GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #6

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With all the information against SC, I would speculate that Apo will eventually tell SC the jury is going to find him guilty and in order to reduce the sentence, SC will have to enter a plea bargain like revealing exactly what happened? Am I wrong with this speculation?
Generally, a plea bargain (reduced sentence) is offered in order to eliminate the uncertainty of what the jury will find.

This is is especially desirable in a murder trial because double jeopardy applies and if found NG by the jury, he cannot be tried again for the murder ever. So the prosecution has a lot at stake if the trial goes to jury.

There is another opportunity for a bargain to be struck after the plea or verdict (if he is convicted or pleads), and before the separate sentencing phase.

But don't confuse what the State wants with what the family wants, and the public, and we here. The State team wants to close the case much more than it wants answers to the mysteries, and it's not clear what they would bargain for a reveal as to what he did with her.
 
With all the information against SC, I would speculate that Apo will eventually tell SC the jury is going to find him guilty and in order to reduce the sentence, SC will have to enter a plea bargain like revealing exactly what happened? Am I wrong with this speculation?

IMHO, you are spot on. A competent attorney should prepare his client, and that includes outlining his best options given the likely outcome.
 
HGO, when Dr. Taylor was talking about the knife coming from underneath the chin/jaw, she was not talking about an attack on the face, and it was not a stabbing wound. She was talking about using the knife to cut or scrape flesh of the chin off of the mandible, and coming at it from below, which makes sense.

you know when these experts testify, they are made to say yes it is possible to all other possible scenarios, but if you watch the testimony, it is not too hard to tell which scenario the expert really believes in, if the expert does have an opinion formed. When they agree that something cannot be ruled out, that is not a strong endorsement.

With both Harle and Taylor, they both said there was blunt force trauma to the jaw, and they both thought the serrated knife was used for defleshing the jawbone. An incisive wound is not a stab; it is a scraping, lateral type motion, not using the point.

Dr. Taylor clearly thought the blunt force trauma was probably not from a frontal assault on her face, although did not rule it out. But that would mean double blunt force attacks from two directions, front and right side. What she said was that a powerful blow to the right side could cause both jaw fractures, right side and center fracture. And it happened very near time of death, definitely not much time passing after death.

if it happened in the car, either Charli was in driver's seat and attacked from the passenger seat, as Taylor described hypothetically, or Charli was in the passenger seat. The passenger door could have been opened or the window rolled down. I don't see much strength in Steven's physique from the police photos, so I imagine he used an implement to strike her with all that force.
 
Capobianco Trial: Mana Foods Manager Verifies Time Card
http://mauinow.com/2016/09/21/capobianco-trial-mana-foods-manager-verifies-time-card/

The general manager at Mana Foods in Pāʻia said Steven Capobianco clocked in for work at 6:53 a.m. on Sunday, Feb. 9, 2014, placing him at work just before video footage was captured of a vehicle similar to the one that he owned traveling up Baldwin Avenue several minutes earlier.
In earlier testimony, Maui police officer Jeffrey Calibuso said he obtainedsurveillance video from the Bank of Hawaiʻi Pāʻia branch of a 1990s model Silver Toyota 4Runner, traveling up Baldwin Avenue at 6:41 a.m. on Sunday, Feb. 9, 2014. The branch is located below the store on the same side of the street.
Witnesses testified that the employee parking area for Mana Foods is located across the street about two tenths of a mile away in a gravel lot just below the Pāʻia Post Office.
 
IMHO, you are spot on. A competent attorney should prepare his client, and that includes outlining his best options given the likely outcome.
Yes, he should.
My comment was based on the type of plea deals in high profile cases I've followed in Hawai'i. All of the deals involved reduced prison time in exchange for the defendant pleading guilty or no contest.

I've never yet seen one that involved special terms like giving up the location of the body. It may happen, as this case is not like most cases. The point I was making is that the prosecutor's chief goal is to close the case with a conviction. Prosecutors don't like to leave it in the hands of the jury, which could swing the wrong way especially if unanimous verdict is needed.

Knowledge of remains and the true events is not Steven's only card with the State and not even his main card. His main card is he can agree to plead guilty and take the prosecutor's need to prove his guilt beyond reasonable doubt out of the equation. That is a tough standard to nail in a "no body" circumstantial evidence case, so a guilty plea prior to verdict would be particularly desirable.

Knowing what happened to Charli and Joshua is the big psychological card left to the control freak. This gives him power over her friends and family. This I do not expect him to offer up, but I think he could do so if he thought the information would devastate the family even more.

