lamlawindy
Verified lawyer Indiana
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Right One would think so anyway
So...we’re back to the beginning. How would the defense introduce this? It could go quite haywire, right?
A trial can always go haywire! We're dealing with human beings under pressure, after all!
However, if -- during the discovery process -- it becomes clear that investigators did not just rush to judgment on a single person, then the defense would most likely use a different theory.
However, if the defendant was still intending to introduce such a defense, then perhaps the defense would attempt to show -- again, probably through cross-examination -- that the investigation's real target was always Barry Morphew from the beginning.
One thing that still appears to be a
a problem for the State is a seeming lack of motive on Barry Morphew's part. People have speculated a lot regarding finances & marital relationship, but there has been next to no evidence made public as to why Barry would harm Suzanne. While motive is not an element of an offense, juries reasonably want to know why a person would hurt a loved one. IF the State eventually charges Barry Morphew with anything & it does not also have good motive evidence, then -- regardless of how thorough the investigation may appear -- the defense may decide that the "narrowed-too-soon" defense is viable.