While, imo, the circumstantial evidence used against LM at the original trial was overwhelming and leaves me totally convinced of his guilt, I'd still like to watch the aforementioned trial in its entirety in HD. That would be extremely interesting and would, I'm sure, remove any doubts people may have about this case or LM's guilt or innocence.
As for SM's testimony, well, I've already addressed this. He made it quite clear under oath that his wee brother wasn't in the house between 1650 and 1715. SM admitted (under oath) he'd been looking at porn in his bedroom and was masturbating between 1650 and 1715; said he would never have done this if anyone else had been in the house at that time and said he couldn't hear music coming from Luke's bedroom or the dining room (implying that LM playing music was a regular occurrence at this time of day in the family household). It wasn't, I don't think, discussed in court if SM had physically checked LM's bedroom or the whole house to see if his wee brother was there (though I think I read SM, upon arrival home, shouted out "Hello?"and got no answer). Asked directly by AD Turnbull if he'd seen Luke when he went downstairs after looking at the aforementioned porn images, SM replied: "I genuinely don't remember seeing my brother. He could have been there."
How can anyone, after reading the above, infer that Luke Mitchell was in his family house that day between 1650 and 1715? It's obvious he wasn't in the house and Shane was admitting as much without actually categorically saying he wasn't there. Shane was never ever going to come right out and say his brother wasn't in the house, because blood is thicker than water and Shane probably could never bring himself to fully drop his wee brother in the shit like that; besides, him categorically saying his wee brother wasn't there would've left him and his mother open to perjury charges (had AD Turnbull came right out and asked Shane if he saw his wee brother mashing tatties in the kitchen, I suspect Shane would have said he couldn't remember). The Mitchell house at Newbattle Abbey Crescent was merely a 2-storey property and not some mansion or castle with a labyrinth of rooms and corridors -- it would have been impossible for those 2 boys not to see each other that day had they been in the house at the same time. The fact that neither boy could give a consistent account of each others' whereabouts at that particular time without their mother's input is very telling. I mean, for goodness' sake, you either saw Luke or you didn't -- no in between. Are we really expected to believe that the police would be able to intimidate Shane into making a false confession that his wee brother wasn't there, when he was?!! In such a serious charge of murder? That Shane would let the police bully him? A mechanic, an intelligent strapping lad who was going to batter drug dealer [Name removed]? Yeah, right!
I often wonder if SM started crying in court out of guilt for Jodi -- did him seeing those pics of her dead, mutilated body prompt him to tell the truth? Probably. That, combined with the fact that he probably knew the police had sussed out that Luke had done it and the jury would likely see through it. Fearing going to jail for perjury for trying to cover for a horrendous murder. Stuck between a rock and a hard place -- not wanting to drop his brother in the shit, blood being thicker than water. A horrible dilemma he was in. Overwhelmed, crying. I suspect, in large part, SM's human side shone through and he simply told the truth without fully exposing his wee brother -- "I genuinely don't remember seeing my brother that day. He could have been there." About the best he could do or say, given the circumstances. But, at the core, the police and prosecution did a good job of getting SM to tell the truth; it wasn' so much about the police playing unfairly hardball as it was of getting Shane to realise that they knew he was lying as the Mitchells' stories weren't adding up.
Actually, I wonder if LM would've still been found guilty if SM had said under oath that his wee brother was in the house with him between 1650 - 1715. What do you think?