He doesn't want to HELP. He wants to HURT.
He doesn't have a conscience, as far as I can tell from his behavior, so easing his guilty mind would not, IMO, be a real motivation to tell the truth.
 
The tape rolls were found by the green blanket and the gray hoodie and men's pants, near the stream. So it's not likely they are not part of the crime.

Moxie, really good point that two partially used rolls of tape in the same place would suggest two people, each using one of the rolls. I wish we had more testimony about the rolls. Phaedra initially called them two empty rolls or duct tape. Then someone else (Molly or Max maybe?) said it was actually masking tape and the rolls were partially used, but I never heard an exact careful description.

With Phaedra's first and only glance being near dark and in a distraught state, but she perceived the rolls as empty, I'm guessing they were pretty well used (but not entirely).

Masking tape doesn't have much strength stall compared to duct or strapping tape, but the stickiness might be OK if it is used on something that grabs like a fibrous blanket.

To me the simplest theory is that all or parts of Charli were wrapped in the blanket and left out there, and the tape was used to keep the blanket in place. Then he came back and did something with the remains and left the blanket and clothing.

Not sure if you saw, but several days ago Detective Earls was testifying, basically doing an inventory of all the evidence he'd processed, and he spoke of the 2 thin rolls of yellow masking tape, noting that some tape was left on both rolls. Pictures were shown of the rolls on the courtroom flatscreen. They were found in a puddle between rocks IIRC at Nua'ailua.

I theorize that the tape was used to bind up the pieces of body in tarp - or in a container - at the time of removal (and maybe the zip ties found at Kaumahina were utilized as well, perhaps as a fail-safe). If they were used to secure the blanket on the night of the murder, I feel that pieces of tape probably would've been found on site.

Why would SC start another roll of tape before he was done with the original roll?
Maybe he just eyeballed the original roll, saw that it was very low, so he got the other roll because he knew he'd be needing a lot more tape than what was left on the original roll. This might indicate he was needing long pieces of tape...like long enough to fit around the trunk of a human body, and if he didn't think there was enough length left on the first roll, he started up on the 2nd roll.

Or, maybe there were 2 people there for the final removal, both working simultaneously on binding everything up into a tight, sealed "package."

I wholeheartedly agree that masking tape is an unusual tape to use - its intended use is to mask off areas in painting, but regular yellow masking tape not have a strong stickiness factor, is very easily torn, and does not hold up well at all in water (and we know all the items found were wet from being exposed to rain & the creek water).
 
Yes, he should.
My comment was based on the type of plea deals in high profile cases I've followed in Hawai'i. All of the deals involved reduced prison time in exchange for the defendant pleading guilty or no contest.

I've never yet seen one that involved special terms like giving up the location of the body. It may happen, as this case is not like most cases. The point I was making is that the prosecutor's chief goal is to close the case with a conviction. Prosecutors don't like to leave it in the hands of the jury, which could swing the wrong way especially if unanimous verdict is needed.

Knowledge of remains and the true events is not Steven's only card with the State and not even his main card. His main card is he can agree to plead guilty and take the prosecutor's need to prove his guilt beyond reasonable doubt out of the equation. That is a tough standard to nail in a "no body" circumstantial evidence case, so a guilty plea prior to verdict would be particularly desirable.

Knowing what happened to Charli and Joshua is the big psychological card left to the control freak. This gives him power over her friends and family. This I do not expect him to offer up, but I think he could do so if he thought the information would devastate the family even more.

He doesn't want to HELP. He wants to HURT.
He doesn't have a conscience, as far as I can tell from his behavior, so easing his guilty mind would not, IMO, be a real motivation to tell the truth.

Check out the case of Hans and Nina Reiser, a "no body" case, when you have a minute. Hans was convicted of first degree murder and following his conviction pled guilty to second degree murder in exchange for revealing the location of Nina's remains. This was in California, so the law could be very different in Hawai'i. This was a very interesting case. The State of CA had far less evidence on Hans than the State of Hawaii has on SC.

This is not a typical "no-body" case IMHO, because there are body parts and there is no question that Charli is deceased. And circumstantial evidence can provide proof beyond a reasonable doubt. In the Reiser case, for example, Nina's blood was found in Hans's house and car (they were divorced and they had separate homes) and the passenger seat of his vehicle had been removed - circumstantial, but powerful evidence. There was no innocent explanation for Nina's blood to be in his home and vehicle.

