GUILTY NY - Karina Vetrano, 30, jogger found murdered, Queens, 2 Aug 2016 #5 *First trial MISTRIAL*

DNA Solves
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Prosecutors Use Phone Data, Call Logs To Build Case — But Defense Pushes Back
November 13, 2018
Prosecutors used data gleaned from Chanel Lewis’ cellphone to portray Lewis as fascinated with the Karina Vetrano murder and T-Mobile cell tower records to place Lewis in the vicinity of the murder scene at the time of the crime during the fifth day of the trial Tuesday. The defense team pushed back, engaging in their most assertive cross-examination of the trial to poke holes in the tech-based evidence.

The defense also seemed to seize on additional evidence recovered near the scene, including a used condom and an elaborate “homeless encampment” about a mile and a half from where Vetrano’s body was discovered.
[...]
The prosecution’s first witness, NYPD Detective Josue Rivera, said he was instructed by Queens prosecutors to search through a black ZTE smartphone that was taken from Lewis’ bedroom when police executed a search warrant the day after Lewis’ arrest. Rivera was tasked with finding any data and photos “related to” Karina Vetrano's murder.

Rivera said that he recovered four photographs that were either taken by the user or automatically downloaded from a web page to the phone. The investigator also identified 137 links from the phone's web history that “related to the case,” Leventhal said.
[...]
In February, Pantoja executed the search warrant at Lewis’ East New York home and recovered several hoodies, sweatpants and two cell phones, including the ZTE.

It was that cellphone that Leventhal said put Lewis near the scene of the crime based on phone calls made just after 5 p.m.

Leventhal called two T-Mobile employees to testify that Lewis’ phone “pinged” a cell tower at Loring Avenue in Brooklyn followed by another on Cross Bay Boulevard, suggesting that he moved in the direction of the murder.

Lewis made three phone calls at 5:06 p.m., 5:07 p.m. and 5:09 p.m.. Each call pinged a tower on Cross Bay Boulevard.

He did not make another call until 8:38 p.m. During that time there was no way to determine his phone activity or relative location.
[...]
 
I think I know where the Defense is going with this.
If they can't prove it was Lewis's hand on the phone, and they found a condom near the scene that didn't belong to Lewis, and there's a homeless camp nearby, then someone other than Lewis took those pictures on his phone.
I don't see any other way the Defense can cast doubt on the cell phone evidence.
 
I think I know where the Defense is going with this.
If they can't prove it was Lewis's hand on the phone, and they found a condom near the scene that didn't belong to Lewis, and there's a homeless camp nearby, then someone other than Lewis took those pictures on his phone.
I don't see any other way the Defense can cast doubt on the cell phone evidence.

Maybe I am reading it wrong but I read it like they weren't actual pictures he took but pictures he looked up online via his phone. It would help to know the details of the pictures.
 
Maybe I am reading it wrong but I read it like they weren't actual pictures he took but pictures he looked up online via his phone. It would help to know the details of the pictures.
Mocity, I think you are right. After re-reading the article from the NY post on the previous page, I think the pictures came from an online search, and were not taken directly from the crime scene.

Snipped:
Among the cached images related to web searches taken from the phone were two photos of Vetrano and a snapshot of the crime scene in Spring Creek Park in the Howard Beach neighborhood where Vetrano’s beaten body was found by her father.
 
Have they established that she was sexually assaulted? I know the articles mention it but it is always brief and never mentions DNA related to a sexual assault.
 
Have they established that she was sexually assaulted? I know the articles mention it but it is always brief and never mentions DNA related to a sexual assault.

No mention of DNA in relation to sexual assault, but the following appears to be strong evidence of it. IMO, it was likely his motivation for the attack:

WARNING GRAPHIC

Snipped

One photograph showed a large red abrasion on Karina’s right buttock. Another showed a dark bruise on the back of Karina’s neck.

