Gary Hilton - Cheryl Dunlap murder TRIAL

[climbergirl]

My notes


Dr. Adina Schwartz
Video tape
Professor at John Jay College of Criminal Justice

Continued

Questions about Mr. Foggy's depo

He did not examine the surface of the tool
He eliminated the existence of sub class characteristics (surface)

Cappleman objected

Class characteristics Objection
Foggy used a sketch and did not exclude other types of double bladed knives other than the bayonet

Examiner should know the make and model of the tire

Test tire - Foggy testified that he did not know if it were the same

Angle of the stabbing makes a difference in the mark a tool makes in a tire Objection

Foggy claimed there were no sub-class characteristics

Lots of tools from the same batch could make the same or similar tool mark

Foggy did not have a comparison between tool marks
He did not follow his own lab's SOP

There is no database for tool mark comparison so there was nothing Foggy could compare to.
It was all based on examiners experience and training.

No objective criteria for making a tool mark identification.

There is not a clear determination of whether an specific tool is the only one that can make a mark, in Dr. Schwartz's opinion.

Experts rely on the "I know it when I see it" claim

Foggy testified that the mark was unique to a particular tool, but she disagrees

Schwartz-It's not reliable" because Foggy's experience base was minimal and he relied on the "I know it when I see it"

Cross
She has never been trained in tool mark identification
She considers herself as an expert in the literature of tool mark identification
She believes there is no expertise in tool mark id
She has not looked at the knife or the tire.
She gets paid 9K for her expert opinion

 

[Native New Yorker]

Thanks, Climbergirl, glad you are back!

Mustang Sally, as they say here in Chicago, faggedaboutit.... don't worry about posts you made when upset...though you can click on edit, and then I think delete them....

if I were in your shoes, I would be very upset by this trial, too.....hitting very close to home, I am sure......

 

[climbergirl]

Please note that my notes are based on what I am hearing and I could have heard something wrong.

 

[MCDRAW]

Please note that my notes are based on what I am hearing and I could have heard something wrong.

I'm just glad you are transcribing

 

[climbergirl]

The defense rests!

 

[MCDRAW]

The defense rests!

That didn't seem like much of a defense. I guess Suber's defense was just trying for a mistrial.

 

[Mustang Sally]

It gave me the total willies to have to hear GMH's voice when he answered yes and no to the judge...

Suber has no more witnesses. I am really shocked about that!!!

Closing arguments are in the near future..as per judge. 3 hours for closing and instructions. Sounds like it is happening today!! wow

talking about sending the jury out...neither side has a problem with it!!

Decision could be made TODAY!!

Sounds like He is sending the jury home to pack a bag.....talking about sending them to a hotel. Hardships are to be discussed among them...to decide if they are to be back today at 1:30 or tomorrow morning at 8:30.

sally

 

[climbergirl]

Jury will get the case around 4:30-5:00 and will deliberate until 8:30-9:00 pm and then be sequestered overnight in a hotel if need be. Then back at 9:00 tomorrow morning.

Other option is leave for the day and come back tomorrow morning and go from there...

 

[climbergirl]

Jury has requested to return tomorrow morning

 

[MCDRAW]

Jury decided to come back tomorrow morning.

 

[Mustang Sally]

I think the jury does not want to miss out on Valentine's Day with their spouse/significant others.

The two sides are hard to hear in the discussion of the official charges...keep loosing the feed....love this judges voice...he really has it together!!! At times he has lost his patience with the defense.

oh dear he has blown his credibility...said he can't remember something!!lol

 

[climbergirl]

I think the jury does not want to miss out on Valentine's Day with their spouse/significant others.

The two sides are hard to hear in the discussion of the official charges...keep loosing the feed....love this judges voice...he really has it together!!! At times he has lost his patience with the defense.

oh dear he has blown his credibility...said he can't remember something!!lol

really good point about Valentines Day.

 

[stillwatersc]

Did the defense address the DNA evidence? Any attempt to discredit the DNA or the overheard conversation with the other inmate?

 

[Native New Yorker]

Objections galore when it was being presented, but that is all, as far as I know...they only had one rebuttal witness.

Am surprised the objection to overheard convo was not "hearsay"...I guess that does not apply to a prison guard?

 

[Mustang Sally]

Did the defense address the DNA evidence? Any attempt to discredit the DNA or the overheard conversation with the other inmate?[/QUOTE/]

No, the only witness that Suber called was her bayonet cut expert...tried to discredit Foggy...can't even remember who he was with...thinking FDLE!

