Lin Wood in CBS suit
Clemente: Isn’t it possible that JonBenét came down and saw that Burke was eating this,
and took one piece? She didn’t touch the bowl, she didn’t touch the spoon—
Spitz: You know, I have three grandchildren myself. Kids will do that. They’ll go by and
pick out a piece with their fingers.
Page 97 of 108
654. To convince their audience that their rampant speculation is accurate, Defendants
splice in a clip of a blonde girl stealing a piece of pineapple from a young boy, who, in turn,
violently grabs the girl by the wrist.
655. Upon information and belief, Defendants had actual knowledge and failed to
disclose that a Boulder PD analysis after the autopsy determined that JonBenét’s small intestine
had the remnants cherries, grapes, and pineapple—common fruit cocktail ingredients. Yet,
because the presence of cherries and grapes completely undermines Defendants’ series of events,
Defendants consciously fail to share their knowledge with the viewer. Instead, Spitz merely asks
“Did the pathology report indicate what the pineapple looked like, or the gastric contents?”
656. Further, Spitz is aware that the presence of the fruit cocktail in JonBenét’s
stomach does not establish a concrete timeline from which investigators may glean her time of
death, and that the minimum amount of time it would require for the fruit to get to JonBenét’s
lower intestine undermines the theory that it “started the cascade of the rest of events that
happened on the day she died.”
657. Defendants also knowingly failed to disclose that the amount of time it would
have taken the pineapple to travel to JonBenét’s small intestine is fundamentally inconsistent
with the Burke-did-it accusation.
658. Defendants then note that while Burke and Patsy’s fingertips are on the bowl of
pineapple, JonBenét’s are not. This is explainable, Defendants speculate, because she must have
only taken “one piece” but “didn’t touch the bowl” or “touch the spoon.”
659. Defendants have no factual basis for speculating that JonBenét took a piece of
Burke’s pineapple, much less that her fingerprints are not present on Defendants’ purported
smoking gun because she only “snatched one piece.”
Page 98 of 108
660. The fact JonBenét’s fingerprints are not on the bowl of pineapple or the spoon is
actually strong evidence that she did not eat the pineapple from the bowl.
661. Upon information and belief, Defendants knowingly failed to disclose that there
was more than one piece of fruit in JonBenét’s digestive tract.
662. Upon information and belief, Defendants knowingly failed to disclose that there
was more than one type of fruit in JonBenét’s digestive tract.

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