Klein v. Martin · ¶46

The panel majority discounted the strength of the evidence against Martin because it thought that strong evidence linked McFadden to the commission of the crime. Yet that theory was inconsistent with the undisputed testimony that Torok ended her phone call with Wolfe to speak with a man who was at the door. Nor did any evidence tie McFadden to the Gatorade bottle or the disposal of the frearm. And even if McFadden were somehow involved in the crime, Martin could have been an accessory anyway. After all, a fair- minded jurist could decide that no evidence suggests that McFadden knew about Torok, or had any reason to want her killed, except through and because of Martin. See id., at 439a.

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