Uncle fester wrote: Fri Jan 19, 2024 8:43 pm
Oh yeah, forgot Dinghy Guy is all over this.
It's a culture wars prosecution, what did you expect ?
If it goes to trial, & that probably depends more on if the DA is up for election than any facts of the case, I'll give you the case for the defense.
When the prosecution firearms expert gets called, they ask him about his background, & qualifications, & how many cases he's pulled, & he'll establish his bona-fides; then they'll go thru what tests he/she went thru that led them to the conclusion that the gun couldn't be fired without pulling the trigger .... and then they'll ask about the condition of the gun, & if it was damaged .... & then he/she will admit the gun was damaged between the fatal shot & getting to them, & the lawyer will ask how they tested a broken gun, & they'll explain how they had to rebuild the gun, & then tested it !!
Then on their own turn, the defense will call the first expert witness, who will be just as much an expert, & the prosecution called first !!!
and they'll explain how they concluded that the gun was in a dangerous state, & could be fired without pulling the trigger.
That's called reasonable doubt in any Court, & in their summing up, if it ever gets that far, the defense will just pose the simple question; "Why did the DA go looking for a different expert, when his preferred expert told him the defendants story was possible ?