Why would a witness not recognize a dead tree as a dead tree? Pines would be easy of course but if surrounded by live trees (of same type), wouldn't identifying the dead ones be pretty easy?
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STEVE MOORE: Well, I think they`re determining it from the statements the guys made. I`m sure they said something like, "Well, yes, we hit her and she`s dead, and we can`t remember where we put her."
The fact, though, that they`re look for old growth trees in those tree belts along fields and with dead trees around would indicate to me that maybe they have some physical evidence. Things that were in the sole of their shoes. Things that the FBI lab would have come up with and said the tree was this old, it was dead. And then you can match that to the type of trees and where they would be in the area.
I think this is more, you know, witnesses say large trees along a road.
When you`re looking for old growth trees, witnesses don`t say that. Evidence says that.
And the fact, by the way, that they`ve been charged with aggravated kidnapping pretty much says that they don`t believe the hit-and-run theory or the hit-and-take theory, because aggravated kidnapping in Montana means you kidnapped for a later purpose. So they are saying that the crime that aggravated it happened after they took her, not before.
http://transcripts.cnn.com/TRANSCRIPTS/1201/16/ijvm.01.html