I think Kurtz' argument about admitting into evidence the letter Kurtz wrote, to the CPD through Daniels, should have prevailed. He should have been allowed to ask Daniels if he had seen it at any point in the investigation.
I agree that the CPD should not jump to any request of some random lawyer, but part of their defense is that the CPD was not thorough. Also there is no "truth of contents" in Kurtz' letter, the only fact relevant is that he sent it. It is not heresay. The fact they were put on notice about the evidence Brad's lawyer requested preserved is one factor as to whether the CPD were thorough. This opens a can of worms for future cases but I think sending this letter was an astute move by Kurtz.
It also suggests that Kurtz believed in his own client's innocence at the time the letter was sent. It could suggest the Kurtz knew the CPD would screw up the investigation so put the letter out there as additional ammunition once his client went on trial. People have talked about the fact that Brad submitted to a civil deposition regarding custody of his kids as being wrong given the fact he was a murder suspect. Kurtz was sitting right there. Even if Brad were innocent, allowing Brad to participate in that deposition was the wrong call. I think Kurtz actually thought his client was innocent and since he's smart, let Brad tell his story. This is pretty much always the wrong choice when there is any criminal investigation and I think shows that Kurtz was naive. At this time Kurtz did not know about the google search on the body's location, and it is likely he did not know what the VOIP evidence would look like. Kurtz also knew he did not have discovery of most of the evidence. Big mistake.
I expect a guilty verdict at this point, but I also have no doubt there will be an appeal if that's what happens. The treating of heresay evidence in this case has not been consistent and starts to make me wonder if I understand what heresay is. The rules in the US are different than in Canada though, so maybe that's my own problem.
Again, I think he did it, I think its been proven, but now its up to the defence to raise reasonable doubt. If someone from Google shows up and says those searches were done only after the news reports about her body being found emerged, well the defence might have legs. Even without the google search evidence, I think its been proven he's the murderer. To adopt a convention I've learned following these boards, MOO.