Spoliation Motion Sept 22, 2009 Includes Response

[Muzikman]

Did this say they didn't see any heart shaped item?

I haven't actually read them yet... really tiny handwriting, I was serious about having to find my reading glasses. or a magnifying glass.

 

[nyvictoria]

I'm trying to make out what the heck is written here but not having much success. The handwriting is not too legible (must be an MD ). There are some notations about the residence. That really peaks my curiosity!

My mom is a 2nd grade teacher. I'm going to ask her if she can transcribe the doc. She's used to reading all types of handwriting. If she's able to, I'll post it tomorrow.

But, then again, maybe it's just me :waitasec:

 

[MysticOne]

Did this say they didn't see any heart shaped item?

That is sure what it looked like to me, but then this was very early in the investigation. I wish this was easier to read, but so appreciate the information.

Thanks Muzikman!

ETA However, it does say a heartshaped sticker (about the size of a thumbnail) was found at the home (I think) - not at the scene as I first thought I read. I think it said it was on the back of a picture frame. The notation was made 12/18/08, can anyone else read it better than my old eyes can?

 

[Muzikman]

I'm trying to make out what the heck is written here but not having much success. The handwriting is not too legible (must be an MD ). There are some notations about the residence. That really peaks my curiosity!

My mom is a 2nd grade teacher. I'm going to ask her if she can transcribe the doc. She's used to reading all types of handwriting. If she's able to, I'll post it tomorrow.

But, then again, maybe it's just me :waitasec:

no, this IS really, really tiny handwriting. But at least it's somewhat neat.

I should have noted this above, because it could help - Page 12 in the Motion to Dismiss filed 9/17/09 refers to this Appendix I FBI Activity Log, as well as Appendix H (which I'm kicking myself for not getting!)

Victoria, a transcription would be great!

 

[Reagan]

Here is another doc I got yesterday that wasn't put up by the media. It is Appendix I from the Motion to Dismiss, titled FBI Laboratory Activity and Communication Log. Handwritten, I haven't actually read them yet, gotta find my reading glasses.

Tony P will apparently be using something in this appendix (and Appendix H, which I thought I had already and will have to go back and get) for his story tonite on Local 6.

http://www.filedropper.com/fbilabcommlog

Thanks! Trying to read it now but from my experience, many LE folks have chicken scratch handwriting. I can hardly read this, just like I can hardly read some of the ex cops paperwork handed to me at work. :waitasec:

 

[CarolinaMoon]

That is sure what it looked like to me, but then this was very early in the investigation. I wish this was easier to read, but so appreciate the information.

Thanks Muzikman!

ETA However, it does say a heartshaped sticker (about the size of a thumbnail) was found at the home (I think) - not at the scene as I first thought I read. I think it said it was on the back of a picture frame. The notation was made 12/18/08, can anyone else read it better than my old eyes can?

Not about the handwriting... just a note that there are pictures of the heart-shaped sticker found at the scene. It's possible this is another sticker, found in the home search.

 

[Muzikman]

Tony Pipitone's Local 6 report is up now. He focused on page 9316 of this doc and the Heart-shaped sticker.

http://www.clickorlando.com/news/21104174/detail.html

They also put up only 1 page of the 5-page document. This is why I go get the docs myself...

 

[Oakley]

Tony Pipitone's Local 6 report is up now. He focused on page 9316 of this doc and the Heart-shaped sticker.

http://www.clickorlando.com/news/21104174/detail.html

From article:

"But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated.

Some evidence photos have been withheld from public release, so it is not known if any other agency took photos that show an outline of a heart on the tape. But there has been no mention of other such photos in any of the discovery released so far.

Without such an image, a jury will never get to see exactly what was on the duct tape and the size of the outline of the heart cannot be exactly compared to the stickers recovered."

What a bummer!

 

[Muzikman]

From article:

"But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated.

Some evidence photos have been withheld from public release, so it is not known if any other agency took photos that show an outline of a heart on the tape. But there has been no mention of other such photos in any of the discovery released so far.

Without such an image, a jury will never get to see exactly what was on the duct tape and the size of the outline of the heart cannot be exactly compared to the stickers recovered."

What a bummer!

Does the heart sticker make or break this case? I think not. Just shows how F'ed up Casey was.

This also is not intentional destruction of evidence, as Baez is claiming.

 

[CarolinaMoon]

From article:

"But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated.

Some evidence photos have been withheld from public release, so it is not known if any other agency took photos that show an outline of a heart on the tape. But there has been no mention of other such photos in any of the discovery released so far.

Without such an image, a jury will never get to see exactly what was on the duct tape and the size of the outline of the heart cannot be exactly compared to the stickers recovered."

What a bummer!

MAJOR BUMMER! We will hear all about this and "spoliation"! :banghead: Let's hope this is all the bad news we get from now on.

