girlhasnoname
Well-Known Member
- Joined
- Oct 4, 2018
- Messages
- 9,877
- Reaction score
- 125,790
Alex and Company are sitting at the Defense table whooping it up, laughing, waiving their arms around. Having a grand ole' time it looks like.
Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
I thought it was odd the State provided the motives (bill of particulars) too. But maybe prosecution is doing everything possible to keep this case on fast track for January trial, i.e. keeping defense satisfied. imo... every time defense files a motion, it is intended to delay trial start.The Judge made it clear that he was not endorsing or setting precedence regarding the BOP as it isn't recognized in SC, but that the State provided it freely and the Defense was satisfied. WTAH?
MOO
From the live hearing -- good to know that AM's blood-spattered clothing collected did not disappear from evidence as alleged earlier.
Samples cut from the clothing and used for testing were consumed (destroyed) during testing. Can't retest.
The defense argues they can't retest, and the remainder never sent to the testing lab is of no forensic value to the defense.
Defense alleges no evidence of Paul's DNA on AM's clothing.
The defense wants an evidentiary hearing to argue photoshopped evidence, determine if the consumption of the spattered sample was intentional, etc.
_________
I really have trouble understanding Dick Harpootlian who can't seem to express anything in a straightforward manner! The circular arguments from his mouth are so frustrating! MOO
Indeed, get that courtroom portrait of AM's grandfather out of there before trial!Judge: 9:10 pm submission little time to review.
Reverse motion to eliminate the court to make a preliminary ruling. Arguments are not evidence, all of this will be scrutinized by the Court and rulings will be made. Each case is unique, rulings must be fashioned to the particulars of the certain cases.
Next hearing Dec 16th for response and Motion to Compel from Defense by Dec 23rd.
AM Grandfather's portrait hangs in courtroom, should it be removed for this case? It will be removed ordered by Judge.
I think It's going to be pretty hard for the Defense to show that the State purposely and in bad faith consumed all of the material. If the State can show the tests were done properly, with qualified workers and facility, I think they have just as much of a chance if not better of getting the test results in.I personally see this being a big issue. The blood spatter shirt is one of the most damning pieces of evidence that places him within inches of the body when it happened. This is not simply a blood stained shirt. Should that not be allowed, that will be a monster win for the defense. Just my opinion
I think It's going to be pretty hard for the Defense to show that the State purposely and in bad faith consumed all of the material. If the State can show the tests were done properly, with qualified workers and facility, I think they have just as much of a chance if not better of getting the test results in.
I agree it is a crucial piece of the murder scenario.
MOO
Great question; I’m curious too.Honest question- Does it have to be based on it being purposely done?
IANAL but I do believe that the Defense would have to prove it was done with bad intentions or by a questionable lab, ie. something that might cast doubt as to the authenticity of the results. Which I think would be extremely hard to prove.Honest question- Does it have to be based on it being purposely done?
IANAL but I do believe that the Defense would have to prove it was done with bad intentions or by a questionable lab, ie. something that might cast doubt as to the authenticity of the results. Which I think would be extremely hard to prove.
MOO
Kills one with the first weapon, is confronted by the second with the second weapon, lays down his weapon, convinces second to give him second weapon, turns it on them. Or he may have just planned to use two separate weapons to suggest two perps - or he may have just used a shotgun because close range then hid at a distance when wife came to investigate and used the rifle, for practical reasons. Plenty of plausible scenarios.So has anyone come up with an idea of how the accused was able to commit the two murders with two different weapons?
All plausible for sure. IMO he was trying to suggest two perps.Kills one with the first weapon, is confronted by the second with the second weapon, lays down his weapon, convinces second to give him second weapon, turns it on them. Or he may have just planned to use two separate weapons to suggest two perps - or he may have just used a shotgun because close range then hid at a distance when wife came to investigate and used the rifle, for practical reasons. Plenty of plausible scenarios.
I agree -- we've seen this happen before where the sample was consumed or what remained was insufficient for a second test. But this is why the defense can always be present to witness the testing instead of crying about it later-- mainly because they did not like the test results. MOOI think It's going to be pretty hard for the Defense to show that the State purposely and in bad faith consumed all of the material. If the State can show the tests were done properly, with qualified workers and facility, I think they have just as much of a chance if not better of getting the test results in.
I agree it is a crucial piece of the murder scenario.
MOO
It's a legal catch-22 though if the testing that consumes the sample is a part of the criminal investigation that ultimately results in the prosecution, for which the defense then argues that they don't have the evidence against their client to examine.I agree -- we've seen this happen before the sample was consumed or what remained was insufficient for a second test. But this is why the defense can always be witness to the testing instead of crying about it later-- mainly because they did not like the test results. MOO