Having taken several deep breaths:
1.) If the worst happened and a mistrial was declared that does NOT mean "she walks". It would mean a new trial. There are actually murderers who have ended up having three trials! Let us hope this one doesn't go that way.
2.) If I have read the motion correctly the Defense Team had Lonnie Dworkin of Compufor examine the hard drive. He testified that he found no




. In the motion the Defense is saying the reason he didn't find any




is because Menendez had already deleted the 1,000 files.
Why would Lonnie Dworkin of Compufor not have found evidence of those erasures when HE examined the hard drive? It is not like it was only one or two files, we're talking a thousand file deletions were missed?? On a computer that had NO FURTHER ACTIVITY after the death of the owner. Meaning that the "empty spaces" that are created on the hard disk when a deletion occurs would not have been filled in by later data being stored in those empty spaces on the disk.
I do NOT believe this situation is the result of any "virus". Now, I notice that Nurmi does not state who has conducted this latest "Forensic Analysis" for Ms. Arias. What if it is her high-school nephew? There is nothing in that motion that indicates who it was. And all Nurmi has to do is say that he believed it to be true, correct? In fact, could he not end up withdrawing this motion?
As Steve44 mentioned in his post, this can all be forensically tracked. The judge can order three independent firms to perform forensic analysis of the hard drive and see what each of them has to say. But that will take time.
I think there are all kinds of games being played here. And I think Mr. Nurmi is playing them. Remember, he wanted off this case. Badly. He applied several times to get off the case and each time the judge denied him. Well, now, I suspect he has made a kind of perverse game out of it for himself. And yes, I think he is trying to wear the Judge down to the point where she just says "Oh, hell, okay, I'll take the damn death penalty off the table".