Maybe Grusing did. We haven't seen the interviews or read the transcripts of them.
I like a direct, confrontational approach myself. But how does it benefit the end game? Grusing seemed to think BM's body language was as clear as his words. It would be interesting to see that.
I empathize with your viewpoint but why not beat up on the hapless Cahill? Now there's a man with a lot of responsibility (one of the 1st to interview our chipmunk killer), who was and is a potential hindrance to the prosecution's case.
JMO
I don't fault the investigation. There are always judgment calls we may disagree with, interview styles we may like or not like, and even mistakes and missteps. But the investigation produced overwhelming evidence of BM's guilt.
I think Judge L has made serious errors in judgment in this case and that his reasoning, to the extent I can know it, is flawed.
But these human elements, common challenges to any prosecutor, are not the reason the case against BM is so damaged that the current, recently appointed lead prosecutor (how many have we had - 3 now?) believes the case has been crippled beyond saving.
We are at this point because Linda Stanley filed this case before doing what any competent trial lawyer would do - what she had an ethical responsibility to do - recognize that before filing this very complex evidentiary case, she needed to do what Cahill has suggested and make sure all the evidence needed - including expert reports - was organized and prepared before the case was filed, so that discovery issues were minimized and that all the essential evidence would be admitted in evidence. Also, that she had the right team in place from the beginning to prosecute this case effectively
If she had made sure that was done, the prosecution of this case would not have been so chaotic and Judge L would not have had a basis for his crippling order excluding testimony.
Why didn't she perform her professional responsibility? The decision makers said there was no perceived urgency, the investigation had produced abundant evidence, yet the prosecution could not get its act together after the case was filed, despite having multiple chances.
How much has this investigation and prosecution cost the taxpayers of the 11th JD, the State of Colorado, and the United States? All for naught, according to the prosecution's Hail Mary motion.
Unfortunately, the only accountability left in this case may be for the voters in the next election, who should be righteously outraged at this outcome but who may or may not understand who has let them down.
