^^rsbm
Yes, this is what I recall! But didn't FD (and MT) learn in advance of the Mistrial hearing that the Herman report was being viewed as favorable to FD?
I can't believe that FD would have taken anybody's word for it so who showed FD this report?
Was it Rose, Meehan or NP that allowed FD early access to the report?
Did FD return the report but not before making a copy for himself? This has never been clear to me except that MT has been touting the content of the Report ever since I can remember!
Prior to Jennifer's murder, I believe MT was overjoyed with the content of report deemed favorable to FD, and believed it was her ticket to Jennifer's lifestyle with FD, where FD would have custody of the Dulos children, and FD/MT would live happily ever after-- financed by Jennifer.
And then, after Jennifer's murder -- even better, as this removed the question whether or not Jennifer would or could regain custody of her children, and interrupt the lifestyle MT imagined for herself.
I'm not sure who was presiding over the case when JLS took over as MT's defense team but besides going hard after the Court to remove MT's ankle monitor, I also recall JLS arguing to unseal and/or release a copy of the Herman report, arguing he believed the report contained evidence favorable to his client.
Initially, perhaps JSL was taking a page from NP here that there was no evidence that Jennifer was deceased, and JLS believed the Herman report would help bolster the claim that Jennifer was not deceased, and therefore, impossible for MT to be part of a murder conspiracy.
I think it may have been Judge Blawie who was quick to shut down JLS claim that Jennifer was missing voluntarily, and where it was made crystal clear he wasn't going against another Judge's Order.
I think it was when JLS changed his tactic and argued that his client was interviewed for the Herman report, and the report made reference to his client, and made claim he should be able to view the content to make this determination as her defense counsel, that he gained traction.
However, I could be wrong, but I also thought JLS was granted permission to view only the portions of the report that mentioned MT.
And next thing I know, JLS has the entire report-- but I don't recall how we got here or who was presiding for this decision!
Also, did something happen during the testimony of Rose or another defense witness where the prosecution opened the door for JLS to begin speaking more openly about the Herman report during the trial?
Or did JLS just manipulate the Court here?
Was this something between JLS and MT where MT would testify if JLS was able to get what they deemed were the favorable parts of the Herman report admitted?
This part of the trial is where it got very foggy for me...
But never remind me and the fog-- it was certainly clear to MT that she believed parts of the Herman report should be part of her trial-- even if she had to reveal it herself!
Was this display of the report MT's attempt to cause a Mistrial?
If so, the joke was on her. She ended found guilty on all charges, and ended up with an additional contempt charge to contend with. JMO