Originally posted by Sixpence
Why?
Because before this new evidence, Koby was the only person there was any evidence COULD have caused whatever injuries she had. Now it appears that there may have been a 3rd person involved.
If the prosecution can not show that Koby is the one who caused these injuries, then the is reasonable to consider that someone else (whoever was leaving DNA in her shorts) MIGHT have been the one rersponsible for her injuries. For the Jury this could be enough to cause "reasonable doubt." I mean, if it could have just as easilby been one as the other, I'm not sure they could sustain a charge against Kobe....
Before the second schlong evidence, it was a question of whether or not she was raped. Now, even if that questionn is sufficiently answered, there is the additional question of "who raped her?"
It certainly looks like it will complicate the prosecution's task if allowed in.
-Sik