April 15th wknd of Sleuthing

[gritguy]

Snipped respectfully.
Anyway, if it matters and the verdict is guilty the defense has the issue preserved for appeal. Having said that, if the defense has the hard drive image, and I think they do, shouldn't they have experts who can dispute whatever about the search, which is I think what they are so afraid of?

Thanks for reminding me. I am pretty sure that Zellinger admitted that all the forensics had been done on the original hard drive and they did not image it. I was floored by that and thought I had heard it wrong. But, Cummings brought it up later. I don't think this was on camera, but I was shocked that those procedures had only been recently implemented. I found that in itself to have been wholly inept as far as preservation goes.[/QUOTE]

Interesting point. During the motion hearing the prosecution was saying I think they had an image. That would be true if they made the MFT later and imaged the drive before that, but good point that the if the disk were not imaged before that then it's not an image of the original disk.

I don't buy the theory the LEO's changed things to create negative evidence (not meaning to imply that you are saying that), but that point you bring up would have me listening carefully to defense expert testimony on the timing of the Fielding Drive laptop search.

 

[Danielle59]

Originally Posted by Danielle59
Exactly, but Det. Chappell said when you did a search on 27518 that Fielding Dr. was the geographical center of that search, which isn't true. Then they tried to say the zip code boundaries expanded and that was why it wasn't the geographical center anymore. None of that is true since Fielding Dr was never in zip 27518 to be the center of a search on it.

When I want to get a 5 mile radius on google maps, I simply type the zip code. Did you forget he panned over and zoomed in on the area off Fielding Drive?

You keep ignoring that Det. Chappell testified under oath that Fielding Dr was the geographical center 27518 in a google search, why did he make that misrepresenation? Fielding Dr was never the geographical center of 27518. If it had of been there would have been no need to pan over.

 

[Just the Fax]

You keep ignoring that Det. Chappell testified under oath that Fielding Dr was the geographical center 27518 in a google search, why did he make that misrepresenation? Fielding Dr was never the geographical center of 27518. If it had of been there would have been no need to pan over.

Did you hear Detective Chappell's testimony?

 

[Danielle59]

Bottom line: either the evidence is on the computer or it's not. Does Kurtz really need the report or is he just trying to find a way to muddy the waters with questions (usually statements) that make it seem like the information is incorrect? Obviously he can't do that (make it seem like the information is incorrect) with his own witness. MOO

The state is saying we have evidence, we are going to use it as our smoking gun, you can't see it, does that sound like the justice you want in the USA? There is also the issue of the Judge not letting Kurtz cross people on others work product, in this case he is saying that it is ok. It is just not right.

 

[dramamama]

Can someone firmly on the guilty side give me an idea of why Nancy was found only in a sports bra? Are we thinking she was still in the dress from the party when she died or what?

cadaveric spasms and| or heat contributed to immediate rigamortis.

 

[johnfear]

cadaveric spasms and| or heat contributed to immediate rigamortis.

? She shook all her clothes off on the way to the dump site? Am I biting on troll bait?

 

[SleuthinNC]

So since no other testimony came up about this, what the heck was the point the prosecution was trying to make regarding the cell phone tower pings and seizure time? Was that just wasted hours time?

 

[borndem]

does any one think it is strange the defense team told the Police be very careful with Nancy's cell phone...not any other phone just Nancy's

Brad would have known the steps needed to access the phone..I think he rigged the phone so it would erase..during the access attempt
I can't see Nancy locking her phone since she used it just the night before

Can you imagine if everyone who followed Sprint, or AT&T etc. instructions to access their phone if it got erased??

I've been suspicious all along about that letter/email re NC's phone. I think BC erased it and the attys knew it -- so that when CPD or whoever accessed it, it would be empty and CPD would assume they did something wrong to screw it up. I know the how's & whens & whats need work, but your theory or a variation of mine seems likely to me. BC was the phone & gadget expert...

 

[johnfear]

I've been suspicious all along about that letter/email re NC's phone. I think BC erased it and the attys knew it -- so that when CPD or whoever accessed it, it would be empty and CPD would assume they did something wrong to screw it up. I know the how's & whens & whats need work, but your theory or a variation of mine seems likely to me. BC was the phone & gadget expert...

Which is PRECISELY why a Cary PD Officer (or detective) should have immediately said....ummmm, let's not touch THAT. Call CC at the FBI CTF in DPD and let them handle it.

 

[Just the Fax]

So since no other testimony came up about this, what the heck was the point the prosecution was trying to make regarding the cell phone tower pings and seizure time? Was that just wasted hours time?

Guess you didn't take good notes?

 

[Danielle59]

Originally Posted by johnfear
I'm still hung up on TWO detectives stating they know very little about smart phones who described in detail the importance of smart phones and cell phones in probable cause affidavits to WC judges and the fact that they were still looking for evidence (and plainly STATE they have no evidence) in October of 2010, two full years after BC's arrest.

Originally Posted by Just the Fax
Detectives know very little about many things they request SW's on.
I agree, I am still perplexed as to the timing of the 10/2010 SW on the Samsung phone.

