FL FL - Yessinia Suarez, 28, & 2 children, Deltona, 22 Oct 2013 #1 *L. Toledo guilty*

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Here's a pic of the Petco dumpster items spread out...

[video=twitter;920283758086955008]https://twitter.com/CCLawNewz/status/920283758086955008[/video]
 
Frank Fernandez‏ @frankfff 1h1 hour ago

Johnson is on redirect as testimony resumes in #luistoledo case. Nappi now on recross

Nappi asks about the black shirt that Toledo could not be included in DNA from shirt, even though he could not be excluded. Gorgone agrees

Mark Johnson then asks Tyshawn Jackson was excluded from the shirt. Gorgone said yes Jackson's DNA was excluded from shirt

Now another FDLE analyst has taken the stand.

DNA analyst says he found a partial DNA profile to Michael Otto in blood on a gauze #luistoledo

DNA analyst said another swab from master bathroom was a partial match to Thalia Otto #luistoledo

Prosecutor Will said earlier they don't believe Michael's blood which was a small amount on a gauze is related to the crime #luistoledo

DNA expert said Thalia could neither be included or excluded from another swab but everyone else, such as Toledo or Jackson were excluded

FDLE analyst said none of the samples he tested contained blood that even partially matched Tyshawn Jackson #luistoledo

Nappi just named three samples from master bath that did not come back as positive for blood. Nappi focusing on bloodless swabs

Swab under latch area failed to indicate blood, Nappi asked. FDLE analyst said it was not tested for blood.

No blood on handle of shovel in garage, Nappi asked? No blood, analyst said


https://twitter.com/frankfff


Has it been determined how they got the DNA sample for Tyshawn Jackson? Did he give it voluntarily?

Idk. But he was already on probation for burglary so maybe they take DNA when a person is arrested? Or, maybe he did give it voluntarily. I don't think that was in MSM or court docs, that I remember.
 
[video=youtube;m-gHKetZZ0s]https://www.youtube.com/watch?v=m-gHKetZZ0s[/video]
 
Frank Fernandez‏ @frankfff now1 minute ago

Dianne McConaghey, FDLE footwear impression expert, is now on stand direct exam by prosecutor Mark Johnson #luistoledo

Another sidebar after defense objects to evidence from FDLE footwear expert


https://twitter.com/frankfff
 
Frank Fernandez‏ @frankfff 6m6 minutes ago

She examined the left black Timberland boot, size 7m

Footwear expert said she found imprint of boot on plastic sheeting.


https://twitter.com/frankfff

***Not too many men with size 7 feet are there? Hard to discount who they belonged to.
 
Idk. But he was already on probation for burglary so maybe they take DNA when a person is arrested? Or, maybe he did give it voluntarily. I don't think that was in MSM or court docs, that I remember.

I suppose if he was convicted of a crime that his DNA was on file. So you're probably right about that. However I would think it would be important for the prosecution to point out that he gave it voluntarily if that is in fact what happened. So perhaps LE didn't bother to ask since they already had a sample on file.

MOO
 
[video=twitter;920368815459803136]https://twitter.com/frankfff/status/920368815459803136[/video]
 
[video=twitter;920369604295319554]https://twitter.com/frankfff/status/920369604295319554[/video]

The other impression could have been made by either boot #luistoledo. She is not making an identification, though
 
A quick search shows that the average US man's size shoe is 10.5. 7 does seem quite a bit below average. Suits LT to a tee.
 
Where was the plastic sheeting found? I haven't been able to watch any of the live stream.
 
[video=twitter;920372571698270208]https://twitter.com/frankfff/status/920372571698270208[/video]
 
Where was the plastic sheeting found? I haven't been able to watch any of the live stream.

I thought it was found in the bottom of his outside garbage bin (home) but now I'm not sure. Maybe it was in one of the dumpsters? Idk. I do recall the plastic sheeting--I thought it was said it was a shower curtain (but that was early in the case, which could have been reported incorrectly).
 
Where was the plastic sheeting found? I haven't been able to watch any of the live stream.

In one of the dumpsters but I don't know which one. Unfortunately this morning I was having a lot of trouble watching the livestream. Will have to watch again to see.
 
Where was the plastic sheeting found? I haven't been able to watch any of the live stream.

Found it! But I still am not sure if the plastic sheeting they're referring to is the shower curtain found in the home trash can.

http://www.websleuths.com/forums/sh...hildren-Deltona-22-Oct-2013/page32&styleid=21


Kamille said:10-12-2017 04:33 PM

Frank Fernandez‏ @frankfff now1 minute ago

Mott said he checked the trash can outside house and found some damaged canvass paintings and trash bags and beneath that a shower liner

In the trash can, Mott found a shower liner wet with a pinkish liquid and had a smell of cleaner or vinegar

He found about three empty bottles of cleaning products in the trash can


https://twitter.com/frankfff?lang=en

My notes...

