That's true, but sine the dogs programming is evidence, the evidence can now not be contested by the defense, and it's weak evidence since it only exists in affidavits, and from witness testimony, rather than being actual evidence that can be contested, if that makes sense.
Affidavits would constitute the strongest evidence either way. It's not like they'd ever drag the dogs into the courtroom or anything. The defence would not be able to contest the evidence, unless they had evidence of their own that the experts were committing perjury.
You say that realistically both dogs would have been destroyed long before the trial, but wouldn't the dog trainer come forth and say she reprogrammed them, and therefore, there is no cause to destroy them?
Once a dog has not only attacked, but killed a person, it is going to take a lot to save its life. It also has to do with the public sense of justice.
You say Columbo needed to prove that the dogs were programmed to kill. I still kind of feel like showing a jury the dogs attack a tape recorder that says Rosebud, would still be more effective, than just saying that he saw the defendant give the kill command.
Why would that be more effective? No one knows what the victim said over the phone - the kill word might as well have been "popcorn" for all the jury knows. Having the dogs attack at "Rosebud" wouldn't prove a thing. What
would constitute solid evidence, however, is if it had been recorded that they attacked on a specific word
before the reprogramming, combined with Columbo's testimony that the suspect issued that very command to the dogs to attack Columbo (a plot hole here is why he would say "Rosebud" when the dogs were trained to attack the person who
said "Rosebud" - pointing at someone wouldn't make a difference). That is the only way to secure a conviction. Not reprogramming the dogs and having them attack a tape recorder would prove nothing, because then you would need to prove that the victim said the kill word in their presence. With Columbo's trap, attempted murder could be proven, which in turn would more than imply that Columbo's deductions about the murder had been correct.
If the defendant giving the kill command wasn't necessary to prove the case, cause the dog trainer and other witnesses could prove it, then why did Columbo bother to go into the villain's house, with his dogs, and bait him into giving the kill command?
Because without this trap, the defence could still argue that the dogs attacked for no reason.
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