April 22 weekend of Sleuthiness

[justthinking2008]

<mod snip>

I do not think anyone is trying to smear NC. He had an affair and so did she, it appears that both of them had extra marital affairs, the marriage was very unhappy from our view. My husband and I both had affairs during our rough patch, but we worked it out. An affair does not have to end a marriage, NC was angry and rightfully so, she may have calmed down and changed her mind, her death does not allow us to know what the outcome would have been. No one knows what goes on inside someone else's home, we only what we are told from the people living in the home and the view is always slanted to that person's point of view.

 

[LAWsy_ME]

Thanks for your response. The hyoid bone fracture bypasses the need for a choke hold.
Physiology does that work, by the hematoma, swelling and closing of the airway, with death ensuing rapidly and without warning. An efficient way to do the deed.

 

[Cheyenne130]

With all due respect, I do not think anyone is trying to smear NC. He had an affair and so did she, it appears that both of them had extra marital affairs, the marriage was very unhappy from our view. My husband and I both had affairs during our rough patch, but we worked it out. An affair does not have to end a marriage, NC was angry and rightfully so, she may have calmed down and changed her mind, her death does not allow us to know what the outcome would have been. No one knows what goes on inside someone else's home, we only what we are told from the people living in the home and the view is always slanted to that person's point of view.

According the the real estate agent, she called on Thursday and indicated, "I want out now!"

According to many she was in "hate mode" on Friday.

She died on Saturday.

 

[justthinking2008]

Much medical research has been published on the findings of strangulation, owing to a no-longer promoted practice by police agencies wherein “choke holds” were trained and practiced as a way for officers to subdue suspects.[11] The summary experience with choking for control of suspects -- also called the “carotid restraint hold” , “shime waza”, or “the sleeper hold” -- is that death can ensue without the intent of the officer, and without leaving external marks on the body.

http://www.markwynn.com/dv/Death%20by%20Strangulation%20-%20Dr.%20Dean%20Hawley.pdf

A nice advantage of the carotid artery hold over the chokehold is that there is very little fight once the hold is in place. This is because there is no pain involved, and it takes only a few seconds before the opponent becomes groggy and loses consciousness. The chokehold, on the other hand, causes pain, choking and panic and takes longer for loss of consciousness. The proper application of the carotid sleeper causes the persons airway to rest in the crook of the arm, eliminating damage to the trachea and larynx.

http://aussiejujitsu.wetpaint.com/page/Carotid+Restraint+Principles

BBM -- I did the bolding.

This may sound stupid, but is there any evidence that choking will cause someone to vomit. My son was choked at school a few years ago by bully playing the choking game with him. The other kid got my son from behind and choked him until he passed out. He did not vomit, but had a nasty bruise on his forehead where he hit the bathroom floor.

 

[LAWsy_ME]

I could look it up on Pub Med, but I believe the diaphragm spasms with the effort of the victim to get air. CPR training here.....victims of choking may vomit.....doesn't always happen.

 

[SleuthSayer]

The 6 for the open are all the same. The 6 for the closed are different from the open, but all the same. Your example from yesterday has different values for each. How do you explain having all being the same?

Keep in mind that I don't have the top secret missile-launch-code-preserving, kiddie-*advertiser censored*-ring-busting, FBI tool to analyze the FAT. So, I don't have 6 timestamps per file. I could probably go download some freeware FAT analyzer, but I'm not inclined to do that on my work PC. If you want to do it on your PC, go for it.

Again, I wasn't making any claim about the timestamps that I showed because they are showing something different from what was shown in court. I was just trying to explain the correlation between the .cur file and the .bmp file. I really wish I hadn't bothered now.

There are 2 files in play here. The .cur file which is remote and is downloaded from maps.gstatic.com and the .bmp which is the cached version that is downloaded locally and stored in the temp internet files.

What I attached was what Windows Explorer shows you for the cursor. The popup is showing you info about 2 different files. It shows info for both the .cur file and the .bmp on the same popup. The create time (sometime in 2009) is the time that the .cur file that is stored at maps.gstatic.com was created. The access time is the last time that the .bmp file was last accessed from the temp internet files on the local disk. The third time shown on there was an expiration time. That's how long they will leave it in the cache before forcing it to be refreshed. That was 1 year from the time it was downloaded.

