One housekeeping matter: since it probably gets confusing when Jeana posts my material under her name because
I can not post directly, I probably should by-line my material. I signed on to the site under "Junior Detective," so that is what I will use from here on out. If this case weren't so tragic, all the talk of "maybe Darlie is innocent" would be amusing.
I think any one who thinks that should read the second paragraph of the Texas Court of Criminal Appeals' opinion dated May 21, 2003. There, it states in pertinent part, "The appellant does not challenge the legal or factual sufficiency of the evidence to support her conviction
" In other words, her attorneys conceded that sufficient evidence supported her
conviction, a conviction which was entered on the jury's guilty finding that only could have happened if the jury rejected her intruder defense.
I don't disagree with the approach the defense took because the evidence that she is the assailant wasn't merely sufficient, it was positively suffocating, and, so, the defense would have lost on a "sufficiency" claim. Rather, I think the defense did about the only thing it could do, which was attack the procedure by which the guilty verdict was obtained and hope for a new trial. We know that the defense lost on that point, but the defense did challenge the most vulnerable part of the case and I don't think the defense can be faulted for doing that.
I think most people are missing the point about why her attorneys are trying to get her a new trial. If a new trial was ordered, you can bet her attorneys would be working overtime to try and keep her off of the stand, which was the reason for the conviction in the first trial. That is why I am dead set against a new trial--it would allow the defense to "go for the win," even after the defense has conceded that the evidence supports her conviction. I dont know if she would be convicted or acquitted if she did not take the stand in
a second trial, but we already know what happened in the first one, so her attorneys would be open to trying something different in a second trial.