I wanted to know more of what was going on so yesterday afternoon I went down to the courthouse (BTW, Happy Retirement Judge Mayfield) and pulled the files. (Again, I have the receipt with my name and date on it so whoever thought I was lying about it last time can see that I'm not lying this time either.) It's Cause No. 2208-1042-1, 19th Judicial District.
The title of the motion itself is a joke. I know it's just what this thing is called but it's titled, "Notice of Hearing on No Evidence Motion for Summary Judgment." I guess they weren't expecting the "for starters" 88 pages of evidence to be turned in for the Judge's determination. Or maybe they were. Either way, I think calling for this hearing was a routine, last-ditch effort to try to keep this from going to trial. It also gives them an insight into the evidence piling up against Matt. I will head back down to the courthouse after the hearing once those 88 pages are made public and get a copy for myself. Check back.
Okay. Let's look at what evidence the defense brought to the table for consideration.
"III. Summary Judgment Evidence
1. Exhibit "A" - Baker attaches his affidavit as 'Exhibit A,' which proves that he did not cause his wife's death."
The statement from Matt says something like, I did not kill my wife. I am not responsible for my wife's death. I did not drug or smother my wife. This same sentence is re-written and re-worded down the whole page. Over and over. Well, whew.......I feel better after reading that. I mean, Pastor Baker has spoken. And we know a Pastor can only tell the truth. (Don't mind that ever-growing pile of pesky lies and story-changes he's given in the past.) I mean, he must really mean it this time, right? And this statement oh, so absolutely proves he did not kill his wife. I mean, this is truly amazing proof. I'm stunned. I've been wrong all along. Why didn't he just make this affidavit proof statement years ago and just be done with it. Okay. Case Closed. He says he didn't do it. Proof rules the day.
"2. Linda Dulin's deposition testimonyLinda Dulin gave her deposition in the original case on Nov. 3, 2006, and admitted that she has no evidence that Baker caused the death of his wife."
They wish that's what her deposition said. All the out-of-context excerpt shows is her saying as she sat there that day 2 years ago, she did not have a smoking gun and she had not heard Matt admit he had done it. That's it. (More magical proof logic going on here, I guess)
They think if you read their twisted interpretation of what was said, you'll believe it. It sounds like what Gray used to do. It sounds like the political crud we've had to listen to in the months preceeding the election. They think people are stupid and won't get all the information and see the truth. They think if they said Matt didn't do it, that should be good enough. They think if they say Mrs. Dulin's own deposition she didn't have any evidence at all, the public will just fall for it. Her deposition did not say she had no evidence at all. They are reaching and stretching and contorting, at best. They are wishing. And they were wishing that the last 2 years of evidence would go away. It's not.
"3. James Dulin's deposition testimony"
This one just makes me laugh. Sorry. I know this subject isn't funny. It's just a pitiful attempt. There's not even a full sentence quote from Mr. Dulin on here. I guess giving the whole sentence of his testimony would show what he really meant and not what they are grasping to make it look like he meant. I mean, really. Half a sentence. Not even out of context, it's NO context. Just shows they have nothing here.
Where is the psychiatric evaluation of depression? Proof that her interview that afternoon was horribly depressing to her? Proof of drug dependance? How to explain that a woman who was alive and talking to him when he left for the store (unless you believe the other version of his story where she was already asleep when he left) was stone, cold dead with lividity when he returned just 45 minutes later? Not cool. COLD. The world would love to know exactly how a man dresses a dead woman WHILE administering CPR. That kind of skill and talent could actually save lives some day.
It goes on to try to convince you in "legal-ese" that there is no geniune issue as to any material fact. I mean Matt said he didn't do it. Two years ago, Mrs. Dulin didn't hold a smoking gun in her hand. That's just amazingly powerful stuff there, eh? Case closed.
Well, we'll see what Judge Strother has to say about it on Thursday.