I see these post trial motions as about par for the case actually. The apparent bar for legal matters in this case has been down in the sub-flooring from the beginning. I expect the case will be best remembered in the judicial world as a bad example not to be followed, particularly for high visibility cases.
I think the judges were run roughshod by the prosecution, without the Wisdom of Solomon apparent from either judge. The only memorable line from the judge that comes to mind was something about “the prosecution has a strong case” by Judge Lester, to be used in a mocking fashion after the outcome.
The judge is supposed to be protecting the defendant’s rights, and I didn’t see that apparent in this case. I think a wiser choice by Judge Lester would have been to refer the matter to the grand jury at the time of the APC, though I don’t specifically know that is legally possible. Findings for arrest by a grand jury would have created a much more believable process, though I personally doubt they would have returned an indictment. Grand jury presentations by the Fulton-Martin family members would have clarified their statements earlier. I suspect that more of TM’s history would have been revealed in front of a grand jury than the trial. The personage of W8/RJ and her statements would have been locked down much earlier. Grand jury action would have assisted in managing the PR issues in the case, and minimized some of the influence by Crump et al in the media. The answer to “why wasn’t GZ arrested” would have been “the grand jury did not provide an indictment”.
While Judge Nelson made many favorable decisions for the prosecution in my opinion, I see the only difficult choice she made supporting the defense was the Frye Ruling on the prosecution’s voice “experts”. I expected some embarrassment when the FBI speech expert said those “experts” were bogus in front of the jury.
I don’t know how the judicial ethics sort out on such matters, but Judge Nelson does not seem to have rushed out for the speaking circuit, and I don’t expect a big book deal for her either.