 

[RR0004]

From article:

"But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated.

Some evidence photos have been withheld from public release, so it is not known if any other agency took photos that show an outline of a heart on the tape. But there has been no mention of other such photos in any of the discovery released so far.

Without such an image, a jury will never get to see exactly what was on the duct tape and the size of the outline of the heart cannot be exactly compared to the stickers recovered."

What a bummer!

Well, from what I could read...it doesn't really say the FBI destroyed the property. Maybe there's someone better than I that can interpret the information presented here...but this was just a log. The rest is assumption if you ask me. Can someone pinpoint where it says that the FBI destroyed remnants of the sticker area? What I saw was something about "no heart shaped item found"...then something about the nonadhesive side of the tape...so the tape was still obviously there. If there was the outline of a sticker on the tape, I strongly feel that it would have been photographed prior to testing for prints. That makes more sense to me.

 

[Oakley]

Does the heart sticker make or break this case? I think not. Just shows how F'ed up Casey was.

This also is not intentional destruction of evidence, as Baez is claiming.

True. And it's not as if it compromised the remains in any way. If any thing, it might help Casey out a bit, so I don't know why Baez is whining about this. Also, didn't the article say it was unknown if another agency might have photographed the heart adhesive before the fingerprint test was done? So there is always that possibility.

 

[Oakley]

Well, from what I could read...it doesn't really say the FBI destroyed the property. Maybe there's someone better than I that can interpret the information presented here...but this was just a log. The rest is assumption if you ask me. Can someone pinpoint where it says that the FBI destroyed remnants of the sticker area? What I saw was something about "no heart shaped item found"...then something about the nonadhesive side of the tape...so the tape was still obviously there. If there was the outline of a sticker on the tape, I strongly feel that it would have been photographed prior to testing for prints. That makes more sense to me.

From the article (my bold) "But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated."

I don't believe it implies at all that the FBI destroyed anything but rather that the heart shaped adhesive outline was obliterated (inadvertently) during the fingerprinting process (if I am interpreting it correctly.)

ETA: Wondering if this is a case of a poor choice of words ("destroyed") i.e., not entirely accurate in describing what transpired.

 

[bailee]

Heart sticker, no heart sticker. Am I missing something, it was an unusual brand of duct tape, the poor baby's skull was partially wrapped with it? What does the sticker have to do with the probable cause of death? I think the news stations are getting desperate here. Good timing too! Yeesh

Oh yeah MOO

 

[ExpectingUnicorns]

Here's the first page of Muzikman's latest contribution: Appendix I from the Motion to Dismiss, titled FBI Laboratory Activity and Communication Log. First draft - Please let me know what to correct or fill in blanks. I made _____s where I had no idea what was handwritten and put (?) after words I was pretty sure about but not positive. This is only a loose transcription so don't use this to base any facts or theories on unless you go back to check the original document for yourselves: http://www.filedropper.com/fbilabcommlog
Hope it will be helpful.

12/12/08
Per telcalls/emails with ERT (?) K.C. - some items to be brought to lab on Sat for testing. Lab agreed to expedite (over weekend) only the items for identification plus the duct tape for _______. The other items can be delivered but will be dealt with during normal working hours.

12/13/08
Copy of OCSO inventory list provided by SA C. No DNA on tape since under water. (Previously spoke with _______.) SA C. will send listing of items they have from scene(s) so until can review and items can be submitted at one time.

12/13/08
Per TEM (?) Shaw Q59.1 5 hair pieces for info added and Q59.2 15 hair roots for DNA added.
Per ___ (Fontaine) a heart shape/outline was noted on tape but unable to see it after powder process - no photo of their (and then lined through and replaced by) EPM (?) image.

12/15/08
Telcall from SA C. - family had property landscaped around time of disappearance - have weed baner (sic) (black tarp-like _____) unsure if units can do anything with it. Found at scene: plastic Disney bag near body (waste blew on it), more duct tape, lettering material possibly from shirt (field believes shirt had iron on that read Big Trouble Comes In Small Packages), they have canvas-type laundry bag from scene and they found one (1) in residence. They may be getting another search warrant for residence ---> stickers/scrapbooking materials. Agent asked to know if TEM (?) saw anything on tape. Per TEM (?) --> no, didn't see any heart shape item. Notified agent (___ SA C.) Per heart-shape/adhesive was on Q63 (?) near end or on non-adh side. ______ also suggested to agent that _____ also be requested to do vaccuum metal (?) deposition from plastic bags at scene. ___/__ added for plastic bags - ___/tape - cu (?) letter (serial #390) - used case agent and TFO for TO portion - per ____.

