Altercation by the poolside




Gerald Gardner was observed arriving at the Frasch home on the day of her murder by a neighbour, Farrell Bass, who was out working in his backyard.


In the trial, Bass was asked if he had heard any altercation, any arguing or any splashing after Gardner arrived that day. He said no, which reinforced the prosecution's case that Samira’s husband had killed her earlier.


But this was misleading because the altercation would have taken place in the pool enclosure. By that logic, Bass should have also been asked if he had ever heard the Frasches splashing around in their fully-enclosed pool. But the jury was left with a hazy impression of the layout of the Frasch property and from the way it was presented in court, would have imagined the whole thing taking place by an open-air pool - in which case, the lack of noise would have been more significant.


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