The state’s theory of the crime fell apart this past October, when Potkin and a team from the Innocence Project presented nearly a week’s worth of testimony from several renowned entomologists and a medical examiner, each of whom demonstrated why the state’s narrative never made any scientific sense. In short, had Bailey been slaughtered in the pre-dawn hours and his body left outside all day in the summer heat, as the state claimed, blowflies — nature’s swift and ubiquitous first responders to scenes of death — would have quickly colonized his remains, leaving visible clusters of eggs in his various wounds.
Still, the prosecution would not be bowed: At the October hearing, prosecutor Sandra DiGiacomo tried to peddle the notion that flies in Las Vegas behave unlike flies everywhere else in the world. It didn’t work. In a detailed opinion filed December 19, Judge Stefany Miley concluded that the testimony of Lobato’s experts was credible, and had a jury heard such evidence, she might have been acquitted. Miley granted Lobato a new trial.