I agree that SC doesn't want to help, despite his fake helpful tone in his police interviews. I also agree that he's missing a conscience as well as the part of the brain that thinks through possible consequences of actions.

http://www.websleuths.com/forums/sh...akland-3-September-2006&highlight=Nina+Reiser
 
I searched a bit today but was unable to find any reference to the gloves. I did find a mention of the shoes in one of the early search videos on YouTube. I will search again when I have time.
 
Bear with me here, I'm thinking out loud. Purely speculation.
I'm picturing a scenario where Steven reaches out to Charli on Sunday to see what she's doing. He says text me when you leave your party and I'll meet you on Kaupakalua Rd (which seems to be the road she would take to get home to Makawao from Brooke/Kimberlyn's home on W. Kuiaha), He tells her I have the money I owe you. It looks like from Kalipo Place to Kaupakalua is a relatively short walk through some fields. The road, in places is isolated. Better yet he says meet me at Herman's Repair and Auto Wrecking which according to their website would have been closed and is conveniently across from a dirt road he can walk on from his house. She pulls over, (never intending to go anywhere with him) he gets in the passenger side and he attacks her. He pulls her over to the passenger side, gets in and drives off.

As I was searching street names I came across this report
http://mauinow.com/2016/07/05/capobianco-murder-trial-details-of-final-moments-with-charli/
He mentions a few tidbits.
 
Pua, I did not watch the testimony. My post right above this one was before I saw your paragraph, post 543
I can visualize a knife being stabbed into her and scraping the jaw as an attack happened. There was nothing left of skin for them to truly know what happened. Just marks on bone. In simpler terms, if I am working with chicken meat with bone, and I jab a serrated knife into it just right, with enough force, it will scrape the bone leaving a mark even though there is still meat there. If I remove the meat, the scrap on the bone is still there. She did say it was an unusual mark. I'm not an expert and I don't pretend to know everything... about every topic. I'm speculating and guessing.
 
I'm still trying to figure out how he managed to kill Charli in the presence of her dog, Nala.
 
I'm still trying to figure out how he managed to kill Charli in the presence of her dog, Nala.

With high seats how easy would it actually be for Nala to get up front?
 
I'm still trying to figure out how he managed to kill Charli in the presence of her dog, Nala.

I don't know about Nala, but recently I read an article about how dogs often cower rather than alert their owners when the home is broken into. They sense danger and choose to effectively hide.
 
Pua, I did not watch the testimony. My post right above this one was before I saw your paragraph, post 543
I can visualize a knife being stabbed into her and scraping the jaw as an attack happened. There was nothing left of skin for them to truly know what happened. Just marks on bone. In simpler terms, if I am working with chicken meat with bone, and I jab a serrated knife into it just right, with enough force, it will scrape the bone leaving a mark even though there is still meat there. If I remove the meat, the scrap on the bone is still there. She did say it was an unusual mark. I'm not an expert and I don't pretend to know everything... about every topic. I'm speculating and guessing.

Doubtful. Kapakaklua is a well traveled road. Somebody would have seen something. Hanzawas above Herman's is the only store in this area. This road is the quickest access for the lower residential area's to the upper part of Haiku and Makawao, Kula.
 
Bear with me here, I'm thinking out loud. Purely speculation.
I'm picturing a scenario where Steven reaches out to Charli on Sunday to see what she's doing. He says text me when you leave your party and I'll meet you on Kaupakalua Rd (which seems to be the road she would take to get home to Makawao from Brooke/Kimberlyn's home on W. Kuiaha), He tells her I have the money I owe you. It looks like from Kalipo Place to Kaupakalua is a relatively short walk through some fields. The road, in places is isolated. Better yet he says meet me at Herman's Repair and Auto Wrecking which according to their website would have been closed and is conveniently across from a dirt road he can walk on from his house. She pulls over, (never intending to go anywhere with him) he gets in the passenger side and he attacks her. He pulls her over to the passenger side, gets in and drives off.

As I was searching street names I came across this report
http://mauinow.com/2016/07/05/capobianco-murder-trial-details-of-final-moments-with-charli/
He mentions a few tidbits.
I agree that it is a likely scenario that she gets attacked in the car, and that she did not intend to drive anywhere with him. I have a feeling that he wasn't the kind of guy who calls and volunteers to pay back money he owes his ex (is not the money owed more like a rumor?), but I think the baby names discussion is a fine pretext. Going on the idea of a little bit of truth to his lies: It's not likely they talked baby names after he attacked her ;-), so if it is real that could be the pretext he sold her on for meeting him to talk.