We will hear the final charges against GMH when the jury returns tomorrow...then the deliberation is in their hands...for how ever long it takes...then the penalty phase startes after that!!

 

[HopeFloats]

You can always find someone to rebut evidence. These "experts" seem to all have different opinions. But for me if GMH's DNA was found with Cheryl's then he is guilty....especially since it was cheryl's blood.

LOL! Yes, you can! Especially if you pay them $9,000.00! :woohoo:

 

[HopeFloats]

Is that the best the defense can do? What a shock, NOT!

U-G-L-Y
You ain't got no alibi!
​

 

[Clarity Matters]

What a defense [rolls eyes]! This trial won't make movie-of-the-week....

 

[Mustang Sally]

Thanks for the messages from my friends. I guess I am now famous on ************...they are have quite to converstion about me over there.

I am only planning to make ONE post tonight and is a very lengthy story that I just learned about today. Waiting rather impatiently for the Judge to announce the sum of the charges against GMH in the morning. Hoping for a speedy decision by the jury

It is a story of a friend who met GMH and lived to tell about it.

Today, I called a friend from the tiny town of Sopchoppy..(DH's home town). This town is located off US Highway 98, about 30 miles south west of Tallahassee. She was by herself and was getting gas and drinks at the local Express Lane. It in in the curve of the road and the main street of Sopchoppy forks off Hwy. 98. I also happened to be the morning of Christmas Eve. She was greeted by a little ole man who said "Young lady could you please tell he where the nearest government camping ground is located?"

Being the nice southern girl that she is ...she went on to tell him "Mack Lake Campground and Landing" (gee what are the odd's of that!!) was just across the Sopchoppy River and up state road 375. (you can find this road on a map it starts at Hwy 98 and deadends on Hwy. 20...about 3 miles from the location of poor Cheryl's body.) He appeared to be confused. So she politely told him to just follow her home and after she turned off at her house, he was to go almost 10 miles and he would see the sign on the left. (yikes!!!) By calling it a landing meant that there was a boat ramp going into the OCHLOCHONEE River. (Earlier, I mentioned this river, but our camp was on the west side if the river on Forest rosd #315).

He proceeded to get into his white Astro van a followed her home. He blew his horn and waved as she turned off at her house. It is located about 3 miles from the town. There happened to be about 4 pick up trucks parked in her yard at that time, belonging to her teenaged son and his friends.

Now this was something that we have NEVER heard before.

He was hauling a small flat trailer, much like the size you would use if you wanted to transport a yard sized lawn mower. At the time she saw it, there was nothing on it. This blew me away. Perhaps he used this as a place to put his things on when he had Cheryl inside the van. I have often wondered What he did with all his containers and things ( and all that chit found in the Astro inventory) when he had Meredith Emerson chained to the floor of his van. Someone told me that somewhere along that road that there is a little trail that leads to a place that the hunters and campers use to park various vehicles, campers...etc. rather than drag thm back a forth to their homes.

She felt so sad for him that she almost sent her 16 year old son to find him at "Mack Lake" and bring him home to eat Christmas dinner with her family! She really thought how sad that he was all alone on such a special day.

Perhaps she was spared his evil for what ever reason.

She recognized him from the photo on TV after Poor Meredith was murdered. It really hit home when she saw a video of him talking to an LE officer. She said that she would never forget the sound of his voice. It was chillingly flat and scary sounding.

She then called the Wakulla County Sheriff and told him her story. He was aware of the trailer!! By this time he was a suspect in Cheryl's death. The sheriff told her that he would send her sighting on to Lary Campbell, the Leon County Sheriff.

Well guess what???

She never heard a word from either sheriff. She has now realized how close she came to being a victim of GMH. She is a delightful friend and would have made a very creditable witness. She places him still in the Apalachicola National Forest well after Thankgiving. IIRC all of the LLWallace witness puts him there on or shortly after Thanksgiving. Our own dear Lammy gives his location as of Dec. 10th (correct me if I am wrong as per the date!)

So this is my own story and I am sticking to it....LOL

ps.......Let love and faithfulness never leave you. Bind them around your neck~ write them on the tablets of your heart.♥ Proverbs 3:3

Dear God..Please Bless the families of Cheryl Dunlap, Meredith Emerson, John & Irene Bryant.

Happy Valentine's Day...sally

 

[dsntslp]

I wonder if that flatbed was Tabors or where it is now...