A large portion of the content posted here has consisted of speculation about BM's character, many taking off from SM's assessment of him as "narcissistic" and as exhibiting the behaviors we associate with a very selfish and self absorbed man. This is an interesting way to pass the time and may be mildly therapeutic for us, but
@Momofthreeboys is right to point out that even if this were admissible in evidence, the evidence to prove BM's character is pretty thin and likely selective.
Just as important, the jury will not hear anything of this kind.
The prosecutors, whatever we may think of their competence, could never have considered attempting to prove that BM killed SM based on evidence of his character - including his prior bad acts - because it simply doesn't make the fact that BM killed SM in May, 2020 more likely. If it did, the hearsay rule and the Confrontation Clause would not be allowed to stand in the way.
None of SM's texts will be admitted for the truth of their contents, and if we want to understand better what is going on, we should begin to focus less on BM's character traits and more on the evidence that makes the elements the prosecution more likely. In the words of the jury instruction:
1. That BM,
2. in the State of Colorado, at or about the date and place charged,
3. after deliberation, and with intent
a. to cause the death of a person other than
himself,
b. caused the death of SM.
After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of murder in the first degree.
After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of murder in the first degree."
SM's out of court statements may be admitted to show her state of mind: that she was unhappy in the marriage (regardless of justification or lack thereof) and wanted to leave before MM2 left the home; that she had taken concrete steps to do so (e.g. talking and texting to BM about it; planning to look for a separate residence for herself and MM2). All of this evidence makes it more likely that BM intended to kill her to prevent the dissolution of the marriage and that he did so after deliberation.
Some will say it is not enough, standing alone. I agree. But it won't be standing alone. A circumstantial case is like a mosaic of evidence. Each piece is nothing but a bit of colored tile. It's only when you consider them all together that you see that they create a complete picture. Motive in the air proves nothing. But it's part of the picture the prosecution can build. SR can get our eyeballs to watch his show by making statements like, "BM is winning." But that's entertainment. Even SR knows the Super Bowl champions were losing - right up to the point of their victory.
Trials are a human endeavor, and humans are imperfect. Nonetheless, I remain confident that BM will not need suntan lotion this summer.