I think the idea of him getting in the passenger side and then blitzing her with the blunt force is likely. That is what I was going to make a post on earlier but had to do other things. My thought now is that he used the blunt force to incapacitate her, to nearly kill her. I have some difficulty visualizing the repeated stabbing without some preliminary act to restrain her or weaken her. Battering her, assaulting her forcefully, would do that.

I have some trouble visualizing him driving a woman to Paraquat's from Haiku who is bleeding from more than 40 stab wounds. But then Steven's acts were not really smart at that time. But he could have knocked her unconscious and then transported her, and then stabbed her once he was parked in that remote jungle.
Keep in mind that we don't know what other battering assault may have occurred, because her skull and torso and extremities were never found. We do know there was no sign of a massive wound or tear on her clothing, but he could have assaulted her on her head above the jaw too, and we do not know and cannot know how much battering occurred. We have a statement that she died very soon after receiving the battering, but the time frame was not established. What is soon? Time for the body to respond to injury by starting the healing process.... that doesn't tell me much.

The weak part of either of these theories: Nala. Nala not reacting violently to him hitting and/or stabbing Charli.
 
Pua, I did not watch the testimony. My post right above this one was before I saw your paragraph, post 543
I can visualize a knife being stabbed into her and scraping the jaw as an attack happened. There was nothing left of skin for them to truly know what happened. Just marks on bone. In simpler terms, if I am working with chicken meat with bone, and I jab a serrated knife into it just right, with enough force, it will scrape the bone leaving a mark even though there is still meat there. If I remove the meat, the scrap on the bone is still there. She did say it was an unusual mark. I'm not an expert and I don't pretend to know everything... about every topic. I'm speculating and guessing.
<modsnip>

You said you did not watch the testimony given. OK, so all I am saying is that if you watch the testimony and listen, you can tell a lot more about what the expert believes than when you read the summary in the news article. Both these doctors said they thought the serrated knife incised wound occurred as part of "defleshing" the jaw. Both allowed that an attack on the face was theoretically a way it could have happened, but neither said they thought it did happen that way. Both were adamant that this was not an animal attack, under a lot of pressure from defense to allow the possibility, but in that case they felt wild boar attack could be ruled out entirely.

The experts have to allow for anything that is "possible," or they are subject to being discredited by the defense, but that does not mean the "possible" scenario is one they favor from doing their exam.

<modsnip>I'm just watching the testimony and forming my impression about what the expert witnesses believe to have occurred from their body language, intonation, word choice, etc.. And the overall big picture they saw. Both the experts expressed belief that a dismembering process occurred after death, and testified that the incisive knife wound on the mandible could well be part of that process. The additional presence of the cut long bone added weight to their leaning in that direction.
 
I'm still trying to figure out how he managed to kill Charli in the presence of her dog, Nala.
That is funny. I mentioned Nala below at the end of my post imagining an in-vehicle attack, and meanwhile a whole string of posts goes up on Nala that I see only after I submit. I guess it is the big question, and one I can't figure out a definite theory on either. The fact none of us knows this dog is a drawback. Kim and Brooke have stated that Nala was protective and would not voluntarily leave Charli. I have never heard whether Nala was fierce or menacing if she sensed harm. We do know that SC is good at handling pitbulls.
 
That is funny. I mentioned Nala below at the end of my post imagining an in-vehicle attack, and meanwhile a whole string of posts goes up on Nala that I see only after I submit. I guess it is the big question, and one I can't figure out a definite theory on either. The fact none of us knows this dog is a drawback. Kim and Brooke have stated that Nala was protective and would not voluntarily leave Charli. I have never heard whether Nala was fierce or menacing if she sensed harm. We do know that SC is good at handling pitbulls.

Owners often believe their dog will protect them, but many breeds, including pitbulls, unless trained to attack an intruder, won't.
Here is just one example: https://answers.yahoo.com/question/index?qid=20110221175217AAKpSpn
There are likely better examples/articles on the subject but I'm too busy/lazy to research it.
 
I think the gray hoodie *could* have been worn by Charlie. On the recording played on 7/5, Steven describes what she was wearing fairly accurately and he also mentions that he thinks she wore "a jacket" over the strapped top. If Charli was wearing the zippered hoodie that night, how would it have gotten the stains on the arms?
 
I think the gray hoodie *could* have been worn by Charlie. On the recording played on 7/5, Steven describes what she was wearing fairly accurately and he also mentions that he thinks she wore "a jacket" over the strapped top. If Charli was wearing the zippered hoodie that night, how would it have gotten the stains on the arms?

Has the hoodie size been stated by anyone?
 
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