Well, keep in mind that the DT thought for a very long time that "gunshot first" WAS the ME's opinion. And certainly it was the state's theory, set forth in several briefs in great detail. Frankly, the DT might have thought that the ME would easily admit that the gunshot might have been first, since (as far as the DT was aware) that had been his original opinion, the prosecutor's original opinion, the detective's original opinion, the easiest explanation for the shot trajectory matching the positions of the parties at the end of the shower pics, the easiest explanation for Jodi being able to escape without a scratch, etc.
Nevertheless, I'm assuming that the DT must have learned before trial that "gunshot first" was no longer the state's theory, and the judge would have given them more time to get an expert if they had asked. Personally, I wouldn't have bothered with a forensic pathologist on this issue--maybe a trauma neurosurgeon to explain how the range of possible trajectories was consistent with some ability to move around afterward? I think they could have found an expert to say that.
:waitasec:
Wait--I think I've got it!!
Maybe the REAL problem was that they needed an expert who would not only give the potentially REASONABLE opinion that Travis might have been able to stumble around helplessly and maybe scream for about 5 seconds, then fall to his knees and desperately try to crawl away from his attacker for 5 feet before being slaughtered, but who would also give the patently UNREASONABLE opinion that Travis could have run, lunged like a linebacker, yelled in complete sentences, and been a threat to someone else's life after the gunshot.
Yeah...I don't think they could have found anyone to give that testimony.