Found Deceased KY - Gabriella Doolin, 7, Allen Co., 14 Nov 2015 #2 *Pled Not Guilty, rec'd Life Sentence*

[Dee10]

The subpoenas might be for videos that were taken some time during the game that night.

I agree it was more than likely from the game lol, but it's interesting to me, how he knew to subpoena these two particular individuals? I guess TM having time on his hands could have thought of different parents who may tape games, perhaps he thinks it may be somehow relevant to get him off lol, however, his lawyer needs every piece of evidence to advise him & maybe TRY to make a plea to save a trial. All JMO

 

[MotherOcean]

http://abcnews.go.com/US/wireStory/attorney-seeks-surveillance-video-related-girls-death-35539428

snipped from above :

"It's my understanding that some video does exist that may show Mr. Madden on the date in question," he told reporters after the hearing.

Lock told media he was seeking surveillance video from businesses in Scottsville, a town of about 5,000 near the Tennessee state line.

Lock said he subpoenaed two convenience stores to see surveillance video. Lock said it's his understanding that his client was at one of the stores before the football game and at the other store after the game.

 

[AnaTeresa]

So we are thinking the scheduled hearing was pushed back due to the DNA report that was just now given to the defense?

That would be my guess. When I worked in criminal defense, cases were routinely bumped because of things like this, for both sides. You want the attorneys to be able to adequately prepare for the hearing, and they aren't always able to do so if they haven't had time to review discovery that was recently provided. :twocents:

 

[ILOKAL]

I agree it was more than likely from the game lol, but it's interesting to me, how he knew to subpoena these two particular individuals? I guess TM having time on his hands could have thought of different parents who may tape games, perhaps he thinks it may be somehow relevant to get him off lol, however, his lawyer needs every piece of evidence to advise him & maybe TRY to make a plea to save a trial. All JMO

I was thinking perhaps people with the videos contacted Lock. As it turns out, the videos were from a convenience store.

 

[tlcya]

Maybe Lock is hoping that surveillance video will help establish his client's demeanor and physical appearance were the same before and after the crime. If I remember the FIL has stated that TM's clothing was not wet, muddy or in disarray after Gabbi was reported missing. They may think this will assist in establishing doubt.

 

[Dee10]

http://www.wbko.com/content/news/Timothy-Madden-in-court-360176921.html

"The next time Madden will be in court is December 14. However, there is a possibility the preliminary won't happen then either.

Allen County does have the right to call a grand jury before that date. If they find enough evidence to indict Madden, his case will skip a preliminary hearing and be brought straight to Allen Circuit Court."

 

[PowMom01]

tlcya said "Maybe Lock is hoping that surveillance video will help establish his client's demeanor and physical appearance were the same before and after the crime. If I remember the FIL has stated that TM's clothing was not wet, muddy or in disarray after Gabbi was reported missing. They may think this will assist in establishing doubt."

Would this really establish doubt even with DNA? I know this is what a defense attorney is supposed to do but it doesn't seem worth the effort if there is DNA, especially if it's a certain type of sample. How can you explain that away even with a video?

 

[blue22]

tlcya said "Maybe Lock is hoping that surveillance video will help establish his client's demeanor and physical appearance were the same before and after the crime. If I remember the FIL has stated that TM's clothing was not wet, muddy or in disarray after Gabbi was reported missing. They may think this will assist in establishing doubt."

Would this really establish doubt even with DNA? I know this is what a defense attorney is supposed to do but it doesn't seem worth the effort if there is DNA, especially if it's a certain type of sample. How can you explain that away even with a video?

I don't believe you can. I think it's grasping at straws, but I suppose that's what he has to do at this point. Even if he is not wet, muddy, or has a strange demeanor...the prosecutor can always counter that. He wouldn't necessarily be muddy, as he could have put her body in the water conscious or barely so (I'm so sorry to be graphic ) and not have been knee deep in it. His demeanor could just show how evil he is. And there is always the DNA, which the defense can do nothing about.

