4.2.12 WC: 191694 poisoning; they did not have to agree on the means used to murder Binion, as long as they all agreed that “his death was caused by a criminal agency,” that is by a murderous act attributable to the defendants. The jury deliberated for 8 days and found the defendants guilty. My brother and I were retained to prepare and argue the appeal and to file a motion for a new trial based on newly discovered evidence. We began our investigation by focusing on the burking theory. Since the jury could have convicted based on that theory alone, if we could undercut it, Murphy would have to be given a new trial.“ We would turn the prosecution’s “multiple choice” offense into an appellate defense. One important pillar of the burking theory was a “bruise” on Binion’s chest that had been photographed. Since Dr. Baden hadn’t examined Binion’s body, he had to rely on the photograph alone. He concluded that the bruise—which appeared consistent with the shape and size of Binion’s shirt button—had been caused by Binion being burked. We had the photograph enlarged and enhanced by the most sophisticated technology. We then showed it to one of the world’s most distinguished dermatologists who examined it, using every more sophisticated technology. His conclusion dealt a powerful blow to the burking theory: the mark on Binion’s body was not a bruise he could have gotten from being burked; instead, the structure of the blood vessels in the “bruise” proved that it was a benign skin tumor he had for years before his death. Additional field research further discredited both the burking and cocktail theories. We were now confident that if Murphy were to receive a new trial, a jury would acquit her. The prosecution’s “multiple choice” theory had become a “no choice” near certainty. Now all we needed was an opportunity to obtain a new trial. Our best chance of securing a second trial was to win the appeal, and the best issue on appeal—the safest and neatest—was the judge’s decision