I wish I could be as could be as sure, but I'm just not. The state almost completely avoided the chloroform in their closing and IMO the jury will notice that and wonder why. You don't spend days on forensic evidence to prove chloroform was involved and then barely mention in it closing unless there's a problem with. I think the duct tape is their strongest shot at getting a first degree conviction, premeditated. MOO
I agree with you that you don't spend days on forensic evidence about chloroform, then almost ignore it in closing. I think the state avoided the chloroform searches on the final day of closing because the DT filed some motion about those chloroform searches.
In regard to those chloroform searches. Stengar initially used a tried and true method for searching the A's computer. The result was 1 how to make chloroform hit, and 83 myspace hits. Then after taking a seminar on the cacheback program he tried using it, had problems and the guy who wrote the cacheback program tried to run a search. The programmer worked 3 different nights fine tuning and adjusting the cacheback program. Finally yielding a report that said how to make chloroform was searched 84 times, however, there was no hits on the myspace page. Obviously, there is a problem here.
My problem with all this is that not only did JA and LDB know that this search was obviously problematic and was totally different than the original tried and true search, but they hammered it home repeatedly to the jury. Now they can both claim it was an innocent mistake on their part, or they honestly believed the cacheback report was correct, but this is one of the single most important pieces of evidence in this trial, and they had to know about both searches and the discrepencies between them, they are way too good not to have checked this out thoroughly. They took a chance that JB and team would miss it, but they were mistaken.
That leads to real problems in the integrity of the states case. If the state was willing to use the inflated number 84 how to make chloroform searches and hammer it home to the jury numerous times, what other evidence that has been presented is also an innocent mistake? Do we really give the death penalty to anyone because of a computer error? Because the state used the 84, it makes me wonder about the duct tape as well. Perhaps someone misspoke about the original location of the duct tape.
GG this reply to your post was made in the spirit of jurors deliberating in a deliberation room. Your posts have been very thought provoking, and I enjoy reading your posts very much.
As always, my entire post is my opinion only.