 

[Madeleine74]

His attorney knows the long game here is to try to keep his client off death row. Of course he's going to try and fight during the guilt phase too (as any defense attorney hired would need to do). But if they have DNA that links him with Gabbi then there's almost no chance of an acquittal.

 

[blue22]

His attorney knows the long game here is to try to keep his client off death row. Of course he's going to try and fight during the guilt phase too (as any defense attorney hired would need to do). But if they have DNA that links him with Gabbi then there's almost no chance of an acquittal.

I agree. I'm sure the game plan now is to keep him off death row. Obviously, that's his duty and he has to do that as an attorney. I just couldn't imagine taking on a case like this.

 

[ILOKAL]

tlcya said "Maybe Lock is hoping that surveillance video will help establish his client's demeanor and physical appearance were the same before and after the crime. If I remember the FIL has stated that TM's clothing was not wet, muddy or in disarray after Gabbi was reported missing. They may think this will assist in establishing doubt."

Would this really establish doubt even with DNA? I know this is what a defense attorney is supposed to do but it doesn't seem worth the effort if there is DNA, especially if it's a certain type of sample. How can you explain that away even with a video?

Make no mistake, there WILL be a defense in this case. Oh, maybe cross contamination or perhaps planted DNA. It's too soon to know what the defense will be, but there WILL be one, IMO.

 

[blue22]

Make no mistake, there WILL be a defense in this case. Oh, maybe cross contamination or perhaps planted DNA. It's too soon to know what the defense will be, but there WILL be one, IMO.

Of course there will, unless the attorney is incompetent...which does not seem to be the case. However, it's JMO that if he trots out a planted DNA defense or something similar...he's locking the key for his own client. I would be absolutely shocked if he tried to do something like that. I do think he will come up with something and totally go after it, though.

 

[tlcya]

I agree, if the surveillance video is being requested for the reason I suspect I don't think it will help in light of the reported DNA evidence. But as Madden's defense attorney, Lock is charged with a duty to give his best possible defense and that means exploring all avenues and trying to insert doubt wherever possible. I am glad he seems to be launching a vigorous defense. It is what makes our system work (for the most part) and a vigorous defense will ensure that there is not appealable issue later for insufficient counsel.

 

[Madeleine74]

I think the important thing is that this never be free again (assuming the DNA matches and everything else lines up, evidence-wise). If he's behind bars for life without any chance at parole, then society will be safe from him.

 

[blue22]

I think the important thing is that this never be free again (assuming the DNA matches and everything else lines up, evidence-wise). If he's behind bars for life without any chance at parole, then society will be safe from him.

Yes, I agree!! I do hope he just pleads guilty (though, it's not currently looking like he would do that.) I hate these cases and what it puts the families through to listen to all the evidence.

 

[bluesneakers]

Yes, I agree!! I do hope he just pleads guilty (though, it's not currently looking like he would do that.) I hate these cases and what it puts the families through to listen to all the evidence.

And all the stalling and hearings being rescheduled. You spend months focused on a date and just like that you have to wait another three months. I want this to be over for them.

 

[Jovi Girl]

I may have missed it , but what lead authorities to this guy in the first place ?

 

[ILOKAL]

I may have missed it , but what lead authorities to this guy in the first place ?

I don't think we really know. Very early on, IIRC, it was alleged that LE received a "tip" and that LE was actually searching a building on the road where TM lives when Gabriella was found.

 

[Zuri]

Did LE obtain any DNA samples from any other members of TM's family? As in the one that was arrested, mentioned above?

 

[blue22]

Did LE obtain any DNA samples from any other members of TM's family? As in the one that was arrested, mentioned above?

I could be remembering wrong, but I don't believe so. If the DNA had been the son's, the match would NOT have been made to TM. The warrant specifically says the biological evidence was matched to TM. I imagine there was no real cause to get the DNA from family members, once the DNA from autopsy matched TM.