By the time of the 2002 appeal all trial exhibits had been destroyed other than the rifle and silencer which I understand are exhibits in EP's museum.
165. In February 1996, the Essex police destroyed many of the original trial exhibits without reference to the appellant or his legal representatives. It might have been necessary for this court to examine the circumstances in which this had happened. The police officer responsible contended that it was done without his appreciating that there was any on-going legal process that might require the further use of the exhibits. However, during argument it was agreed that the court could protect the appellant's position by making assumptions in his favour and that, therefore, it was unnecessary to resolve precisely how this came about.
MT effectively had a penalty point over the destruction of the bible. I have no legal qualifications so maybe I'm way off the mark but I would have thought in the absence of the bible MT might have been better off going down another route than the one he did above ie the open pages held some spiritual meaning for SC indicative of her opening said pages.
Dr Vanezis' trial testimony confirms SC's palms and fingers were free of bloodstains whereas June's were bloodstained. June's mental illness was bound up with her religiosity. June walked around the bed and much bloodstaining in the area where the bible was found originated from June ie carpet and blue socks. The only identifiable fingerprints on the bible pertained to June.
It might have been possible to argue the bible came to be where it was found as a result of June carrying it with her when she walked around the bed and dropped it ie neither SC or JB sought it out and effectively it was a red herring. This would then call into question JM's claims JB told her MM placed a bible on SC's chest.
My guess is one of the low ranking officers who observed the bible at soc weaved the bible into a narrative supporting the prosecution case. It was then introduced into JM's testimony around the beginning of Sept. Many blood stained exhibits were not tested until late Sept. If the bible was tested later and showed the bloodstains originated from June it undermined JM's testimony and the prosecution case in this regard to some extent.
The Bible was dressing for the narrative Jeremy wanted to present. The police initially took the same view of things as Jeremy's defense did. They considered the Bible evidence of sheila going crazy and having some religious motive. They considered it significant that it was said that she found religion recently yadda yadda
Once police came to face Jeremy was the killer and it was just staging they didn't pay much attention to the Bible, they looked for prints but did not look at the larger picture.
The staging of the Bible was as big a gaffe as using the moderator then putting it away but the government experts only realized that on appeal.
We don't know if the defense realized it or not. If they did they wanted to draw as little attention to the Bible as possible other than to try weaving it into their narrative of religious motivation and ritual cleaning. On appeal they made up that it represented a suicide note, they didn't think of that use at the time because they never bothered to look at the Bible themselves to see which pages had blood. They had the ability to inspect it if they wanted it was a court exhibit but they didn't do so. How could one prove a particular page of the Bible is a suicide note or anything else for that matter? It's specious so a useless argument on appeal and a hard one to make at trial let alone to successfully convince the jury of.
On appeal there is nothing that the Bible could be used for that has any hope of establishing innocence or that a different verdict would have been rendered. David's theory has no legs at all except in his mind- the same mind that claims his hypostasis theory has not been rebutted...