the prosecution suggested the couple was stalking her. then, in the early hours of december 18th 2013, with heather s roommate out of town, the prosecution said that the couple struck. it began here, the prosecution showed the jury surveillance video of sydney walking into a walmart and purchasing a pregnancy test for heather. as soon as they leave for walmart, they go and call her. why? because the test is for her. the prosecution s theory was that sydney had called heathered to come and get the test. and then meet up with him later at the landing. they said what s she didn t know was that tammy would be there to. there is no doubt, sydney is the bait. he s debate. prosecution admitted that they couldn t say what happened to head there at the landing but they asked the jury to use their common sense. investigators show the jury of a photo of several items on the
his levels to be very high. what did you find in this case? his levels are consistent with someone who has fired a firearm, certainly, but they are not extremely high. the defense argued that brian did have gunshot residue on his hands, proving he could ve killed tammy. certainly that is not the only way in which gunshot residue can be had, but it is consistent with firing a gun. and there was the prosecutions theory that the gun in brines hand had been placed there after his death. that he could never have held on to it after being shot himself. the state claims that it would ve been impossible for brined to have that gun in his hand, given the severe injury that he sustain to his arm? the many people have a death grip. if you are shot and you have something in your hand, you squeeze it tighter. and the idea that brian would never have had a gun?
consistent with someone who has fired a firearm, certainly, but they re not extremely high. and the defense argued that brian did have gunshot residue on his hands proving he could have killed tammie. certainly that s not the only way in which gunshot residue can be had but it is consistent with firing a gun. and there was the prosecutions theory that the gun in brian s hand had been placed there after his death, that he could never have held on to it after being shot himself. the state claims it would have been impossible for brian to have that gun in his hand given that severe injury that he sustained to his arm. that was hogwash. many, many people have a death grip. if you re shot and you have something in your hand, you squeeze it tighter. and the idea that brian would never have had a gun, a friend of brett s, robert bauer says that s just not true. he wasn t asked to tell his story in court but says that a
and then there was nici s bracelet, that gift from david, the source of her joy. david had told police it had vanished, along with his wife. everybody assumed that, who knows, the killer took it. soon after david s arrest, police learned from co-workers that he had the bracelet all along. david said he had a bracelet that he had taken to a pawn shop, and he thought that the guy was trying to rip him off. he was trying to hock it, make a few bucks. trying to make money. and that spoke to his cover-up. his involvement. sure. absolutely. and that he had lied to police in the beginning and saying he didn t know where that bracelet was. still, one piece of the puzzle didn t fit the prosecution s theory, that saturday phone call made from nici s cell phone to the 24-hour fitness gym where david worked. this is evidence that at around noon, she is alive on saturday. right. using telephone company records, prosecutors argue the origin of the call could be placed within
and he thought that the guy was trying to rip him off. he was trying to hock it, make a few bucks. trying to make money. at some point. and that spoke to his cover-up. his involvement. sure. absolutely. and that he had lied to police in the beginning and saying he didn t know where that bracelet was. still, one piece of the puzzle didn t fit the prosecution s theory, that saturday phone call made from nici s cell phone to the 24-hour fitness gym where david worked. this is evidence that at around noon, she is alive on saturday. right. using telephone company records, prosecutors argue the origin of the call could be traced to within a few blocks of the gym where it was received 6789 what you re saying is there is a 90% to 95% probability that the phone was in this reddish/orangish sector when it was being placed. that is correct. it became very clear, that call was placed from the 24-hour fitness gym when david pietz was working there. hardly conclusive evidence