Enos [NYPD Crime Scene Detective] told Leventhal that Karina had sustained “some vaginal tearing and some bruising to her anus” as well as “some bruising” to the mouth.

‘Purple Was Her Color’: Vetrano Dad Sobs On Stand Recalling Daughter’s Final Run


Snipped

Prial [Autopsy Physician] also described injuries to Vetrano that prosecutors say indicate she was sexually assaulted in the attack that took place as she jogged through Spring Creek Park.

DNA on slain jogger Vetrano matches defendant: Testimony
 
Testimony from yesterday -

Snipped & Bolded By Me:

Linda Razzano, a deputy manager of the forensic biology lab in the city medical examiner's office told the jury hearing the murder case against Lewis that the defendant’s unique genetic profile, secured when he voluntarily submitted a DNA sample to police, made the chances 1:6 trillion that someone else shared the same profile.

Under questioning by Assistant District Attorney Brad Leventhal, Razzano, who said she had testified in thousands of cases, likened the probability of another random match similar to Lewis as requiring “940 Earth populations” to find another identical comparison.

DNA on slain jogger Vetrano matches defendant: Testimony
 
More testimony about how Karina died from Epiphany's article above.

Snipped:

Prial said she ruled that Vetrano died from strangulation and didn’t drown even though her hair seemed damp. In one of his confessions. Lewis told investigators that he had his hand around Vetrano’s neck for five minutes and at one point said she drowned when her face went into a puddle of water.
 
Prosecutor's Claim of Cut to Lewis’ Hand, Face Not Supported by Medical Record
November 15, 2018
[...]
But, the same medical record disputes another assertion by assistant district attorneys: that Vetrano scratched Lewis in the face with her fingernails.
[...]
After examining Lewis on Aug. 3, 2016, a resident at the Clarkson Avenue city hospital documented that Lewis injured his hand in a fall while jogging at around 8 p.m. the night before.

“Head atraumatic, neck supple. No other injury” besides a “single superficial laceration” to Lewis’ hand, the resident wrote.

The resident did not indicate a cut to the face.
[...]
 
Both sides rest in Queens jogger murder case
Prosecution, defense rest in Karina Vetrano murder trial
The judge dismissed jurors until Monday, when closing arguments begin.
November 15, 2018 7:26 PM
[...]
In what he said was a move to trim the indictment for the jury, Leventhal asked Aloise to dismiss nine of the 13 counts in the indictment involving three counts of first-degree murder, three of second-degree murder, two of aggravated sexual assault in the first degree and one of sexual abuse in the first degree.

Remaining in the indictment is one count of first-degree murder, two of second-degree murder and one of first-degree sexual abuse.

Prosecutors contend Lewis sexually assaulted Vetrano at the time of the strangulation and thus warranted the first-degree murder charge.

Autopsy results showed Vetrano suffered external and internal injuries to her genital area that prosecutors contend Lewis caused for sexual gratification. But Dr. Margaret Prial, the doctor who performed the autopsy, acknowledged it was possible Vetrano suffered those injuries while being dragged through park brush.

In taped confessions, Lewis said he strangled Vetrano but denied sexually assaulting her.
[...]
 
Video excerpts of the confession:

49:40 early morning on 2/5/2017, video at link:
Videos Show Confession And Confusion From Karina Vetrano's Alleged Killer

This video is 28:02 mid-morning on 2/5/2017:
Suspect in Karina Vetrano murder gives confession to Queens prosecutors.
 
Jurors Begin Deliberating “Magnetic” DNA in Vetrano Murder Trial

In contrasting styles, defense attorney Robert Moeller and Assistant District Attorney Brad Leventhal summarized the case for Chanel Lewis’ future, focusing a significant amount of attention on DNA evidence. Each statement lasted about two hours as scores of victim Karina Vetrano’s family members, friends and neighbors attentively watched.

Jurors began their deliberations late Monday afternoon...



 

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