In MM's 2010 written statement to OAG/PSP he said
he was certain that sodomy was occurring. He also testified in a similar manner during the GJ proceedings.
The first time he started walking back that he was 100% certain sodomy was occurring was at the
12/16/11 prelim page 72 (re: his conversation with Joe). He said that based on the positions they were in, it was very clear that
it looked like there was intercourse going on but he wasn't 100% sure that that's what was going on.
If you can't see how that's night and day different than his 2010 written statement to OAG then I don't know what to tell you.
What it all boils down to is this. MM didn't actually see any rape, abuse, molestation, etc....he only ASSUMED it was happening based on the slapping sounds and the positioning he saw through a 2 second glimpse into a mirror. With that in mind it's no wonder that MM didn't EVER file a written statement to UPPD...he wasn't 100% sure exactly what JS and the kid were doing so he treated it as an HR issue and reported it up the chain instead of treating it as a suspected crime against a child that needs to be reported to law enforcement ASAP.
In this same 12/16/11 prelim testimony MM said he and his dad thought about calling the police that night but decided against it and instead told Joe the next morning. Why on Earth would anyone decide against that course of action if they were CERTAIN a kid was getting sodomized?? MM's 2010 written statement makes no sense and is contradicted by his own testimony at the 12/16/11 prelim.