When Maynard returned to the stand, his notes reflected not only that the test vehicle had spun out on Highway 87 but that it had also spun out at least four times on Highway 587.
As the jury was preparing to deliberate, Rogers issued an unusual instruction. He told jurors they could infer that any evidence they felt the state tried to hide or destroy could be considered adverse to the state's position.
Tramel was one who applauded Rogers' get-tough attitude toward the state's attorneys. He says he's always believed the state should hold to the highest standards--and play fair.
"I don't think anybody on that jury believed Terry McGillicuddy was the second coming of Christ," he says.
"But Mr. McGillicuddy was able to make credible the idea that the state had not been forthcoming, that the state had tried to prevent the jury from hearing evidence, that the state had chosen to play a smoke-and-mirrors game."
Contact Patti Epler at her online address: [email protected]