Foxfish
Contributor
From what I can tell from the reports, (1) we have not yet heard anything that is new and incriminating, and (2) what we have heard is not nearly as incriminating as what we had expected to hear.
As far as the timeline and whether Dr. Stutz could have seen what he claims to have seen, I can't tell if the defense is better served by showing he could not have seen it or by showing that he did see it, but did not see acts that could have resulted in Tina being incapacitated.
Maybe McFadyen could argue his case from both perspectives. ie show using his timeline he seriously doubts that Stutz saw what he claimed and also show that even if he did, that testimony does not impugn Gabe. How much time do they have?
If McFadyen is correct about the timeline, it destroys Stutz' testimony. The difficulty will be convincing the jury that this is the case as they will need an in depth understanding of how it was constructed. It is one thing sitting at home taking it in but I'd imagine quite another in a jury situation.That said, I thought McFadyen did a good job of explaining how he derived his time line and the way it was presented graphically.
Have a look at the testimony by Stutz regarding the movement of Tina's arms and legs at the time that Gabe swam to Tina.
Arms and legs flailing “she wasn’t like thrashing”
“disorganised” and “moving flapping slowly up and down”
“flaying basically, and she was moving her arms, not unpurposely, and her legs similarly”
“thrashing her arms and legs”
And finally in his testimony to the American courts:
Stutz said he was in the water with about three dozen other divers when he looked down and saw Tina Watson floating on her back with her arms extended, moving slowly in the water.
"I was close enough to see her face," said Stutz. The woman seemed distressed but wasn't thrashing and moved like she "had no energy," he said.
Read more: Honeymoon death: Key witness takes stand
Take your pick. We have everything from slow movements that lack energy in this latest testimony to Tina thrashing her arms and legs.
Dictionary definition of flail:
1. To beat or strike with or as if with a flail: flailed our horses with the reins.
2. To wave or swing vigorously; thrash: flailed my arms to get their attention.
3. To thresh using a flail.
v.intr.1. To move vigorously or erratically; thrash about: arms flailing helplessly in the water.
2. To strike or lash out violently: boxers flailing at each other in the ring.
3. To thresh grain.
flailing - definition of flailing by the Free Online Dictionary, Thesaurus and Encyclopedia.
Question: When is a flail not a flail. Answer: When the term is used by Stutz.
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