I recall when we had this conversation previously about lawyer speak. I said that for me, "rush" means they arrested these two before they had all that they need to successfully prosecute them and get their conviction. Given the NP on murder, it looks like I got that one right so far.
What I said today is, "the third party guilt motion is more likely related to arguing that the state rushed to judgment and failed to consider or pursue other directions that should have been part of their investigation. I don't think the defense is married to any particular third party scenario."
Reading the language of the defense, the references to the state's case are definitely lawyer-speak because they're lawyers who want their clients off the hook. So I don't see them trying to come up with some tale of a particular third party that associates their clients with this crime. I believe they want to simply postulate that another scenario is possible, and in addition to the lack of physical evidence of any crime, they just might get that one to fly. That was my point.
As for DNA, the state waved that one around, only to have to admit that it was Heather's from her own car. ??
The state blew its murder charge. Maybe they can get their kidnapping conviction, maybe they can't. If the defense is successful in their motions, and all the state has left is a theory and car at a landing that wasn't processed when it was found, then the kidnapping charge may drop as well. I personally don't see this as a corrupt judge problem as much as a fumbled case problem. As I said previously, I think Heather and her family deserved more.