I assume the defense's case relies on a story that he was shot first, didn't go down, kept coming after her, until she killed him with a knife. So the defense is trying to refute the ME's opinion that the stabbing happened first.
ETA: They want the jurors to think the ME is changing his story to fit the prosecution's theory. Remember they grilled the ME about this, i.e., "didn't you tell Detective that he was shot first?", and the ME was getting really pissed.
This is from a hearing on 8-10-09 concerning defendants Request for Determination of Probable Cause on Alleged Aggravating Factor. The Court found there was probable cause which opened the door for the death penalty to be sought. In the evidentiary hearing the State argument was:
"Cruelty
A first degree murder is especially cruel if the victim suffers physical pain or mental anguish and the defendant knew or should have known that the victim would suffer. State v. McCray, 218 Ariz. 252, 259, ¶31, 183 P.3d 503, 510 (2008). To establish this aggravating factor, the State does not need to prove that the victim was conscious for each and every wound
inflicted. State v. Sansing, 206 Ariz. 232, 235, ¶10, 77 P.3d 30, 34 (2003). Physical pain may be found where a conscious victim physically suffered for at least a short period of time. State v. William Herrera, Jr., 176 Ariz. 21, 859 P.2d 131 (1993) (finding victim was lying on the ground with a gash in his head for at least 18 seconds and possibly as much as two to three minutes).
The State presented evidence that the victim was first shot on the right side of his head near his eye with a .25 caliber handgun and that the bullet lodged in his left cheek. This wound was not fatal and may or may not have rendered the victim unconscious. The victim did not remain unconscious based on the infliction of the other wounds and the location of blood spatter evidence in the bathroom sink and blood in the hallway. In addition, the defendant told the police that the victim was unconscious after being shot but then crawled around and was stabbed.
The victim was then stabbed 27 times in the back, shoulders, head and chest. Cuts on the hands were defensive wounds from grabbing the knife. With the exception of two wounds, these wounds were not fatal. The two fatal wounds were a deep stab wound to the chest and then a cut
across the throat. While conscious, the victim would have felt pain and mental anguish associated with these multiple wounds.
The Court finds that the State has proved that there is probable cause to believe that the offense was especially cruel under the theory that it involved both physical and mental suffering of the victim."
The full minutes can be read here:
http://www.courtminutes.maricopa.gov/docs/Criminal/082009/m3846408.pdf