12/15/08
Per OANI (?) (____) Q61 (?), NE3 (?) packaged together - transferred to ONA__ by DNAI. Asked DNAI /T__ for copies of their chains (?). Telcall with SA C. - ME's office wants tibia and hair mass back for review. DNAII placed in storage for pick up. NE3 kept DMAII-chain amended (?) (DMAII's). DMAII asked if any other remains would need to be typed - DMAII report uploaded (serial #389). Telcall with SA C. - may need to pick up items personally on 12/16 for delivery to ME's office - will advise 12/16.

 

[mysteriew]

From the article (my bold) "But Local 6 has obtained a report from the FBI laboratory that reveals all traces of such a shape on the duct tape were destroyed by the FBI lab during a fingerprint-testing process and no photograph of the outline of a heart was taken by the FBI before all traces of it were obliterated."

I don't believe it implies at all that the FBI destroyed anything but rather that the heart shaped adhesive outline was obliterated (inadvertently) during the fingerprinting process (if I am interpreting it correctly.)

ETA: Wondering if this is a case of a poor choice of words ("destroyed") i.e., not entirely accurate in describing what transpired.

I'm a little confused. The way I am reading this, the tech saw a heart, then she began dusting the tape for fingerprints but when she was done dusting for prints the heart was no longer visible.

But would the adhesive on the tape hold fingerprint powder better than smooth tape? And even if it somehow got wiped off, wouldn't there still be residue on the tape? I guess that is unless some chemical used in the process acted as a tape remover and dissolved the adhesive? Could trace evidence bring up evidence of the heart?

I think this is where JB was headed all along and what he has been fussing about. Anyway I don't see this as a deal breaker (My opinion only.) They just won't be able to include it in the trial unless the defense brings it up. The state has to allow the defense to test any evidence they are going to show at trial. Since they can't find the heart I think the worst thing that will happen is that it can't be brought up at trial. But the defense might bring it up at trial, as evidence of shoddy testing, in which case the state should be able to talk about it then.

It happens at times that there is an insufficent amount of a sample to allow for both the state and the defense to conduct tests. Ex. used to be the bloodstains sometimes couldn't be tested if they were very small because the test would use up the sample and the defense couldn't conduct their own tests. That doesn't happen as much now because they can do testing with extremely small amounts of blood.

 

[Brini]

Over and over and over again! We have disected,argued and read between the lines.Still,it's not enough.We want more! Cuz we are Websleuths :woohoo:

..and we need a 12-Step group!

 

[Sdavidson11]

True. And it's not as if it compromised the remains in any way. If any thing, it might help Casey out a bit, so I don't know why Baez is whining about this. Also, didn't the article say it was unknown if another agency might have photographed the heart adhesive before the fingerprint test was done? So there is always that possibility.

I think I remember Dr. G's notes or statement about the adhesive of a heart shape of a sticker. If this is the case, I am sure she photographed that evidence. I am not stating this as fact, I will go look for a link, but my memory has something stored regarding that adhesive and Dr. G. Along with the CSI team that found the baby with duct tape on the front part of the skull holding the mandible in place, you would think they would photograph that from every angle and close up. After typing that the residue from a sticker is the least of the defenses problems again here starts the smoke and mirrors. This will be the beginning of the long list of slanderous conclusions by the defense and they are starting with the FBI, these folks have balls of Steele. This will be interesting in how far will they go and who will believe them in the deconstruction of the evidence. I am waiting to see how they will get around the 31 days.:crazy: All I can hope for is Justice for Caylee.

 

[Oakley]

I'm a little confused. The way I am reading this, the tech saw a heart, then she began dusting the tape for fingerprints but when she was done dusting for prints the heart was no longer visible.

But would the adhesive on the tape hold fingerprint powder better than smooth tape? And even if it somehow got wiped off, wouldn't there still be residue on the tape? I guess that is unless some chemical used in the process acted as a tape remover and dissolved the adhesive?

I think this is where JB was headed all along and what he has been fussing about. Anyway I don't see this as a deal breaker (My opinion only.) They just won't be able to include it in the trial unless the defense brings it up. The state has to allow the defense to test any evidence they are going to show at trial. Since they can't find the heart I think the worst thing that will happen is that it can't be brought up at trial. But the defense might bring it up at trial, as evidence of shoddy testing, in which case the state should be able to talk about it then.

It happens at times that there is an insufficent amount of a sample to allow for both the state and the defense to conduct tests. Ex. used to be the bloodstains sometimes couldn't be tested if they were very small because the test would use up the sample and the defense couldn't conduct their own tests. That doesn't happen as much now because they can do testing with extremely small amounts of blood.

Having no knowledge at all of the process involved, what I've bolded above would be my best guess as well. Agree that it is a non-issue, aside from the loss of a nail in Casey's coffin. However, as has been stated, there are plenty of other 'nails' making this one essentially inconsequential, IMO.

 

[bailee]

:crazy: This better not be the "glove" that team Baez is looking for. I don't think it will fit.
Sorry, just Moo

Pun intended :truce: