So, his defense is that he found her suddenly dead, didn't bother to call 911 or make any attempt to save her, but instead panicked, which led him to the most logical next step, dismemberment.
I can't wait until the judge allows/introduces the concept of consciousness of guilt.
The Defense, attempting to bend interpretation and declare his subsequent actions as a result of panic, Durban wasn't to be blamed, presumably for something he didn't do...
When actually his panic isn't in question. He was probably panicked, suddenly having a dead wife to deal with, with no plan.
So the question before the jury IMO will be: why was he panicked? Because he felt he'd be blamed. Because he didn't do it. Or because he did.
Question of the hour: does Brian need to take the stand to answer to that panic? Disastrous if he does. But I can see him thinking he can be believable...
He did not roll her up in a rug, bury her wrapped in a blanket in a shallow grave, if we were to grant him any latitude. What would a reasonable person do, who found his spouse suddenly deceased AND felt he'd be blamed... you'd have to suspend reason to grant him even that. Any reasonable person would hope against hope she could be resuscitate, that would be the panic.
Worse than all that, he dismembered her and disposed of her in the trash. The jury gets to weigh that.
What is not being said: it is true that no one knows how Ana died. Could Brian be acquitted because the jury came say for certain he killed her? It's a fair question. But the thing nor being said, if Ana had died of sudden, unexplained death, Brian himself wouldn't have known what caused it (unless he is going to make one up, in the stand. Fell in the shower, hit her head on a lamp, overdosed, etc, etc), why would he OBLITERATE the very evidence that could now exonerate him? Recover her remains, perform a proper autopsy, show the natural cause of death, no trauma, no homicide.
He destroyed her body. He did not want any part of her found. Because he panicked? (Yes, he panicked all right, but not because he found her suddenly dead and feared he'd somehow be blamed -- huh? Who would blame him if she died of a heart attack, of an embolism, of a stroke? He was already afraid he'd be blamed for her death of unexplained sudden death???? Nah. He was panicked because he just killed her. Probably a pretty charged, panicked moment.) IMO he had to cover up, not just her death, but the MANNER of death. I don't know what it was but here's HIS brain leakage -- something he didn't to her made calling 911 not an option, because it would have been obvious she didn't die naturally.
Like broken teeth.
Cover up, consciousness of guilt, hacksaw, murder.
JMO
