Thanks, Coastal, for the summary of the podcast. I can round out the list of what they stated regarding the judge's notes. The judge rejected nonsuit dismissal for wrongful death and battery, with the following notes:
—Front door & kitchen door unlocked
—Guesthouse not secured for 3 hours
—Search warrant not served until 6:30pm
—While the knots are simple,
picking the right knot is important
—Women’s underwear found in guesthouse
—911: Adam says, "I got a girl hung herself
in guesthouse”
—Eyewitnesses (emergency responders, etc) connect Adam to scene & he places himself there.
—AS acknowledged he loosened rope to take Rebecca's pulse, but his DNA not on rope
Also, Caitlin wonders aloud if plaintiff can call rebuttal witnesses in civil trial. Yes, they can:
http://www.lawfirms.com/resources/lawsuits-and-disputes/litigation/civil-trial-process.htm According to this, plaintiff also gets a rebuttal closing statement (ie: the last word!).
I was very surprised that in this almost 1 hour discussion, it is not mentioned that Greer did a wonderful job at impugning witness Jonah S. by showing that he both changed his story regarding Rebecca's association with knot tying from the time of his deposition and also made implications that didn't line up with the realities. Jonah said he'd never seen her tie anything but her shoelaces in his deposition, but now has added she ties up his boat. Not only is that a change in story, but it turns out there are ZERO knots involved in securing the boat, which Greer had shown by way of live demonstration from Jonah himself. Greer then went picture by picture with every knot binding Rebecca, asking if he'd ever seen her tie a knot like this one? No. Like this one? No. I felt this was hugely significant, but not mentioned in Caitlin's wrap up.
With regards to the outline of DNA witnesses this week, I have the following questions that I hope will be focused on by Greer with rebuttal witnesses, if they were not already handled in cross:
1. Witnesses are said to have testified that Adam's DNA is specifically EXCLUDED on all key items at the scene. For years, LE has stated there was NO other DNA at scene or DNA with samples too small. Those samples were soooo small that no DNA was collected from other POIs (Dina, Nina, Jonah) because it would be futile. How do you specifically EXCLUDE Adam on non existent or too small to be tested DNA...???
2. LE used lack of other DNA as a rationale for their suicide determination, but their own experts state over and over many reasons someone might not leave behind DNA--non-shedder, specific surfaces, just washed hands. This seems a contradiction to me, are they not right there making the strong case that absence of evidence is not evidence of absence? Thus, zero basis to conclude suicide due to DNA evidence...
Hope Greer has or will introduce the underwear in the guesthouse and point out the "in the guesthouse" 911 comment, per judge's interest in these items as bolstering plaintiff's case. I think he's gotten to all the other points she made, meaning he can bring them into his closing argument.