Government Cedes Crucial Element; Opens New Avenues
With a new judge setting an expedited schedule, and a trial date drawing nearer, filings between all sides – the government, the defense and the court – are moving post-haste. And that’s only half the story.
Critical information contained in these filings, which has never been revealed, shows both sides focusing their arguments, shoring up their strengths and minimizing weaknesses as they head towards the May 10 trial date.
In the latest filing to hit the database, the government reveals for the time that according to the manufacturer’s spokesman, the electrostimulation unit found in Dylan Ward’s bedroom (an ET-302R) was not capable of inducing a passive/involuntary ejaculation.
This impacts a crucial element in their theory that Robert Wone was sexually assaulted, tortured and then murdered.
Also revealed for the first time is an EMT involved in transporting Robert Wone’s body who “believes” that the puncture wounds found at the bend of his elbow was an attempt to gain IV access to resuscitate him.
Yet, the EMT also “ruled out” several of the other puncture wound locations “as places where IV access would have been attempted.”
What this may mean for the case, after the jump.
This new information maybe a set back to the government’s argument that Robert Wone was sexually assaulted and tortured. If the electro-torture device could not passively or involuntarily induce an ejaculation, the whole torture argument, and the BDSM lifestyle in evidence on Swann, would not make it into the trial as evidence. This could impair the government’s case considerably in that regard.
The government also admits for the first time that some of the puncture marks could have been created as part of efforts to save Robert’s life. They did not admit this in the original affidavit, where they claim that all occurred pre-mortem and were not used in any effort to revive Robert, or it was just vague.
Yet it also could shine new light as well. What was the purpose of the puncture wounds not used to gain IV access as part of a resuscitative effort? If they were indeed used to inject a paralytic agent, then a sexual assault could have occurred. What is worse is Robert may have been awake, and not passive or involuntarily involved, yet also unable to resist due to a paralytic agent.
This scenario throws some cold water on the intruder theory as it seems to admit that the puncture wounds not used to resuscitate Robert had another purpose that evening. It seems remote that any intruder would have had the time to inject Robert, sexually assault him and murder him in the time line as stated by the defendants.
Some have theorized that no sexual assault took place and that Robert masturbated. But a quick look at the web site that sells the electrostimulation unit advertises it as “…hands-free masturbation…” with the sell line:
“Imagine a device that slips into your pocket and is completely controlled by a tiny 4-button remote control for portable, public, and BDSM fun.”
“Hands free masturbation” yet “not capable of inducing a passive/involuntary ejaculation?” Maybe the manufacturer’s spokesman will clarify this possible discrepancy for us. What he advertises online does not seem to mesh with his statement to government investigators.
What he advertises could have been the case while under a paralytic agent – and that would still be sexual assault.
-posted by David