Originally Posted by Danielle59
Det. Young wrote this about his training and experience, are you saying he was lying in this request for a search warrant?

http://www.wral.com/asset/news/local...4205150825.pdf

Pg. 3
"My training and experience has shown that people use personal electronic devices, to include cellular telephones, for many aspects of their daily lives. This practice is even more common among people who work in the technology sector, such as Brad Cooper was, a VOIP (Voice over Internet Protocol) engineeer for Cisco Systems, Inc. Numerous past investigations have revealed evidence of crimes on electronic devices to include evidence of motive, method and intent to commit specific crimes via photographs, text messages, email messages, websites and other digital files stored on these devices."

Thanks for all that, but I was referring to the Detective Daniels.

Really? I didn't get that it was specific to Daniels in the conversation above, and what I excerpted was from the 10/20 SW on the Samsung. BTW, what I was quoting was a direct quote from Young about his experience.

 

[Danielle59]

Yes, we know because you posted this before.
Again, Nancy lived for years in that home.
What possible evidence could they get from her possible DNA within the very tight crevices of the hardwood floors:waitasec:

Bodily fluids which would show degeneration if they were old.

 

[Danielle59]

I believe the big old 160 page "Coopermotion.pdf" may have a mention in it. You have to read it twice and the second time you have to make notes on where you are so you can see the defense request, the response, then the ruling.
It gets convoluted, which is what made me blow it off in the first place thinking there was going to be something HUGE in here beyond the google search.

By the way, earlier, someone said in front of the cameras, but what I was saying was IN CAMERA, (in chambers away from everything. Just the judge, the counsel of each side and the specific experts for each side, so that NOTHING goes on public record about the technique, but that enough of an explanation can go back and forth so that it can be understood.)

Also, does the closed hand file actually "keep an image" on it? Or did they use it to then re-create the search string and keystrokes and make their own image. I think that was the key to the whole MFT argument that Kurtz did not understand. I also think he was trying to keep some other stuff out re: emails, etc.

I will have to look again, I just opened all the other search warrant requests and they were done by Young.

 

[less0305]

I am not sure, but the defense was also denied all access to a third interview with Pearson and there were some "side bars sans jury" about this in court.

The judge went off the chain at Kurtz saying he'd left the jury with the impression that someone had lied to "this witness" when clearly someone had and Dismukes didn't seem quite as hellbent on covering it up, but the Pros did.

Is it possible because the defense is hell bent on making a suggestion that an innocent person committed this crime - a person they know themselves did not commit murder on NC?

 

[Tink56]

Bodily fluids which would show degeneration if they were old.

Hmmmm....Just did some quick reading. This must be a new finding....I can't find anything that would indicate there is an accurate way to measure the "age" of bodily fluids...or what that might prove...serology may not yield DNA for a variety of reasons...it is easily cross contaminated...but I can't find a thing about telling the age through serology....Do you have a source I can reference?

 

[Danielle59]

Originally Posted by Danielle59
You keep ignoring that Det. Chappell testified under oath that Fielding Dr was the geographical center 27518 in a google search, why did he make that misrepresenation? Fielding Dr was never the geographical center of 27518. If it had of been there would have been no need to pan over.

Did you hear Detective Chappell's testimony?

It was quoted in the paper, with quotations marks, why do you keep avoiding the issue? I know it doesn't fit your scenario, but why the subtefuge?

 

[borndem]

anybody think court will be canceled tomorrow

As concerned as the Judge is with moving things along, I don't think so unless it involved a juror (they do have alternates) or one of the principals (that's why there are multiple chairs up there). I would be very, very surprised -- unless the courthouse has been damaged, which we would probably know about by now. It would take a freight train to make Gessner delay it. JMO

 

[johnfear]

Is it possible because the defense is hell bent on making a suggestion that an innocent person committed this crime - a person they know themselves did not commit murder on NC?

No clue. I know little of this story line or how it may all be related. My understanding is there was an initial interview, a follow-up by a second person and a second formal interview. There were obvious inconsistencies or they would not have bothered with all of this. When asked, safe prosecutor who feels good about his case would be saying: THAT STORY LINE was EXPLORED and we did not feel it fit what we have here.

And no, it isn't safe enough to default to the snipey: Well, we charged the defendant didn't we?

But I am fairly sure Kurtz will bring it up.

 

[Just the Fax]

Really? I didn't get that it was specific to Daniels in the conversation above, and what I excerpted was from the 10/20 SW on the Samsung. BTW, what I was quoting was a direct quote from Young about his experience.

JF was talking about 2 detectives.
Daniels was the only one that admitted he used a phone to make and receive calls and knew nothing more. Sorry I said "detectives"

 

[dramamama]

cadaveric spasms and| or heat contributed to immediate rigamortis.

Cadaveric spasm, also known as instantaneous rigor, cataleptic rigidity, or instantaneous rigidity, is a rare form of muscular stiffening that occurs at the moment of death, persists into the period of rigor mortis[1] and can be mistaken for rigor mortis. The cause is unknown, but is usually associated with violent deaths happening under extremely physical circumstances with intense emotion.