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BK: .... (53:58) I don't know if there's
a separate count for murder that was never disclosed.
I'm a little confused, I think there was.....
JK: (54:25) Well, the way I read the information
that was produced over the last few weeks was
the Judge, is Lowenbach, referred to eighteen pages
in the grand jury record,
nine each, referring to John and Patsy.
And if you look at the numbering of indictments
that were signed by the foreman
you're looking at, I think it was
4a and 7.
And if you consider that each page was one
particular charge, my conclusion is
that there were nine potential charges
that the grand jury was considering,
uhm, and only signed off on two,
those being the same charges for each
John and Patsy, of accessory to crime
and child abuse resulting in death.
And, so who knows what the other
potential charges were that were considered
at the time.
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BK: (62:53...But Chief Kolar is that,
is that kinda what you put out there
in your book?
JK: There's things that are presented
there that were not in the record before
that people weren't aware of.
And uhm, I do a little bit of a analysis,
analysis of some of the things that the DSS
Doctor spoke about when she interviewed him,
not long after the murder.
Dr Bernhard interviewed him in January,
within a few weeks of the murder.
There were other things that came up
during Detective Patterson's
interview with Burke
on the afternoon of the discovery of
JonBenet's body.
And then uhm so other things
that were discovered
at the crime scene
feces in jonBenet bedroom and on some
pajamas that were thought to,
believed to be worn or belonged to Burke.
Those were, some of those things that
I brought forth in that particular chapter
about Burke's history there.
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JK: (64:13) That was one of the questions
I had, was that, you know why was Burke
not considered a potential witness to this?
Why was there so much effort to keep him
out of the hands of police
investigators to question or interview him
and why didn't they ask him about what
he may have seen or heard?
They never did that.
*********************************************
TG: (71:10) Well, well let me just say real quickly,
Chief Kolar, have you heard from Lin Wood?
When you wrote your book have you heard from him yet?
JK: No, I haven't.
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JK: (77:56) So my counter perspective is this...
And that is that the grand jury heard
the entire presentation of
Lou Smits intruder theory
when he testified before them in
March of 1999 and in considering
that evidence in his theory,
they still voted to indict the parents
on two criminal accounts of child abuse
causing a death, accessory to a crime.
It's clear to me that by the accessory account
the grand jury felt that
the parents parents participated
in some sort of cover up
and attempted to hinder the
investigation.
JK: ( 78:57)But the point to be made,
I think, is that while the grand
jurors didn't have the opportunity to
evaluate the type of testimony in
an adversarial trial setting,
it appears that they most assuredly heard
from the most influential
proponent of the intruder theory
Lou Smit and they still found
probable cause to
indict the parents on those two charges.
I think that they carefully evaluated
all the evidence that was presented to them
over the course of thirteen months,
and after thorough deliberation,
they voted on two counts,
that they thought could be proven
As I think was mentioned by Beth,
I have no doubt that they would have
preferred to indicted the actual perpetrator
but it's my guess that they just couldn't determine
who that specific individual was.
You know I mentioned in one of my chapters
that the assistant DA had indicated that
they really hadn't taken a
close look at Burke Ramsey at the time
and so I do believe based on Lou's statements
that the focus for the grand jury
seemed to be on the parents and that
you know Burke's possible involvement
in this was not really being considered
or explored at the time.
And so a lot of the things
that I discovered during my review
of reports and transcripts and interviews
and things like that perhaps were
never even considered during the investigative process
when Boulder PD was in charge of the case.
uke: HB, page 31
