In my opinion, the arguments brought up by the defense in this motion are reasonable. If JS dismisses this motion, I think the defense will use the dismissal later as one of the grounds for appeal, should Casey be convicted.
This motion brings into question whether or not LE has used tunnel vision in this case. Once Casey became their main suspect perhaps LE was not quite as zealous in investigating other possible suspects. Had LE paid closer attention to the red flags in the statements made by RK, they would have uncovered the findings in this motion. Perhaps they did investigate but had not yet released the results to the defense. If JS allows these findings to be used at trial, it could hurt the states case. IMO he will most likely dismiss this motion.
The unofficial survey at WESH tv has nearly 3,000 responses. 89% say RK should not be considered a suspect. I am one of the 11% who say RK should be a suspect. I consider the circumstances with RK finding the remains to be odd. IMO this motion only bolsters the oddity of those circumstances.
For over a year we have heard the medias interpretation of the evidence we know of. Aside from a couple little peeps from the defense about junk science, we have heard precious little from the defense about evidence.
The media has indicated this trial will be a battle of the forensic experts. My interpretations of the docs we have available leads me to believe the prosecutions theory is likely. However, since we have not yet heard a cross-examination from the defense (and wont until trial), I am curious to find out if the defense will present a theory that is also likely.
The media is powerful, but not necessarily just. Michael Jackson was portrayed by the media as a hero, then as a zero, then back to a hero again. The media is fickle. If for monetary purposes the media thought they could make more money by taking Caseys side now, IMO they would do it in a heartbeat.
It may well be my imagination, but it feels to me there is a slight change afoot. This motion is only the beginning for the defense, a molehill in the mountain of rebuttal I expect to surface from them.
I like to keep an open mind until Ive heard both sides of the story, it gives me a better grasp on the whole truth. In my opinion, this motion is only the beginning of the defenses side of the story.