
Originally Posted by
ccfc_is_my_life
Deeply flawed in your opinion.
The simple answer to your point is different juries. Without the juries coming out and explicitly stating their reasoning, your question is moot. Chances are the original jury felt there was enough evidence consent was given for Donaldson; not enough evidence to show Ched had gained consent or attempted to. That's supposition without knowing the jury reasoning.
Given the quality of the new evidence presented, I can see why Ched's team didn't want a second trial.