I disagree and probably should have added a disclaimer to my earlier post where I linked LT Gallagher's testimony from the first trial regarding control of the CPD Sally Port doors by the dispatch center/computer. I apologize for this.
First, I believe without a doubt that Officer Dever saw what she recalled in vivid detail and reported to the FBI under oath! She did not
misremember anything.
Instead, I believe it was the
timeline by the defense (that Dever later compared against her testimony to the FBI)
that was in error! In other words, this is why the defense did not further challenge Dever. Dever took advantage of an injustice on the defense... and in my opinion, karma has a long memory.
To be clear, in addition to the inverted Sally Port videos the CW produced for the first time in the middle of the first trial, the defense timeline error was also the result of a gross discovery violation by the CW where the Court failed to remedy the situation -- ruling the CW had no duty to preserve the evidence in secure form (no meta-data, no secure file, etc) and where the defense used unreliable information they could not verify to create a timeline, and Dever took advantage of the defense's error. The Jury instructions to explain the CW discovery violation are yet to be seen.
TBH, I have little confidence this will happen after the Court failed to allow a Motions hearing on the matter pretrial. I had to walk from this case in advance of trial 2.0. The rulings by this Court pretrial were beyond anything I'd ever seen before, and were just too much for me!