Gabrielle Jane Nestande DUI Death Trial: 10 Reasons Things Don't Look Good for Defense

- An accident reconstructionist for the prosecution said today the driver would have had 13 seconds to see Griffin and avoid her, which a sober driver could have done. A reconstructionist for the defense countered the driver could have experienced glare and not expected to see a pedestrian in the bike lane. The defense has pointed out there was a sidewalk next to the bike lane Griffin could have walked on.

- An expert testified today that Griffin's DNA was found on Gabby's cracked windshield. Video shown Friday revealed a significant amount of blood on the late nanny's body, producing a gasp in courtroom, the exit of her family members and Gabby dropping her head into her hand. The Travis County medical examiner testified Friday that several skull fractures were among Griffin's injuries, which along with the BMW damage indicated she'd been hit from behind and rendered unconscious immediately.

- Gabby's boyfriend, William Marchbanks, was not forthcoming and could not answer questions about basic details, according to the police sergeant who testified Friday and Monday. A different friend told the cop Nestande told him someone threw something at her car that night. Another friend mentioned a deer but told the policemen, when pressed, Gabby admitted to having hit a person. Marchbanks said Gabby told him "she couldn't get that image out of her head."

- After talking with Marchbanks, the police sergeant videotaped an interview with Nestande in her office for Texas state Rep. Wayne Christian. Shown to the jury, the tape has Nestande talking about her background, how she got into politics, whether the governor she campaigned for, Rick Perry, would run for president--and then how she'd been told not to talk to anyone until she had a lawyer. At that time, the cop felt she could be arrested for failing to stop and render aid but, until move evidence was collected, not for driving while intoxicated.

- Gabby called her family in Newport Beach from the Texas jail house that held her, according to an audio recording playing in court Thursday. "Mom, I'm in jail" she is heard telling her mother. "I will never drink again," she comments when her sister Francesca Nestande gets on the line. The Lone Star media portrayed as a "bombshell" an apparent contradiction of Gabby's assertions she did not know right away she hit a person. Francesca: "Did you know at all, how drunk were you?" Gabby: "Yes I did know." Francesca: "You knew?" Gabby: "I wasn't, yes I did I know what happened."

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