EMRE: In the opinion you pretty much have the judges agreeing that JM called CL, at his home at about 11:45PM. It is unclear if he was home to take the call. Then there is another call to CL's home at 12:15 from JM looking for CL. This means that CL was NOT with JM at that time. We do know he did eventually meet up with CL. I am assuming JM called CL because she wanted a ride from her home that she regularly snuck out of most every night. JM was very sexually active, and she was only 14 years old. I'm thinking JM told CL that it would be well worth his while if he gave her a ride.
OK, we know he is not with her at 12:15. Lets give the DA the benefit of the doubt and say he got there at 12 20AM. The alibi he wanted to be used was for his girlfriend to place them together at 1:00AM. If he killed her later one has to assume he would have extended the time line to 200AM. The ME puts the TOD at around 200AM. That is their information, not mine.
We then have to assume that CL picks up JM, drive off to a place to have sex. After he finishes he kills her. He then drives her to the water's edge and disposes of her body. We assume that because that is what the court assumed in their decision. I think that by using the prosecution's theory CL killed JM in the car. She was strangled and had heavy damage done to her head. Nothing was said about her bleeding from that wound. Nothing was said about the cops finding blood in the car even considering CL was cleaning his car one day after he allegedly killed her.
The body is found at around 9:00AM later that morning by a passerby. The passerby had no trouble seeing the body, BUT, according to TUGELA the attorney of a stellar reputation didn't see the body at 730 when he jogged by on that morning and most mornings at the same time.
WHEN the body is found the ME will say JM had liver mortis on her back. It means that for a period of time the dead body was on its back. She was found FACE DOWN at the death site. The ME opined the body was moved sometime after the murder and was placed face down.
Liver mortis doesn't begin no earlier than 20 minutes after the person is dead. The longer the body remains on its back the more purple splotching of the inert blood going to the lowest point/gravity. We don't know how far into liver mortis the body was subjected to. I have to assume it was enough for the ME to comment on it. ARE YOU STARTING TO GET THE PICTURE?
Going with the DA's scenario, and now the appellate court's scenario, giving more than a reasonable time for the crime to be committed: CL picks her up no earlier that 1220. Has sex in the car with her. He then kills her for no reason because we now know it probably wasn't rape, drives off with her body and dumps it face down. The body had to be on its back for at least 20 minutes, more likely longer and certainly a lot longer if there was significant blood pooling. He somehow accomplished all of this in a span of 40 minutes.
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Why I ridicule Moe, Larry, and Shemp (The Three Stooges) is they go on to say that it was implausible that CL would drop off JM at the 711, and some unknown stranger(s) M L & S, without any evidence assume JM didn't know these killers. They go on to say that if this happened it would have to have happened in a span of 1HR 15MINS. They would say that scenario is highly improbable, while they have no problem with CL accomplishing all of this in 40 minutes.
The thing about this is not many citizens will believe an appellate court will decide which way the case is going to go even before they see the arguments. What they really do is to decide the case backwards - find the appellant guilty and then work the facts around to support their decision.