I have no idea what went on with the grand jury or how they dealt with Smit or Douglas. But, I dont think Smit or Douglas could have offered them much by way of explaining why the ransom note was written in the house. And, without that explanation...
Theres so much that we dont know: did the jurors completely reject IDI, or did they simply think RDI was more likely, or did they merely set it aside, only taking into consideration whether the incriminating evidence was incriminating enough? I dont know, Im not sure that it matters. Right now, I still cant understand how they came up with those charges. I mean, how much more obvious could murder be? What do they think happened? She tripped, fell and landed on a garrote? Very bizarre.
Still, Im not sure anyone should be too surprised. No judge, no defence, no rebuttals, no objections, no explanation for the note; the testimony of LHP alone could have had a huge impact, and the jurors may have also been influenced by their visit to the house. Even amongst IDI are many who believe that this was an inside job, and, you dont get any more inside that RDI!
.
Here are a couple excerpts from two different books that give some indication as to what went on in the grand jury proceedings. The first is from Forensics Under Fire; Are Bad Science and Dueling Experts Corrupting Criminal Justice. P. 193
Kane cross-examined these well intentioned and highly qualified men [Smit, and document examiners Rile, Cunnigham and Vacca] as though they were enemy defence witnesses at a criminal trial. The last thing Kane needed were four credible witnesses tearing down a case that was already weak, and he took out his frustration on them. Howard Rile, the former Colorado Bureau of Investigation document examiner, was stunned and shaken by the viciousness of Kanes attack. He would later describe his grand jury appearance as a nightmare. After he recovered from Kanes unprecedented assault, Riel asked for a second chance before the panel. Kane denied his request.
In his latest book, Law and Disorder, Douglas writes a paragraph or so about his grand jury experience:
when I got into the grand jury room, they let me read my notes pretty much verbatim into the record, including my candid observations on many of the key players.
Two of the grand jurors had backgrounds in science, so I knew it would be important to explain to them what I did and how we had developed the discipline. I recall one member asking me something like, What if we told you there was evidence that two people were involved in the crime?
Ive investigated and testified in cases in which I thought there were two people involved, I replied, but I dont see it here. Then I added, But if you actually have the evidence you mention, then why am I here? Why are you talking to me? Go with your evidence.
He backed off. p. 206-7
...
AK