BAM is the key piece of evidence linking him to this crime, even if all the other evidence is thrown out.
He admitted to owning it, to having it present in the home, to understanding how to administer and reverse it, and in my mind he confessed to discarding it on his way to Bloomfield. Evidence of recent usage of the means-to-administer (a needle sheath) was present in the laundry. There is also evidence of a struggle in the home (broken door frame). What a set of coincidences. He is the most likely person to have administered BAM, beyond any reasonable doubt.
However, I think Barry has a very good chance of beating a conviction based on the Karen Read defense model. In that case there was digital evidence, physical evidence, and DNA evidence of a car accident but the jury was persuaded that no collision occurred because any trust jurors had in the system was destroyed due investigator misconduct.
It has been very easy for Barry and his attorneys to do the same thing here. They have seeded the community with doubt about this investigation, both the conduct of the former prosecutor and the prior dismissal of the case won't help. The area where he will be tried has a natural pre-disposition not to trust the government. Jurors may disregard the evidence entirely.
You are going to see a very similar template in the defense plan here. That the investigation is fatally flawed and every gap in the data is an opening for a conspiracy and rush to judgement.
From the above post :
“In that case there was digital evidence, physical evidence, and DNA evidence of a car accident but the jury was persuaded that no collision occurred because any trust jurors had in the system was destroyed due investigator misconduct.”
I think we must have watched different trials and listened to different jurors interviews ! Yes there was corruption in the ranks of LE but there was also was no evidence of a collision.
- Digital evidence ? showed John still alive after the Prosecution put his time of death
- Physical evidence? - John’s injuries per all the medical peeps were inconsistent with a collision. Looking at his arm injuries it was pretty obvious those were done by a dog.
The scraps of taillight scattered around where the body was found kept appearing for weeks - 47 pieces in all - but none found in the original search that morning when they cleared the area with that leaf blower. There were extra pieces lol
- DNA evidence of a car accident? I honestly don’t recall any
And perhaps the biggest piece of the puzzle - ARCCA the accident reconstructionist hired by the fbi - not the defense - came to the conclusion that John’s injuries were not the result of being hit by a vehicle.
There was no evidence of a collusion.
So not so similar.
If they want to claim “egregious” prosecutor malfeasance - well Linda is long gone. And btw so is Iris. How long can you beat a dead horse.
Iirc Iris’ strategy was to hammer the “rogue” dna, to paint the victim as an ungodly woman involved in a scandalous affair, and bury the understaffed DA’s office in paper. And then they had the Iris factor. Love her or hate her she could command a room and garner attention and headlines.
New ballgame. New prosecutor and resources. Mostly new LE. New Defense, new evidence. It’s no longer a no body case.
I heard maybe the defense would try to float it happened during the autopsy. The bam was put into the bone then. Totally ridiculous and I imagine they film/ record those autopsies.
But.. Let them. I see nothing but a guilty verdict this time.
JMO