Dan Flannery is Kerry Sutton's client; she has been told he's not involved.
Dan Flannery is Butch Williams' client. And Butch was told in the first round that Flannery was not one of the two. Doesn't mean in the this round that he's not the one.
Kerry Sutton's client is the other team captain Matt, who was wathcing the David Letterman show in the room next to the bathroom. CM does mention a player watching tv in one of the bedrooms, in fact she mentions a few. I think there were three or four watching tv. Matt said he didn't hear anything in the bathroom. Of course, his word doesn't count. Interesting though she notes she saw a few players watching tv.
My guess is that the Defense released this information.
Didn't the AV say she identified Finnerty because of the scratches on his back.