afitzy
Former Member
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@Megnut "I was SHOCKED when, Schoenhorn asked during his closing salad, how much evidence was lost by washing the car! (Whose side was he on?!)"Yes! And I recall Attorney McGuinness saying something generous about Schoenhorn "not understanding" Moody. Didn't matter though because the judge did.
Schoenhorn was trying to confuse everyone (without confusing himself) (of which he was not successful, spectacularly) by saying all the tested blood evidence should be thrown out because it might be not-blood and would confuse the easily confused jury.
Judge said, "not so fast, grasshopper". Law enforcement is investigating. They see a smear or stain or spatter. Experience tells them to investigate further. They test it. Doesn't light up? No need to test further. Schoenhorn says, "can't we all just agree not to talk about it?" No. Because, as the Judge highlighted, it goes to process. LE sees things, it directs their next steps. The results direct the next.
Especially relevant with the Tacoma, I think. Because the testing for blood at the time directed them to test further, and while much came back failing confirmatory testing, it was still significant when partnered with the discovery of car washing and detailing.
I was SHOCKED when, Schoenhorn asked during his closing salad, how much evidence was lost by washing the car! (Whose side was he on?!)
Anyway IMO the Judge overruled Schoenhorn's objections and denied his notions because first, just as Attorney McGuinness stated, Schoenhorn was applying/interpreting Moody wrongly and second, whether something was tested now and confirmed to be not-blood later isn't the ONLY finding with evidentiary value. There remains evidentiary value in the investigative process. Linkage. What LE believes AT THE THE TIME and why they did what they did next.
It's also possible I don't understand the challenge but I haven't had any wine... I hear wine helps.
JMO
I was just reading this fact filled post and the above quoted portion hit me as it was none other than Jon Schoenhorn, Esq. who held onto a box of evidence in the MT case for over a year and did not turn it in to CSP when the investigation was ongoing.
Just ponder that....I have been and am still stunned how this could have happened with zero consequences for Jon Schoenhorn, Esq. NONE.
He would never answer questions about the box or his decision to break so many rules in the CT Practices book that I cannot even count (I could but frankly he just isn't worth the time....).
IMO he did what he did because he knew there would be no consequences from withholding evidence in a criminal proceeding in CT. None. There wasn't even an admonishment from the Judge on the record regarding the withheld evidence during the hearing for the States motion to disqualify Horn from representing MT. To me, the story of even what the State thinks about CT is told by the fact that they in their motion sought to disqualify Horn NOT for withholding the evidence but because he might have to testify about it? Classic CT and even the State is in on grift!
Nope, he delivered the box of items to his attorney and had HER call CSP and give them the box. He and she then hid behind privledge to not discuss anything about the box of evidence.
Box had the hoodie (test positive by State for MT hair and PG hair) and other items and was believed to have previously been in the possession of none other than Norman Pattis, Esq. Another member of the CT Bar "Rat Pack" Top 10 imo.
Here is State's Motion to disqualify Jon Schoenhorn, Esq. from representing MT BUT the State never filed a complaint about the evidence being withheld and neither did the Judge. Why?
DocumentCloud
![www.documentcloud.org](/forums/proxy.php?image=https%3A%2F%2Fwww.documentcloud.org%2Ffavicon.png&hash=bc5db88cad00d9772340cb3eae1d13d0&return_error=1)
Not sure how this entire episode was allowed to happen with zero consequences? What would have happened if this evidence truly was critical to the case one way or another? Would the State have ever done anything? Seems doubtful to me.
So disappointing but sadly par for the course in CT.
MOO
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