"The judge has to be really wrong--not just wrong, but really wrong," the expert says.
The appeals court, the expert says, will likely give "substantial deference" to Strand's "factual findings" because he "sat through a 13-week trial, observed the jurors, questioned this juror in particular and questioned the other . . . jurors."
Despite the dismal outlook for Dowd's client, don't expect Symington to give up until every last legal avenue can be exploited.
Ironically, it's Symington--who has lambasted the "liberal federal judges" for protecting the accused and the guilty--who now is relying so heavily on a federal judge's discretion.
"The courts have fashioned a broad range of criminals' rights that greatly hinder every phase of criminal justice, from arrest to trial to punishment," Symington complained to the Arizona Town Hall last November.
He's not complaining now.