A late-night courtroom discussion should have changed the entire direction of the trial – but it didn’t.
It was June 15, 2021. The defense had just rested after their final witness — Kit Martin. There was no jury. No spectators. No Court TV cameras rolling. It was only the prosecuting attorneys, the defense team, and Judge John Atkins. It was late evening, and everyone was exhausted from the nearly two‑week trial. But there were still critical issues that had to be addressed before the next day’s closing arguments.
The discussion began with defense attorney Doug Moore requesting a directed verdict. He argued that the prosecution had not proved its case beyond a reasonable doubt and that the judge should rule in favor of the defense. Atkins denied the motion and said the case would go to the jury. He expected that to be the end of it — but Moore had one more motion, this time concerning the jury instructions.
What happened next was so consequential it could have derailed the entire prosecution. Judge Atkins, who had consistently ruled against the defense throughout the trial, wanted to hear the state’s response. What prosecutor Barbara Whaley said next called the entire case into question. It touched on ethics, evidence, and a prosecution strategy buried deep in legal language.
After hearing both sides, Judge Atkins ruled in the defense’s favor. The decision had major implications for the next day’s closing arguments. Had the jury been paying closer attention — had they taken the time to truly evaluate the evidence — they might have recognized the implausibility of the prosecution’s entire theory.
There was, however, another witness to what took place. Because this was an official hearing before the judge, the courtroom cameras were rolling. The entire exchange was captured on video, and I have that footage. You can see for yourself what should have been the turning point in the trial. The video appears in Episode Four — Deception.
Framed Premieres 5.4.26
2 Responses
Scott Smith is a dirty Det.who feels the need to lie to the grand jury to get a convicted verdict. He gets a thrill out of all the wrongfully convicted people who eather dead or going to die in some prison. He is a real piece of shit.
The Prosecution twisted the facts throughout the whole trial with deception and lies.
There is an ethical obligation to Tell the Truth, the Whole Truth for Everyone involved in this case.