I assume that what the top secret FAT analyzer is showing is times for the .bmp file only. It would make sense to me that the create, modify, and access time could be the same. I don't know what the other 3 times shown were. Maybe I'll google it later and get the answer to that.

If you didn't have a .bmp cache of the closedhand file, for instance, but you clicked and dragged a map, they are going to go get the .cur file from maps.gstatic.com to show you the little picture of the closed hand. They are also going to create a .bmp cached version of the hand picture on the local disk in temp internet files so they don't have to keep going to get it from the Internet. In this case, I would expect the create, modify, and access to be identical and they would be the time that the cached .bmp was successfully saved on the local disk.

If you subsequently did something else, probably leaving Google Maps (causing the RAM copy of the hand image to get flushed) and then came back and did click+drag, it would access the .bmp file again. Now the create and modify times would be the same but the access time would be later.

If you never did something causing it to need to reload the hand .bmp, the create, modify, and access would stay the same.

Someone posted yesterday and asked what the info that I had posted meant in plain English. The answer I gave is what it meant was going to be fully dependent on whether you've already convinced yourself that Brad did it or that he didn't do it. That's exactly what happened. I didn't have any agenda when I posted the info. I was just trying to help. Shouldn't have bothered.

 

[LAWsy_ME]

CPR training....that is why a responder will roll a choking victim on their side, so the vomit won't be inhaled.

 

[gracielee]

According the the real estate agent, she called on Thursday and indicated, "I want out now!"

According to many she was in "hate mode" on Friday.

She died on Saturday.

Perhaps some who have been checking statistics can come up with some for 'women who have had this 3 day history, ending up the victims of random killings?' How lucky ole' brad was. :maddening:

 

[RoughlyCollie]

Regarding bruising, don't we have testimony from ME of a thin line on the throat.

INJURIES
There is a faint linear mark across the central neck in the area of the thyroid prominence approximately 1.3" in length. At the left margin there are several circular insect defects. Internally, there is dark discoloration of the anterior strap muscles on the left without definite evidence of hemorrhage.
There is marked congestion of the supraclavicular tissues on the left, but without obvious hemorrhage.
There is an area of abnormal flexibility in the distal portion of the right wing of the hyoid bone without accompanying hemorrhage. After stripping the periostium it is noted that the lateral surface of the bone is intact and that there is a vertical linear fracture of the medial surface.

http://www.wral.com/asset/news/local/2008/09/29/3638836/1222727302-NancyCooperAutopsyReport.pdf

BBM

 

[gracielee]

I could look it up on Pub Med, but I believe the diaphragm spasms with the effort of the victim to get air. CPR training here.....victims of choking may vomit.....doesn't always happen.

One of my children was choking on an object years ago, as it became dislodged, she did vomit, once she began coughing and breathing again. It was extremely fightening.

 

[SleuthinNC]

Usually with SRST there is a greater need than just 2 ports for PSTN access. As it relates to production systems in Ireland and RTP this is certainly the case. I base this on the thought that any remote branch support within Cisco would be handled by IT and not an alpha system.

you are kind of jumbling things together. I disagree about branch sites using SRST needing more than 2 ports but even if they do they can simply add more ports. The production systems in Ireland and RTP would not be considered the alpha network. The alpha network is a test network and by definition is not a production system. I think you are trying to make a point, I am just not following it.

 

[Albert]

you are kind of jumbling things together. I disagree about branch sites using SRST needing more than 2 ports but even if they do they can simply add more ports. The production systems in Ireland and RTP would not be considered the alpha network. The alpha network is a test network and by definition is not a production system. I think you are trying to make a point, I am just not following it.

The alpha systems were indeed production systems. Remember the testimony that indicated IT would provide the connectivity to these alpha systems so that the alpha users could communicate on the production enterprise network. The alpha systems simply ran the latest available version of code before the code was released to customers.

 

[cassius]

I can't believe I forgot this, an I KNOW family law, DUH!