In the trash can he found 3 white kitchen bags of trash, 3 canvas paintings that were damaged/torn, smell of cleaning products, wetness of cleaning products, 3 empty bottles of cleaners. All wetness was found within the bags and not on the outside of the bags indicating it had not been wet in the can. Pinkish liquid on shower liner smelled of cleaner and/or vinegar.​


 
Frank Fernandez‏ @frankfff 4m4 minutes ago

FDLE shoe impression expert demonstrating how she compares boots to boot prints by use of overlay and photographs of shoe impressions

Michael Nappi now cross examining the FDLE shoe impression expert

Nappi asked if she sent the white powdery substance on the boot out for testing. No she said

Nappi a class characteristic is common for types of boots by manufacturer. Yes, expert says

Nappi says it's not an identification but the impression could have been made by the boot. expert agrees.

She said there is no individual characteristic to be able to make an identification.

Nappi asked about the impressions on the sheeting. She said not sure if they were from shoes

Nappi done, Johnson back up on redirect going through levels of classification of shoe impressions

Nappi back up briefly and witness is excused.


https://twitter.com/frankfff
 
Frank Fernandez‏ @frankfff now58 seconds ago

Jurors excused for the day but Judge Zambrano and lawyers are now going to discuss something after a 5 minute break.
 
Frank Fernandez‏ @frankfff 2m2 minutes ago

Toledo's defense attorney, Jeff Deen, arguing state has failed to show any proof of a crime, no proof of murder, Deen argues

#luistoledo Defense attorney Jeff Deen argues there has been no proof at all of first-degree murder, no proof of murder

Deen says state has to show that the person has died, it was caused by criminal act and it was premeditation. #luistoledo

Deen says proving death has not proven murder. There has been no evidence that anyone killed anyone #luistoledo

Deen says the crime charged has to be proven before statements can be admitted. #luistoledo

#luistoledo made statement to police that his wife died after he karate chopped her in neck during argument/confrontation

Deen wants judge to stop prosecutors from playing #luistoledo statement to jury


https://twitter.com/frankfff
 
Frank Fernandez‏ @frankfff 2m2 minutes ago

In response to judge, Deen says they proved a death but no other element of the crime, like a criminal agency

Judge Zambrano refers to another case that requires each element of a crime be shown before a statement is admitted

Prosecutor Mark Johnson says "we obviously disagree." He says they have proven a crime to point of allowing #luistoledo statements

Johnson citing some other no body murder cases from Florida #luistoledo

Johnson cites Crane case in which child's body was not found but suspect had scratches, bleached bathroom in middle of night #luistoledo

Judge Zambrano asks him to skip to facts in Toledo case

Johnson says he has written down 15 things: no contact from victims in four years despite previous history of daily contact #luistoledo

No activity in Suarez's account. The children never returned to school and no request for records from another schoool

Suarez had a good job. She was just months away from her graduating with a bachelor's degree which was a big deal to her

Saurez's car was left behind with purse, checkbook and cell phone inside and left a house full of possessions

Testimony from neighbors who heard screams from female saying help me at night

investigators found blood in bathroom and that many of them matched Thalia Otto. Her blood was found on Toledo's boot and on trunk mat

Kids are too young to be independent, Johnson said

Defendant has motive for murder after discovering the affair with coworker. marriage going down hill. He confronted her angrily at work

Toledo asked neighbor to help him move wife's car and then seen suspiciously wiping car down, dumped items in dumpster

He dumped vacuum cleaner and stuff animals in another dumpster.

First deputy at #luistoledo house smelled strong scent of cleaners

"I don't even think this is a close call. I think the evidence is overwhelming," Johnson says #luistoledo


https://twitter.com/frankfff

*I agree. The evidence IS overwhelming. And that's only the evidence that was allowed in. Can't believe the law is written in such a way that LT's statements admitting to killing YS and all the other lies and bull$%!t that he uttered in those statements might be not allowed in along with his gang ties and previous violent criminal record. :notgood:

MOO
 
Frank Fernandez‏ @frankfff 1m1 minute ago

Deen now back up. judge says he has the last word

Defense attorney Deen speaks as Toledo watches him

Deen "We go from having a well kept house to it being a murder scene because it smelled like pinesol that's not evidence of anything"

Deen says there's nothing there that says this is how they died.

Deen says cell phone was not found in the car.

Judge Zambrano says teenagers heard someone screaming. That's another circumstance.


https://twitter.com/frankfff
 
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