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Originally Posted by GuestSpeaker
It was because at that point he was making a human-side argument, just one that was different to Erika's. He still used a human culprit without magic after all, he didn't switch to witch side fully until game 6.
Oh Erika definitely got shafted, Lambda basically orchestrated the thing, she recommended Battler so that he could appeal, and claimed the gold made him automatic GM, and THEN told him to basically shut up so she could quickly declare the retrial in his favour. That bit I quoted before makes it quite clear they are basically rushing things so that Erika doesn't pick up on what Battler is doing, just like Battler initially did to Eva when she first started.
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Kinzo being dead had nothing to do with Battler's theory though. It was about denying Erika's theory with Kinzo carrying the corpses.