It was also represented that Dr. Lee and Dr. Baden both agreed that the amount of struggle would have been a very long one. Dr. Lee didn't say that. He said something a lot less certain than that, and I will read to you what he said. "Question: Can you tell us blow by blow what happened here? "Answer: No, I cannot. That is a good question. "Question: All right. Thank you. And doctor, would it be fair to say if we cannot tell blow by blow what happened here, you cannot tell blow by blow what happened, then it is difficult to give any kind of a scientific estimate of time? "Answer: That's correct." That is what Dr. Lee said. Now, with respect to Dr. Baden, it was represented to you that Dr. Baden said the perpetrator would have been covered in blood. That is not true. You can have all of Dr. Baden's testimony read back. I went and looked at it. It is not there. He didn't say that.
--had some interesting things to say about what kind of blood or how much blood you would ever expect to find, and as a matter of fact, we read the title into the record, "Absence of evidence is not evidence of absence.". This makes sense. A crime can happen in many different ways. Use your logic and use your common sense. If you are standing behind somebody cutting their throat, they are bleeding out and they are not bleeding on you, so you will get some on your hands, maybe you will get a little bit of the spatter, but you are not going to be covered in blood and you are certainly not going to be covered in the kind of blood in the Bronco because it is not on your back. When you think about this, think about it logically, but don't let the record mislead you. If you want it read back, they will do it for you. They will do it for you. Don't hesitate to ask, ladies and gentlemen. Most important is that you base your decision on what is there, what is really there, not on what some lawyers tells you is there or not on what you wish was there, but what is on really there. I know you will do that. Take a break?
Question: Can you tell us blow by blow what happened here? Answer: No, I cannot. That is a good question. Question: And doctor, would it be fair to say if we cannot tell blow by blow what happened here, you cannot tell blow by blow what happened, then it is difficult to give any kind of a scientific estimate of time? Answer: That's correct.
Absence of evidence is not evidence of absence.
If you are standing behind somebody cutting their throat, they are bleeding out and they are not bleeding on you, so you will get some on your hands, maybe you will get a little bit of the spatter, but you are not going to be covered in blood.
Base your decision on what is there, what is really there, not on what some lawyers tells you is there or not on what you wish was there, but what is really there.