Originally Posted by l98ster
I can see a defense attorney saying that since the person was so prepared to deal with police after the shooting, that it was premeditated. He could argue that this person prepared ahead of time becuase he KNEW this shooting was going to happen.
I think Al's right, that you meant prosecutor. Beyond that, let's look at their possible investigation: (1) I don't have to tell the police about my conversations with my wife (spousal communications privilege, A5 privilege); (2) my wife doesn't have to tell them (spousal communications privilege). They'll have to find probable cause to get a warrant for my computer and find my internet posts.
Even at that, I try to plan for every legal contingency. Why should SD be any different?