SheltieMom1
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Am I the only one here who thinks this is actually a good thing? They are going to try Hemy again. I have a feeling that since he's been sitting in that cage doing some thinking for the past few years his feelings for AS have changed, and he'll probably mount a defense that will FINALLY reveal what her involvement in Rusty's murder was.
That was my immediate thought. If Hemy has any incriminating evidence tending to show Andrea was complicit in the murder (versus the affair) this is his one opportunity to play that card to his advantage. Facing the expense and effort of a second trial, and possible unavailability of witnesses, the State is negotiating from a position of relative weakness, and if Hemy can provide them valuable information that would enable them to pursue a murder or conspiracy charge against Andrea then Hemy might find himself in a nice bargaining position for the new trial as compared to the first trial. A couple of things, however: even without Andrea's testimony, there is overwhelming evidence of Hemy's guilt and his mental illness claim always seemed shaky to me (I was shocked the first jury bought into it at all) so he's still not coming from a position of strength. Additionally, Hemy needs to provide good solid evidence, not just recollection, because he has placed his sanity in question so I would assume his testimony would have a questionable basis in fact and would be subject to an extremely high degree of scrutiny. There must be independent corroboration or they won't get a conviction. Thirdly, the DA needs to think long and hard about whether he even wants to go down that road with Andrea. This has been such a vortex for everyone involved--any missteps will only add to the agony of Rusty's family of origin and I doubt Robert James wants to inflict any further pain on them in the pursuit of a conviction that seems unlikely. JMO