North Carolina, and I believe South Carolina, is one the few, if not ONLY states that have POST Separation ADULTERY. So if it was proven she slept with JP, she got NOTHING...Wow.

Zen, I don't want to be rude and I am sure you mean well, but just about everything you have provided in your posts is an incorrect statement of North Carolina divorce law.

While we're on the topic, I think it would be prudent to point out that any discussion of "divorce" law needs to be broken down into two parts. The dissolution of the marriage and the disposition of the other aspects that are a result of the marriage -- custody, child support, alimony, equitable distrubtion, etc.

As to the dissolution of the marriage, the parties must live separate and apart for one year prior to the filing of a petition for absolute divorce. That is, either party can file for "divorce" no sooner than one year and one day from when they first began living separate and apart and the party filing the petition must have been a residence for at least the 6 months preceding the filing.

As to the other aspects of the marriage, again the parties must have separated prior to any filing for custody, support or equitable distribution (there are rare circumstances where such actions can be filed while the parties are still cohabiting if they are tied to an action for divorce from bed and board).

Custody: North Carolina determines child custody looking solely at the best interests of the child. While the statistics may show that mothers are granted primary custody more than fathers, the statistics also show that mothers are still overwhelmingly the primary caregivers in the family. However, I have never been involved in a situation where the court gave primary custody to the mother simply because she was the mother. (I will agree, however, that the custody order in this case was complete and utter abomination at the time, but that had more to do with politics than anything else.)

Child Support: North Carolina uses an incomes-shared model to determine a base child support amount. That is, the mother's and father's incomes are factored into the determination. It is not a discretionary number. There is a formula that it used to determine child support and from what I've seen the amount suggested in the proposed separation agreement is probably pretty close to what it should have been. Child support should be one of the easiest things to determine.

Alimony: Upon determining that there is a supporting spouse and a dependent spouse, the court in it's discretion can award alimony and the amount is discretionary taking into account a wide number of factors, not the least of which is the ability to pay. As for adultery (illicit sexual behavior), if the supporting spouse alone is found to have committed such, the judge must order alimony. If the dependent spouse alone is found to have committed such he/she is barred from receiving alimony. If both are found to have engaged in such, the court may in its discretion award alimony. You must know, however that North Carolina has condonation and recrimination. That is, if the other spouse either condoned the behavior or upon discovering it forgave the behavior and went on with the marriage, then those acts may not be used to bar/award alimony. ZEN mentioned post separation adultery and I have no idea what that is. The closest thing is that acts of post-separation sexual contact may be used to prove pre-separation acts of sexual conduct, but since the parties were not separated this is a non-starter.

ED: Equal is presumed equitable. There are factors to be considered for an unequal split of property, but in my experience it is very rare to do anything other than 50/50.

Sorry that was long. I could go on further but I need to watch House on my DVR now. I can answer questions if you have them...

 

[justthinking2008]

Sorry I do not buy the choking after the party. I have given this considerable thought. If Brad did it I think it had to happen something like this. NC had Crohn's disease, alcohol will aggravate Crohn's. I am not so sure that Kate woke him at 4am, I think it could have been NC sick. The ME said the Crohn's played no factor in the exam, yet I think it plays a huge factor. I cannot believe the ME would not have taken her bowel motility into factor. A person with Crohn's will have much quicker motility than a normal person. Once the colon spasms with Crohn's begin the pain is intense. The pain alone will make you vomit. If BC heard NC in the bathroom it may have given him the perfect opportunity to get her when she was at her worst. She would have been so sick she may not have had the strength to fight him at all. If he found her on the bathroom floor then it would have been easy to over take her, I believe the ME report states she was strangled in a supine position (on her back). He could have easily put her in the bath tub after this and all the evidence of the murder would have gone down the drain. In everything I have read I do not believe they pulled a drain sample, does anyone know? This would account for the empty bowel and the debris in her trachea, lack of defensive wounds and lower alcohol levels. Once all of the fluid activity was over all he had to do was wrap her up, put her in the car and dump her. I am basing my information on Crohn's from my own experiences. I know when I have an attack I am not quiet, I am violently ill, I am hot and coming out of my clothes ( as she may have been) and it saps all of my strength. Just my thoughts.

