Page 645 - Abseiling News Today

2009 is not necessarily going to be reflective of what did or did not happen in 2008. the bottoms of the creek changes, the walls of the creek can change, theres erosion up creek, and you can see it the more times you go up there. you can see, every time it seemed a little bit different. >> reporter: and the defense attacked the states expert for what it said was another flaw with the mannequin test. >> you did not start that test with that mannequin falling from the ledge, right? >> absolutely ...

One how the female stand-in wasnt swept downstream. and in another, the mannequin wasnt washed over the waterfall and eventually sank to the bottom. >> are you seeing any sliding of the mannequin into the water? >> no. >> the washing or oozing -- >> no. >> reporter: the prosecutions drowning expert was blunt. to her freds story was pure fiction. >> the water -- theres nothing in that environment water-wise that could have gotten her to that spot. a human being had to physically put a body in tha...

>> she was on a rock, she was in cold water. we think more about this than anyone would after the body was found. >> reporter: veteran pathologist westerner spence testified there were some injuries, bruising on his hands and an apparent small skull fracture that no one would had highlighted. >> it you look at this, you would see that there is an area here that is not like it show. >> reporter: after looking at the medical examiners report and leslies x-rays, dr. spitz said there was no evidence...

Backbone of the states case. the defense saw major problems with those tests and called its own water expert -- a hydrologist whod been measuring current flows for 40 years. >> increase of stream flow and as a general rule, increase comes in late afternoon and evening. >> reporter: the defense expert pointed out that water in the mountains changes constantly, and in 2008, the year leslie died, there was more snow melt than usual. >> was 2008 a high-water year? >> it was a tremendously high-water...

Would happen. >> she was then moved into the very center of that stream and it wouldnt budge her. >> reporter: finally, they went down to the pool where leslie was found. >> they then put her in a wetsuit, which gives her buoyancy. >> reporter: she was able to float. but unassisted, she had a hard time making it all the way to the log where leslies body had been pinned. this meant something big to the investigators. >> so it belied what he told us about this raging torrent tearing her away from ...

Knowledge? he had no life insurance policy that he was cryi-- was trying t collect. what was the motive? >> fred was telling people, one being an employee. his, another a close friend that, in fact, the marriage had grown stale. that it was the same old, same old develop he and leslie and that he did have a wandering eye. >> and according to the prosecution, his eye had wandered here. >> we were very good friends. >> reporter: genie barnes, freds form assistant, testified that fred called her a ...

Think she would have -- >> she would have fought back. >> -- some bruises. she would have fought back. >> reporter: they poured over technical testimony about water and the creek. to them that flood of data and expert testimony was a complete wash. >> you can bring all the experts in and all the water tests, and it was just pointless because theyll always poke a hole in it cause it wasnt done may 3, 2008. >> reporter: like the jury before them, this groups first day of deliberations ended withou...

Re-creations and told this jury there was no way anyone could know for sure what the water flow and depth were on the day leslie died. >> if someone measured the actual stream flow of cottonwood creek within days or a week of the incident it wouldve been informative. >> reporter: and several new defense witnesses took the stand. there was a biomechanical engineer whod examined the mannequin used in this test. >> well, frankly, i mean, its not even right to call it testing. >> reporter: according...

Story defied common sense and science. >> injuries are going to tell you a story that leslie muller was drowned by her husband. >> solemnly swear -- >> reporter: prosecutors called michael goleb, the first trained rescuer on the scene. >> im asking him what happened. tell me what happened. he relays that she apparently had fallen off of a waterfall. >> reporter: fred told goleb the same thing hed told investigators. he watched leslie swan dive off the cliff, hitting granite before sliding into t...

Perfect as it could be? >> of course. with no witnesses, were dealing strictly with circumstantial evidence. and circumstantial evidence is often enough to get you a conviction. but we knew we needed to have a lot of it. >> reporter: to investigators these tests confirmed their suspicions. to them, freds story of leslies accident was impossible. >> they said there was no way that her body could have ended up under that log, unless it had been placed there. that the forces of nature would not hav...