But is there proof he was running? Nope.
Is it possible that it was the wind? Yes.
So it's his word against your suspicion with no proof.
Can you see what I'm saying?
It's not what you know, it's what you can prove.
Yeah...you just made my point. Things are not always what they seem. And dont be so all about the proof stuff...jurys can use their own common sense and judgment as to what they believe and they dont have to give a reason for it.
So alot of times...its the presentation that matters...not always what is proven without a shadow of doubt...just give the jury something to play with...they will put some pieces together using their own common sense. There is nothing that says the jury can only use what has been absolutely proven...thats subjective...they are the ones determining what they feel is proven to them or what makes sense to them.
A lot of things cant be proven...some things are circumstancial...get off the 100 percent proof kick...it sounds good, but its not reality in most cases.