 

[LAWsy_ME]

Discoloration of the strap muscles.....could that be the effect of gravity on the bruise.
That would be my guess, according to what I have personally seen about how bruises migrate depending on position and gravity.

 

[Tink56]

He was qualified by the court as an expert witness. Do you really believe he would risk tarnishing his reputation on pro-bono work for a complete stranger? Why would he do that? This is live broadcast open court and you're suggesting he was biased so he wasn't truthful about the files? I don't think so!

ETA: It's interesting you trust a complete stranger's opinion on an internet site more than an expert (deemed by a biased judge) in network security.

You seem very knowledgeable about the "workings" of the legal system. I'm certanly no expert, but I do know that there are witnesses deemed expert who are support a certain point of view--defense or prosecution. I assume that Mr. Kurtz is well aware of the witnesses in your area that would likely support a defensive point-of-view. Just saying...

Here's a link to one firm that specializes in assisting defense counsels...there's all kinds of stuff out there...

http://www.mdxintl.com/about.htm

 

[fran]

Oh, absolutely not! I believe they did that to indicate the state of mind of Nancy more than anything. The timing of him denying her the money and the timing of her death is significant. Everyone focuses on something different but for me the statement about what she was wearing, the exact sports bra, was the most significant thing. The google search on the computer was just added evidence and would certainly go to premeditation. MOO

I thought that the 'google search' was what got me, but when Det D said what BC described her wearing, I changed my mind. THAT is the 'smoking gun.'

If he'd said the black/red sports bra and then said 'shorts, tshirt, (color)shoes, that would have matched what he ORIGINALLY said. But it was like, he FORGOT!

JMHO
fran

 

[RoughlyCollie]

This is an article I thought was interesting:

How to Improve Your Investigation and Prosecution of Strangulation Cases

http://www.ncdsv.org/images/strangulation_article.pdf

 

[LAWsy_ME]

The strap muscles run along side of the throat, and if you turn your head left, you can find that muscle on the right side of the neck. Turn right, and you find it on the right left side.
Those muscles pop out with head turning.....just pointing that out to visualize the anatomy and proximity to the hyoid bone.

 

[Cheyenne130]

Sorry I do not buy the choking after the party. I have given this considerable thought. If Brad did it I think it had to happen something like this. NC had Crohn's disease, alcohol will aggravate Crohn's. I am not so sure that Kate woke him at 4am, I think it could have been NC sick. The ME said the Crohn's played no factor in the exam, yet I think it plays a huge factor. I cannot believe the ME would not have taken her bowel motility into factor. A person with Crohn's will have much quicker motility than a normal person. Once the colon spasms with Crohn's begin the pain is intense. The pain alone will make you vomit. If BC heard NC in the bathroom it may have given him the perfect opportunity to get her when she was at her worst. She would have been so sick she may not have had the strength to fight him at all. If he found her on the bathroom floor then it would have been easy to over take her, I believe the ME report states she was strangled in a supine position (on her back). He could have easily put her in the bath tub after this and all the evidence of the murder would have gone down the drain. In everything I have read I do not believe they pulled a drain sample, does anyone know? This would account for the empty bowel and the debris in her trachea, lack of defensive wounds and lower alcohol levels. Once all of the fluid activity was over all he had to do was wrap her up, put her in the car and dump her. I am basing my information on Crohn's from my own experiences. I know when I have an attack I am not quiet, I am violently ill, I am hot and coming out of my clothes ( as she may have been) and it saps all of my strength. Just my thoughts.

I can't speak to all of this but there are little pieces of evidence that lead me to believe that she wasn't feeling well while still at the party. She ate something and indicated that she shouldn't be eating it but she did anyway. She kept checking her house to see when all the lights were out. (That leads me to believe that Brad's indication of going to bed between 8:30 and 9:00 and never getting up again is certainly not accurate. Someone had to turn off the lights.) At some point she left abruptly. This is all in witness testimony (except my assumption that lights went out at some point). I had a thought that she left abruptly because she was sick to her stomach and wanted to get home.