CHARLESTON, SC (WCSC) - Now that Heather Kamp is facing tougher charges in the murder of Kate Waring, does that hurt or help Ethan Mack during his trial?
Legal analyst and former U.S. attorney Bart Daniel said Wednesday that this is a difficult case to prosecute because the eyewitness at the scene, Kamp, has a checkered, criminal history, but he said a conviction for Mack is not necessarily out of reach for the prosecution.
"In this case you've got an eyewitness, but perhaps there's enough circumstantial evidence that even if the jury decided to totally disbelieve that eyewitness they can decide based on the circumstantial evidence that there's enough to convict the defendant," Daniel said.
Daniel explained the difference between an eyewitness account and circumstantial evidence using the following analogy.
For instance, if you saw it rain you would be an eyewitness to the rain. That is direct evidence. If you did not see it rain, but the next morning you woke up, you went outside and you stepped in a puddle, you felt it was wet, you saw the eaves dripping, and you saw the drips off the leaves and saw puddles on the ground. You would know in fact that it had rained.
Daniel said from what he has seen so far, he would expect the Mack trial to wrap up in a matter of days.