My observations based on the reports regarding the various motions
1 Unless I missed something, the last couple of days have been an almost complete sweep for the prosecution, as almost every motion was denied
2 The few they got a "yes" on were the requests regarding his internet usage which revealed his deviant
addiction. That helps explain a few things we've long suspected, as to who/what/how/why this predator acts as he does. And to me, it's another hint that we might look more closely and see if this is a serial predator for whom CM wasn't his first extreme act. The narrative that this was a loner kid who simply went to a party and got caught up in a "one bad mistake leads to another" night is looking more and more unlikely, the more we learn. Scary.
3 Otherwise, was that it? Did the defense have success anywhere else at all? Even part of what the defense appeared to have gotten suppressed on day 1, was reversed and they lost on day 2, regarding EA's toll records.
4 There were also a few questions left undecided, from what I read. One was the change of venue request (to be decided tomorrow). The other was a technical motion about a demand for a legal definition (called "election of acts"), which is actually important and necessary, but extremely unlikely to have any meaningful repercussions or cause any suppression of evidence.
5 At this point, we now have a definitive answer to the question of whether there was something of real substance driving all the motions being filed. The answer is "no." This was due-diligence lawyering, trying to whittle down the cards that the prosecution can play at trial, - but with almost no success whatsoever.
6 My analysis is that Gore is working this case like a pro, facing a stacked deck. There are two avenues he has used in other cases, where his client was dead in the water, and I think his strategy here will be the same.
(a) He first tries to whittle down the evidence, on the off chance that he can increase the chances of a win for his client. That's been done now, and didn't really work at all.
(b) The other bullet in his gun is to find the optimal point to negotiate a deal, to gain some downside protection for his client, and there are several windows but each comes with more issues and some risk, and the offers will get worse the longer it gets in the process without any prior success. His first window is in the next few days, and is probably his best. But any deal here will be fairly complex (yet valuable) for both sides, as it would need to include things that extend beyond the confines of this trial. (The prosecution won't offer a deal without his admission of guilt and a confession/location of where CM is, and the defense won't give those up without a firm limit on the punishment for any and all of it.)
1 Unless I missed something, the last couple of days have been an almost complete sweep for the prosecution, as almost every motion was denied
2 The few they got a "yes" on were the requests regarding his internet usage which revealed his deviant
addiction. That helps explain a few things we've long suspected, as to who/what/how/why this predator acts as he does. And to me, it's another hint that we might look more closely and see if this is a serial predator for whom CM wasn't his first extreme act. The narrative that this was a loner kid who simply went to a party and got caught up in a "one bad mistake leads to another" night is looking more and more unlikely, the more we learn. Scary.3 Otherwise, was that it? Did the defense have success anywhere else at all? Even part of what the defense appeared to have gotten suppressed on day 1, was reversed and they lost on day 2, regarding EA's toll records.
4 There were also a few questions left undecided, from what I read. One was the change of venue request (to be decided tomorrow). The other was a technical motion about a demand for a legal definition (called "election of acts"), which is actually important and necessary, but extremely unlikely to have any meaningful repercussions or cause any suppression of evidence.
5 At this point, we now have a definitive answer to the question of whether there was something of real substance driving all the motions being filed. The answer is "no." This was due-diligence lawyering, trying to whittle down the cards that the prosecution can play at trial, - but with almost no success whatsoever.
6 My analysis is that Gore is working this case like a pro, facing a stacked deck. There are two avenues he has used in other cases, where his client was dead in the water, and I think his strategy here will be the same.
(a) He first tries to whittle down the evidence, on the off chance that he can increase the chances of a win for his client. That's been done now, and didn't really work at all.
(b) The other bullet in his gun is to find the optimal point to negotiate a deal, to gain some downside protection for his client, and there are several windows but each comes with more issues and some risk, and the offers will get worse the longer it gets in the process without any prior success. His first window is in the next few days, and is probably his best. But any deal here will be fairly complex (yet valuable) for both sides, as it would need to include things that extend beyond the confines of this trial. (The prosecution won't offer a deal without his admission of guilt and a confession/location of where CM is, and the defense won't give those up without a firm limit on the punishment for any and all of it.)
lease:
