otg, you know I value your knowledge on this case even though we sometimes (often :giggle
disagree.
I think we actually agree much more than you might think. We only disagree on the details. What makes it seem like we disagree a lot is our ability to discuss those details (respectfully) more than we discuss our agreements. You know my feeling is mutual about your knowledge and critical thinking abilities.
Imo, a broken paintbrush would leave a different size and type of abrasion than a finger/fingernail. A gloved finger would leave different injuries than would an ungloved finger.
I agree completely with what you stated here. A
BROKEN paintbrush would cause much more damage to the delicate flesh than was noted in the AR. I believe the paintbrush was used before it was broken. I believe that because it most likely had blood on it, the person(s) who altered the crime scene chose to get rid of the evidence by breaking the rounded end of the paintbrush off and secreting it out of the house. This is some of what Dr. John McCann said in reference to this injury (from “Bonita Papers” --
emphasis mine):
It was his opinion that the injury appeared to have been caused by a relatively small, very firm object which, due to the area of bruising, had made very forceful contact not only with the hymen, but also with the tissues surrounding the hymen. McCann believed that the object was forcefully jabbed in – not just shoved in. Although the bruised area would indicate something about the size of a finger nail, he did not believe it was a finger, because of the well demarcated edges of the bruise indicating an object much firmer than a finger. McCann was not able to see any fresh tears of the hymen which he thought might be due to the lack of detail in the photographs. It was unclear where the blood on the perineum originated, since there were no lacerations visible in these photos. McCann also noted that in children of this age group the labia, or vaginal lips, remain closed until literally manually separated. In order for there to be an injury to the hymen without injuring the labia, the labia would have to be manually separated before the object was inserted. The examination also indicated that the assault was done while the child was still alive because of the redness in the surrounding tissue and blood in the area.
McCann stated that this injury would have been very painful because the area of the injury as indicated by the bruise was at the base of the hymen were most of the nerve endings are located. Such an injury would have caused a six year old child to scream or yell. The doctor also stated that he assumed the object did not have jagged edges because there were no evidence of tears in the bruised area.
Additionally, I agree with your posit that a
gloved finger might be more consistent with the described genital injuries (than an
ungloved finger), and I don't think I've ever heard any so-called "experts" put forth that position. Excellent point!
I'm pretty certain there were wooden fragments consistent with the paintbrush found in the vagina (based on what I've read) but the birefringent material may or may not have been from the paintbrush.
True that. TMK, it has never been acknowledged that the “birefringent foreign material” was or was not the wooden splinter. It could be as Dr. Wecht speculated: talcum powder from a medical glove. It could also be varnish from the outside of the paintbrush which was described as being old and flaking off. All these things are birefringement (as I understand it). This is one of those things that I’m sure investigators know, and that we (the public) do not.
I think Dr. Meyer would have said consistent with penetration by a foreign object if he had thought the paintbrush was the means.
At the time he was describing the injuries he saw (according to a third-hand account), he had no idea what to consider as the possible cause other than to say it was “consistent with digital penetration” so as to differentiate it from what would ordinarily be considered (penile penetration) in a sexual assault.
If JonBenet was penetrated by the paintbrush and Burke did it, wouldn't you think his fingerprints or DNA would have been on the paint tote and/or remaining end of the brush?
I think that before the two pieces of paintbrush that were found were left behind, they were wiped free of fingerprints. Ever hear about
Patsy’s fingerprints or DNA being found on
Patsy’s paintbrush? If not, why not? Shouldn’t
her fingerprints be all over one of
her paintbrushes? As for DNA, was either piece of the paintbrush ever tested for DNA? I’ve never heard about it if it was.
Thanks for your insights.
Thank YOU,
BOESP, for such engaging questions that make me (and everyone else who reads them) think about what we know and what it might mean. That’s why you and I have so many of what might seem like disagreements: BECAUSE WE WANT ANSWERS!