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I'm sure I read it here but hey I could be mistaken.
I googled it was mentioned here some stage but I can't seem to get the link up
Apparently that has successfully been used as a defence murder while sleepwalking
http://health.usnews.com/health-new...l-cases-that-invoked-the-sleepwalking-defense
Also why get her hair redone, organise a sleepover, organise to drop dresses off or plan to attend a conference.
It makes no sense really.
I have been following on and off today as am at a friends house and trying to be social. Have to share that I am sitting under a tree and a caterpillar just fell on my neck. I am taking it as a sign!
I realise that, but Gerard hasn't at any time even approached the subject that he may have been sleepwalking and accidentally killed Allison.. and carried her body to the bridge , still sleepwalking... and sleep walked back..
in those 5 cases, that was what the defence led with.. 4 successful, one unsuccessful...
Gerard didn't lead with this defence.. his defence is that he knows nothing. he was asleep.
I believe GBC didn't want to do the 15 minutes talking to Allison at night because that would have clued her in to too much and enabled her to catch him it still at it. He conceded in the end because he had another plan.
2.46pm
Well, well well! Signs were coming in loud and clear today.
Also at 2.46pm today in the main court room,
I was watching ... just as that chair broke ! :HHJP:
What I saw though, was very very weird and I noted that the person sitting on it ...thought the same.
Whats remarkable, is that chair was front and centre.
The person moved out of it and the chair remained empty... whilst the court proceeded.
It was as if the chair was cleared for Allison.
What was being presented ... was exexexextremely important.
You will understand why , when you go back and read the 2.46pm to 2.47 pm posts.
I think this is what "broke the camels back" :thud:
Agree completely. He'd give too much away. It was also indicating to him she wasn't going to drop this affair thing and continue on with the marriage like nothing happened and he didn't like that.I believe GBC didn't want to do the 15 minutes talking to Allison at night because that would have clued her in to too much and enabled her to catch him it still at it. He conceded in the end because he had another plan.
But how can you be certain it is a duck, beyond reasonable doubt?
I have a question. The jury have to find him unanimously guilty to be found guilty. Do they have to find him unanimously not guilty to be not guilty? How does the ratio work if not all say guilty?
To my mind he did it, whether you want to accept all the pieces as evidence or only some it's still the only reasonable explanation for what happened to her - that she was killed and by her husband. I think the prosecution ran through the alternative options sufficiently to show they are implausible so you have to accept the only one that is. Sometimes I think the process of elimination can go to substantiating evidence and proving a finding in a circumstantial case, like trying to find the cause of death. By saying what it's not you can narrow right down to what it must be. Not everything leaves its own mark which is why elimination can work. Sometimes it's the lack of something that proves it. We use the process of elimination to find causes in other areas of life, this is no different.
The judge said murder is when you intended to kill or cause grievous bodily harm (that resulted in her death I guess). Manslaughter would be you accidentally caused it but didn't mean to, like hitting someone with a car while drink driving. You didn't mean to hurt them but are culpable. Here the fingernail marks and other scratches show she wasn't suddenly struck down with a single blow not meant to cause serious damage, she was really fighting back. You only fight back that hard if someone is seriously hurting you and for more than a few seconds. So there's intent to hurt her there, whether to kill or not, at minimum it meets the grievous bodily harm, so I'd find for murder rather than manslaughter. I don't think he planned this for weeks, I think something's happened where he's just lost it that night and acted out either rationally or irrationally.
To a point yes, but that could be giving the appearance of everything being normal, which does happen sometimes when someone is planning suicide, but the phone, nobody else would know if she hadn't charged it and it wouldn't matter. She just wouldn't and she didn't do that to make herself feel better KWIM?
Yes. I started in the overflow court, then after lunch I snuck into the main court room with one of our sisters.
the more I read your post ,Figgers, the more accurate it is.. it explains where he doesn't answer when Toni asks him ,' what about Allison, is she staying on?? ' he goes silent....
I had only gone as far as what was he blabbing about , there was no damn business to sell.. but your post made me think it thru all over again..
thanks for the tweet collection..
no. she did it because she expected to be needing it fully charged the next day.. ..
no intention of suicide.
2.46pm
Well, well well! Signs were coming in loud and clear today.
Also at 2.46pm today in the main court room,
I was watching ... just as that chair broke ! :HHJP:
What I saw though, was very very weird and I noted that the person sitting on it ...thought the same.
Whats remarkable, is that chair was front and centre.
The person moved out of it and the chair remained empty... whilst the court proceeded.
It was as if the chair was cleared for Allison.
What was being presented ... was exexexextremely important.
You will understand why , when you go back and read the 2.46pm to 2.47 pm posts. (Page23)
I think this is what "broke the camels back" :thud:
Did I miss something?
David Murray ‏@TheMurrayD 2m
Loud bang rang out through court. New chair being brought over. Proceedings paused
The juror is in a new seat, judge resumes
Gerard's role was simply to listen to his wife for 15 minutes every second day - Justice Byrne
Justice Byrne going through Allison's questions about the affair