wasapi
Penultimate Amazing
- Joined
- May 27, 2008
- Messages
- 17,585
Wellllllll....... I still go back to the point that it's not up to the prosecution, in this example, to prove that there was no intruder. (snipped)
So to go back to the Routier case, it's the job of the prosecution to prove that a) every single piece of evidence (and lack of evidence) is compatible with Darlie Routier being the murderer, and b) the only reasonable conclusion to be drawn from the totality of evidence (and lack of evidence) is that Darlie Routier was the murderer. If any single piece of evidence is incompatible with Darlie's guilt, then it's a near-terminal problem for the prosecution. And if the whole evidence set can be explained by an alternative reasonable scenario in which Darlie is not the killer, then this indeed is a terminal problem for the prosecution.
In this case, it appears to me that the prosecution has met its burden of proof on both counts. I believe that, for example, the "intruder" evidence - and lack of evidence - is in fact wholly compatible with a no-intruder scenario; and I believe that the totality of the evidence (and lack of evidence) has only one reasonable conclusion: that Darlie was the murderer of her two sons - for many reasons, perhaps chief among which is the motivational reason of quite why any mythical intruder of any kind would break into the house, then kill the two children with a knife taken from within the house (all without waking the mother who was sleeping right next to these murders......), then only slightly injure the mother, then escape. If the motive for intrusion was robbery, then why stab the two children to death? If it was some sexual motive, then likewise. (And there are many more points at which I believe the evidence can only be reasonably explained by Darlie as murderer)
Well said. I appreciate when someone can comment, based on calm reason and steady logic. Absent is any emotional voice or judgmental tone.
Thank you, London John.