McGinnis' attorney in this hearing, Nicholas Bailey, asked a few more follow-up questions. Bailey presented him with a handwritten note, apparently from Matrie.
"I don't remember her telling me anything she's got written here," McGinnis said. He said he did love her and did not want anything bad to happen to her.
Kragnes asked McGinnis if he believed this love would have been a motive in Ohl's murder. McGinnis said yes.
Bailey made a brief closing statement, in which he believes it was proven today that the defense was "half-hearted" and that Sieleni should have been called to testify at the murder trial. He also discredited the original defense strategy of blaming McGinnis' PTSD and trying to implicate Matrie in the shooting.
"I think Mr. McGinnis is deserving of a new trial," Bailey said.
McCall believes McGinnis should have articulated better how the testimony of the doctors he chose would have helped. The judge said he read through the trial transcript this week and believes that Sieleni's description of McGinnis' PTSD demonstrated a more severe condition than that portrayed by any of the doctors who did testify.
"I think (Sieleni) even said, 'one of the most severe (cases) he ever treated,'" McCall said. He went on to say that while Sieleni said McGinnis had a "significant" problem with PTSD, the doctor did not indicate that this would have precluded McGinnis to know right from wrong, even in a flashback.
Bailey said the problem is that the defense allowed the State's doctor to discuss McGinnis' condition, without its own expert testimony. McCall indicated that McGinnis failed to show today that there is reason to believe the outcome of his trial could have been different if the defense was better.