per re-trail and previous trial, the bullet went through the sinus cavities in the head. Also I don't think the blood in the right ear canal was ever addressed.
So scenarios with Horn.
1) Per Horn with the cut to the throat TA unconscious in seconds and dies in minutes. He would not be standing at the sink or engaged in defensive actions or fight hard after that. That would be the last fatal wound not including gun shot after that point. Basically what ever they were doing ended after that slit throat.
2) Essential Horn says aside from the neck slit, none of the other wounds would have cause blood in TA's mouth. The blood comes from the bullet passing through the sinuses and draining into the mouth. The question becomes how does the bullet passes through the sinus and through the frontal lobe. The bone can deflect the bullet, but what path would it take to get into the sinuses after entering the frontal lobe and ending up in the maxilla? You'd think Horn would have no less that two perforations to the duramater and the other membranes surrounding the brain. Also on recross in the original trial, Martinez got Horn to acknowledge haemorrhaging inside the cheek where the bullet was. Keep in mind that haemorrhaging supposed occurs while the heart is pumping.
3) In addition in previous hearings or conversations, Flores discusses with Horn, the injuries to support the F(6) aggravaters. If knife was first it would likely support both the heinous and deprave aspects of the F(6) aggravaters to make for a more compelling case in '09 for support of the DP.
Conclusion:
In seeking the DP something like this issue should not be in question. The state has had two position on the issue suggesting uncertainty which is reasonable doubt. In contrast to the DeVault trial, there was less uncertainty about what happen. She struck him on the head with a hammer while he was sleeping. The state if it seeks the DP has a duty to the people to get accurate and truthful facts about the case. If they are to ask a jury to commit premeditate murder and an ultimate irreversible sanction, the facts should be beyond a reasonable doubt as stated by law. IMO, a retrial needs to be granted in this case and the can properly convicted and sentence JA to DP if that's what the case proves. To do it on the current basis works against the interest of the people of the state of AZ and the rest of society.