katydid23
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Even if they convince the jury that it was someone else's idea, when the judge explains what is required to find DW guilty of felony murder, the defense will have helped the prosecution make their case. If DW just held the duct tape roll for JW while he tied everyone up and then killed them, DW would still be guilty. Since the evidence seems to indicate that DW had a greater role than holding the roll, how does conceding that DW took part in the crime at all, even as "just the muscle", help DW? The only way I see to avoid a guilty verdict is if the defense could make the case that JW (or someone else) committed the crime instead of DW.
I totally agree. And that is why the detective shrugged and said 'I Don't Know'---when the defense attorney was grilling them about JW's texting timeline. The state is not that concerned about that side issue during Wint's preliminary hearing. JMO