Let's dig into this with our legal team. Abc's chief legal affairs anchor, dan abrams. Nancy grace. Dan, you said from the start, you think a first-degree murder conviction is out of the question.... See More
Let's dig into this with our legal team. Abc's chief legal affairs anchor, dan abrams. Nancy grace. Dan, you said from the start, you think a first-degree murder conviction is out of the question. Anything you hear yesterday change that? This is the heart of the prosecution's case. This is the strongest evidence the prosecution has. They have her statements, which have, quote/unquote, evolved over time. She lied. No question about it. That's a problem for her. But that doesn't change the fact that I don't see how you get a conviction on first-degree, premeditated murder here. Nancy, you agree? Well, of course, I don't agree. And anyone that ever prosecuted a murder trial would know, premedication in the law can be formed in an instant, in the time it takes you to raise a gun and pull the trigger. In this case, she first told police she didn't know how her groom got to this point. But then, she's confronted in court with video surveillance, there at glacier, of her driving him in. So, she had to drive him in, push him over by her own words, and then, drive home. We also have a mysterious e-mail that emerges. We turn -- it turns out that this is an e-mail account she creates at her stepfather's home. She writes herself, as if she's her husband friend and says, call off the search. We were all out joyriding. He decided to go hiking. And he fell. He's dead. Bottom line, see ya later. She writes herself this e-mail. And this is in the hours after he's dead. Nancy says anyone who has tried a case knows about premeditation. They would know, then, the difference between premeditation and intent. Nancy's talking about the ability to intend to commit a crime. That can happen in a second. Premeditation is premeditated. Therefore, it can take time. It takes time to premeditate a crime. You can't show up with a gun, point it at someone -- that's premeditated. There's a difference between premeditation and intent. And what nancy's talking about is intent. That would be second-degree murder, not first-degree murder. She tells police she pushes him from behind, with both hands. And she leaves her husband's body out there to rot and be torn apart by animals. And she starts writing texts to her friends about her zumba class. Hello? It's premeditated. She would have had to plan it. This blindfold, the judge not allowing use of that word. Presumably if you could use that word and the jurors believed it, that would be kind of game over. Look, if they could use it and if the jurors believe there was a blindfold involved, then you have the possibility of premeditation. Then you have a different kind of case here. I don't think they have anything good enough to link that blindfold back to this case. Dan, can I ask you one question? Please. Did you know this guy was so afraid of heights, he was with his friends on a parking deck, he wouldn't get out of his car to take a picture with the skyline behind it. She blindfolded him at the bottom and led him up there? And he said, my goodness. Look at this. I'm on a mountain. How did this happen again? I don't think that's what happened. I think she lured him up there. A local reporter said the n newlywed -- if he's so afraid of heights. He's blindfolded and he doesn't know he's walking up a hill? You know, I'm not going to be distracted with the blindfold. What convinces me is that she drove him there, pushes him over, both hands on his back. This is not self-defense. He's walking away. He falls to his death. She leaves him and starts covering her tracks. In fact, when her 16-year-old brother found the body, she asked him to lie to police. I'm afraid we're not going to solve this one. Thank you, guys, for staking out the positions there.
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