bathtub, and there was a gash on the back of her head. doug burns, former federal prosecutor is with us, joseph joe, it s okay to call you joe, right? of course. jenna: criminal defense attorney. nice to have you both. thank you. jenna: as we continue to see this case, doug, move from the hair say part where the hearsay part where the prosecution was introducing a lot of she told me this to now medical testimony. what is key here for the prosecution? they need two things to sort of align absolutely perfectly in order to prevail in this case, and it is possible that this is going to happen. the first thing that they need to align is you have what lawyers call a battle of the experts, one expert, excuse me, says it s an accident, right? and that s the way it was ruled the first time around. they then exhumed the body, now they say it is a homicide, and they have pretty potent experts, including dr. baden, who say it s a homicide. that gets you past step one. step two, obviously
any kind of credibility to that, that s a big problem. jenna: john, big win here? yeah, i think they re showing there s another theory to it that the prosecution s not showing, and as long as the jury could harness that and digest that, i think that might be enough for an acquittal. jenna: i m just curious with your opinion as a defense attorney because the defense made that argument in public before this case went to trial. the jury probably they weren t there, present for that, whether or not they heard about that is another story. but what do you make of that defense making that argument way back at the beginning of this case and now just completely abandoning it? i don t think the defense did their homework on spray tan because we know it s mostly sugar jenna: wait a minute, you re admitting to a spray spray tan onset with us? you just plead the fifth with that. [laughter] it s not a good defense, but i m sure they want to put something out there in the public to backtrac
established she had fainting spells and. easier to strangle. why is the h husband s engine warm at 6:30 in the morning? why is the husband fully dressed at 6:30 in the morning? correct, correct. he wasn t. he was fully dressed. you know what, the biggest problem here is you are believing the defense lawyer s papers. he was fully dressed and he met the emts at the top of the slept. and by the way, he hadn t slept in his bed. why does the first responder say he was in his bocker shorts and t short. there is no surveillance in that gated community that will show that he was out and about. innocent as charged. innocent as charged? the number of eyewitnesses that saw him in the house that night is 0.0, okay. let me tell you what is going to happen here. a battle of the experts but if
established she had fainting spells and. easier to strangle. engine warm at 6:30 in the morning? why is the husband fully dressed at 6:30 in the morning? correct, correct. he wasn t. he was fully dressed. you know what, the biggest problem here is you are believing the defense lawyer s papers. he was fully dressed and he met the emts at the top of the slept. and by the way, he hadn t slept in his bed. why does the first responder say he was in his bocker shorts and t short. there is no surveillance in that gated community that will show that he was out and about. innocent as charged. innocent as charged? the number of eyewitnesses that saw him in the house that night is 0.0, okay. let me tell you what is going to happen here. a battle of the experts but if
established she had fainting spells and. easier to strangle. why is the h husband s engine warm at 6:30 in the morning? why is the husband fully dressed at 6:30 in the morning? correct, correct. he wasn t. he was fully dressed. you know what, the biggest problem here is you are believing the defense lawyer s papers. he was fully dressed and he met the emts at the top of the slept. and by the way, he hadn t slept in his bed. why does the first responder say he was in his bocker shorts and t short. there is no surveillance in that gated community that will show that he was out and about. innocent as charged. innocent as charged? the number of eyewitnesses that saw him in the house that night is 0.0, okay. let me tell you what is going to happen here. a battle of the experts but if