One pathologist’s opinion (at $400+/hr.) is worth what? All such testimony evokes is more questions. How long after death? Minutes? Hours? Months? But more importantly WHY? What’s reasonable here? If, in fact, a proof actually exists for the post-mortem placement of the tape, then the motive for such placement assuredly doesn’t. Are we then simply to dismiss the taping as a random act? Or to accept it as a fact (in which, apparently, even the defense concurred by buying the expert testimony that established its existence)?
Creates reasonable doubt.
If your lawyer has all the evidence and loses, you need to consider obtaining new counsel. Jurors are only dumb if lawyers permit them to be ignorant.
If the pathologist is the only forensic expert called in, then their opinion is worth 100% of the forensic pathology issues in the case.