If Katie came to Charlie the night of the murder and said she knew who killed Dan, and tried to blackmail him, he should have gone right to the police, and she should’ve also. And even if he didn’t immediately, he should have gone to them once the blackmailers were arrested. He should’ve said “I can help. I know these people did it, and they blackmailed me.” Yes, he might have had to plead to obstruction or accessory after the fact, but he would’ve gotten a deal. And he would’ve helped put away the bad guys that took away his nephews’ dad! But he and his family weren’t talking.
Throwing Wendi under the bus is a pretty good strategy, because I don‘t believe there is enough evidence against her to arrest or try her. (I know some disagree. I know what Lacasse said, I know about the TV repair and the bourbon.) I’m just talking here about the legal standard for conspiracy and murder for hire. You have to show 1. that she solicited the murder and 2. that she paid for it. There is no evidence, direct or circumstantial, that I’ve seen that shows either. We don’t have phone calls between her and the killers or payments to link her to the killers. They know this. They may believe it is a win-win to pin it on the empty chair. Would a brother do this to a sister? Not sure. But perhaps if they thought it wasn’t much of a risk. Again, I know some disagree. There is plenty suspicious about her conduct and her motives, no question.
Pinning it on Katie serves a similar purpose. She is already convicted and incarcerated, so nothing worse can happen to her. Are they going to argue that she did, in fact, know about it and was lying to and also blackmailing Charlie? Because there is plenty of evidence that suggests she knew. She rented the car, she talked to them on the phone during the crime. Bet she is wishing she had cooperated about now. Does she know this is their defense? Is she part of it?
Is the defense going to call her to testify? She and Charlie are the only two people on earth who can testify as to what she told him the night of the murder, and how she allegedly extorted him. The opening statements kept saying “you will hear” about this. I don’t see how they will hear about it unless they hear it from her. But Katie did speak at length to the state. The defense theory likely contradicts what she told them. it’s doubtful she confessed to them that the killers did this without her knowledge. She can’t now get on the stand and say that.
So does that mean the state has to call Charlie?