
Originally Posted by
coconut
Unfortunately for the prosecution, in this case, at least regarding the gunshot, it is very reasonable doubt. It is extremely reasonable to expect that if the gunshot was first, it did not kill Travis, and he could have continued to take actions to preserve his life over the next 90-120 seconds, including attacking Jodi.
It sounds crazy, right? OMG he got shot in the brain! But the frontal lobe is a great place to get shot. It does not control breathing or essential survival functions. And he was shot with a very small, weak weapon. His skull and facial bones stopped the bullet. Yes the outer part of his frontal lobe was injured. But it is not rare or impossible to continue life functions after being shot in the head.
And this is exactly why the Medical Examiner see-sawed under questioning. Martinez wants him to say it's 100% impossible. But it is extremely possible and he knows it, so he must admit it under oath. Not rare. Not a freak ocurrence. Documented by medical science and historical example, battlefield trauma, etc.
I think Martinez and the ME FUBAR'd the slam dunk part of their case. He changed his testimony and his mind, either him or Flores lied about who told who what when. They had great evidence and they shit the bed on this one. They could and should have shut the door on her. Mickey Mouse operation, really.