I have a difficult time believing there has ever been too much traffic on Lochmere Dr at 6:30 AM on a saturday morning to make a left turn. JMO
I don't buy that either. After watching the video depo of BC discussing that trip, I think he was lying. He appeared to have very sharp recollection of his first trip to HT and other details of the morning but as to the second said he may have gone another way and really couldn't remember b/c he went there so much.
IMO, he didn't know if for some reason someone saw him head out that way and had to acknowledge that direction of travel which I agree does not seem to be the way to go. He makes 2 trips within short order but goes two different ways, and recalls one clearly but not the other?
I also found his recounting of the morning from 4:30 to 6:30 to be generally suspect, IMO.
Watching that video reinforced to me why I thought he did it in the first place.
Nevertheless, the call from the house has to be dealt with and highly likely at least one witness who claims to have seen Nancy out that morning.
Also, for what it is worth, depositions, affidavits and the like are testimony but not evidence in the trial unless and to the extent allowed by the judge. Deposition questions carry on with no one to rule on objections unless and until the deposition is sought to be introduced at trial (they serve as discovery devices as well as testimony). Generally, an objection can be brought up at that point if the question was flawed. Often, depositions are used for impeachment or the threat of that, to keep a witness consistent with prior testimony.
The opening statement is a forecast of evidence, but the attorney need not bring evidence of each statement made and of course can bring in more than what was mentioned. It should go according to the old 3 step method of communication:
1. tell 'em what you're going to tell 'em (opening statement)
2. tell 'em (case)
3. tell 'em what you told them (closing argument).