In a motion filed outside of jurors' presence Wednesday afternoon, Van Buren County Prosecutor Juris Kaps requested evidence of Henslee's extra-marital affairs be barred from trial.
Hunt agreed and the judge granted the motion as long as witnesses and prosecutors don't try to refute the defense's claim that Henslee was having an affair with Beebe.
Post snipped by me.
How do you explain the above?
ETA: My point was just to show it's not that far-fetched that AH was having an affair.
When I first saw that I was very surprised....at the time.
As the trial moved forward, I started to see why that motion was agreed to:
Its possible AH had an affair or affairs or suggestion of an affair in the past, and that the defense would use evidence of that/those in order to support the contention in general that AH could have been having an affair with JB.
There would have been witnesses and testimony about this point (an AH affair) which had nothing to do with the charges at hand, just background. I am sure JH pushed the State to keep that out of trial.
The defense got what it wanted - no outright and specific challenge to that part of its story. No need for them to bore down on that any further because that could backfire.
The State never made an attempt to disprove the allegation through testimony/evidence etc...in fact Kaps even suggested it himself as a possibility.
In the end, it mattered little - because as I stated above, the verdict on TH was what the defense really needed to overcome, regardless of whther the jury accepted an JB/AH affair or not. Even if there was an affair interrupted, the way TH was killed (two shots back of head) is not indicative of self-defense, and the second shot had to have been premeditated: this is a shotgun, not a handgun.
Hope this makes sense somewhat....
