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Updated Oct. 2, 2003, 4:04 p.m. ET

Defense Top 10: Reasonable doubt

In his closing argument Thursday, Michael Peterson's defense attorney David Rudolf told jurors there were at least 10 reasons to have reasonable doubt that Peterson killed his wife Kathleen. In this "age of David Letterman," he said, he would stick with 10, but jurors were free to add their own. Believing any of the items on the list, he asserted, was cause to acquit.

The list:

1. The missing murder weapon isn't missing — and it wasn't used in a murder.

2. There is no credible motive — and you don't just decide to kill your wife for no reason.

3. Michael and Kathleen Peterson were happily married with no history of violence — and spousal abuse generally doesn't start with murder.

4. Michael Peterson's grief and shock were sincere — and no one who was there disagreed.

5. Kathleen Peterson's injuries are not consistent with a beating. No skull fractures + no other fractures + no traumatic brain injury = no beating.

6. The bloodstain evidence is not consistent with a beating — and the state's real expert did not dispute this because:

  a. The lack of castoff on walls and ceilings defies the laws of physics.

  b. The spatter on the wall was not created by impacts to Kathleen Peterson's head.

  c. The small amount of blood on the sneakers and socks is inconsistent with a beating that created the amount of spatter on the walls.

  d. The lack of spatter on Michael Peterson's shirt, watch and glasses is inconsistent with a beating that created the amount of spatter on the walls.

  e. The presence of spatter on the back of the shorts is impossible to explain as a result of a beating.

  f. The dilution theory of the state makes no sense.

  g. The shoe print on Kathleen Peterson's pants faces away from her body.

  h. The void area is a "shadow" as explained by Dr. Lee — not cleanup.

7. Information and documentation from the scene is not reliable: Garbage in — garbage out.

8. The state relied on junk science and ignored the limitations of real science.

9. The state has relied on emotion, guess and conjecture.

10. The state's investigation suffered from "Tunnel Vision."  Indictment first — evidence afterwards.

 


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