At this point in the trial, the defense has introduced a few scenarios that the jury will have to take into consideration during deliberations about guilty beyond a reasonable doubt. Others may be forthcoming, and all made clear during their closing arguments at the close of the trial.
1. There doesn't appear to be any video or images of who was driving the black Jeep.
2. The keys to the Jeep were left out in the open at the home where CS and KA lived, and the security code to their home was given out to many individuals.
3. CS bought a gun for KA because of the dangers in Austin related to road rage and break-ins and other dangerous situations. So it is possible that KA kept the gun in her vehicle for protection while driving around Austin and their isolated rural business location. So this could mitigate against a finding of premeditation for the jury.
4. With regard to the DNA found on the bicycle, the defense has established that MW rode on the motorcycle with CS while holding on to him during the ride. She could have transferred KA's DNA to her bicycle when back at her residence whle movivng it. This would be transfer DNA from KA to CS with whom she lived and her DNA would likely be all over his clothing, items, even his body. So this casts reasonable doubt on the DNA finding.
5. Under questioning by the defense, CS stated that KA wasn't particularly a jealous person (based on his experience related to his past daliances with other women), and that he didn't experience her at all as a violent person, but rather as kind, etc.
I am sure that there are other strong points made by the defense, the above are not meant to be all-inclusive, but just those that stood out to me as I read the transcripts of the last few days of the trial. I think the defense is doing a good job given what they have to work with, and even if the jury finds KA guilty, I suspect that there will be a lot of sympathy for her during the sentencing phase when the defense is able to introduce the crime of passion argument. Especially after they have watched CS on the witness stand.
I did find it interesting that the defense appeared to challenge CS's description of the platonic nature of his relationship with MW at the time of the murder when they asked him if suggestive photos were texted between them. It seems that in the past that took place with his former dalliances, and the defense appeared to be casting doubt on his statment about his current relationship with MW.
Just some thoughts about the defense's case up until now. I am sure there is more to come.
