Frizby, many thanks for the link to the replying motion.
I really do not see how this adds anything to the defences motion. We have Ms Blue who states, in her own words, 'it appeared that they were having an animated discussion'. (BBM) They have provided no evidence that the discussion which took place had anything to do with the case. The fact remains she does not know what the conversation was about it could have been one of a multitide of subjects.
I would also point out that I find it strange that an individual who had been attending to the trial so much that she could name the jurors watched two people in a car for 10-15 minutes but did not think to go and tell a court official about what she had seen until a verdict had been handed down the following day.
With regards to Mr Graham's evidence, again, I am not overly convinced by what he has to say. He mentions other jurors discussing evidence and, when reminded of the courts instructions, they stopped. He states he did not think it was his duty to tell the court until after the verdicts were handed down.
The last time I checked the Judge mentions at the start of every sitting whether the jurors have been following the Court's instructions. Mr Graham must have indicated yes at all of these times. He had a multitude of opportunities to bring this to the Court's attention, he did not. Mr Graham was also not privvy to the jury deliberations so cannot say what things the jurors took into consideration when reaching a verdict.
I still find their arguments in respect of Ms Perez nonsensical. She has never stated that her becoming pysically sick was soley due to either the content of photos or not eating breakfast. The Court record indicates that she states her becoming sick was due to '.... a combination of'.
Even with this amended motion, I do not think it reaches the bar to render a jury's verdict unsafe.
All comments are in response to the newly filed motion as linked by Frizby at post #823
All IMO