Day Five, Nov. 8, first half of the day.
KAITLIN ARMSTRONG MURDER TRIAL
Back.We are now watching the KVUE video attached to the web article. The audio has been muted. In the video, you can see footage of Armstrong walking through the airport. Spitler believes it is footage from LGA.
Spitler says there are a number of instances when Armstrong was searching for her own name from Costa Rica. 5/28 - A search: "can imei be tracked if not making phone calls"Spitler says "imei" refers to a digital fingerprint. A way for a cellphone to be tracked
6/23 Search : "can pineapples burn your fingerprints"6/23: "TIL workers who cut up pineapples eventually lose their fingerprints"Another 6/23 search:
There are numerous searches for rhinoplasty plastic surgery.
Now looking at various Meta forms which show access from Kaitlin Armstrong's Instagram account to Colin Strickland's account and Mo Wilson's account.
Now looking at Strava data for Kaitlin Armstrong on 5/11/22. She went for a morning ride for 24.3 miles lasting 1:28:58. No further questions from the state.
Defense's turn.
Defense asking if Spitler discussed firearms and sharing his opinions about firearms with Strickland. He recalls his opinion about shooting as being "relaxing."Defense asks about the level of proficiency required to make the shots we see in this murder case. Spitler says he can't answer because he doesn't know the distance the shots were fired.
Defense questioning Spitler about his experience as a police officer and homicide detective.
Since 5/11, Spitler says he has lead "about five" homicide investigations since 5/11/22. He says he almost always encounters mistakes that are made along the way.Defense asks about investigative techniques when there are no eyewitnesses. Spitler says he tries to canvas the area of the murder with other detectives.
Defense pulls up the previous map of the neighborhood. Asks if APD attempted to speak to residents in each and every home on Maple Ave. Spitler says "he does not believe so." Spitler agrees he did not personally speak to every resident. Spitler agrees there were no residents who heard the gunshots nor saw Armstrong at the scene of the murder.
Defense asking if Spitler reached out to people who knew Colin Strickland, Caitlin Cash and Mo Wilson. Spitler says he spoke to Wilson's roommate, friends and family. Defense asking for Spitler to open and review his supplemental investigative document.
Defense is asking how, with no eyewitnesses to the murder, Spitler labeled Armstrong as a suspect. Spitler says he didn't, he listed her as a "possible suspect.”
Defense asking about Mo Wilson's ex, Gunner Shaw. Spitler confirms there was a history of domestic violence. Defense wonders why more attention wasn't paid to Shaw. Spitler says his alibi checked out and didn't match with timeline, but admits that he didn't know that information at the time he ruled him out.
Now defense asking about a 2nd interrogation with Colin Strickland. In this interview, Spitler asks Strickland if he knew anyone who might have wanted to hurt or Kill Wilson. Strickland didn't know anyone, but mentioned ex-boyfriends.Spitler says Strickland mentioned Gunner Shaw by name. Strickland mentioned that Shaw was not happy with Wilson's relationship with Strickland.
Spitler says he spoke to Shaw and another ex, Allen Lim, in July 2022. He said he was working against his theory that "Armstrong committed this murder." Every single lead kept coming back to Spitler that Armstrong was the murderer.
The jury has been dismissed so that the defense can help Spitler refresh his memory. Spitler seems to be contradicting on the stand what the defense believes is on-the-record testimony and on-the-record evidence. After a brief back-and-forth and clarification, both sides have now agreed that Spitler was confused if the defense was asking about Gunner Shaw or Allen Lim. Jury is being brought back in!
Spitler says he was calling Lim because "he wasn't sure what the defense was going to pull." Spitler admits that he lied to Lim, essentially telling him he wasn't a suspect in this murder, so that way he could get him to cooperate. Defense: "Were you interested in eliminating potential suspects or were you simply trying to defeat defense arguments?" Spitler: "Probably both.”
Defense wonders if Spitler was trying to eliminate other potential suspects to make the case against Armstrong. Basically not doing true due-dilligence.Spitler says his goal was to find the truth. He wants to end suffering for the victim's family, the police department, for the deceased.
Defense asking about physical evidence and how detectives can decide if it is inculpatory or exculpatory.Spitler says he "believes" all evidence was analyzed.Defense bewildered that the lead detective doesn't know for certain if all evidence was anlalyzed.
Defense asking about a "rape kit" that was performed on Wilson vagina during her autopsy. It was collected as evidence. The rape kit in this case was not forensically analyzed, Spitler admits.Defense: "We will never know what evidence was present in that kit, will we?"Spitler: "We will not."Spitler says there was no evidence of sexual assault. Spitler was the one who chose not to have the rape kit tested.
Spitler says digital evidence can be deleted from the surface of a program, but can be kept in the memory of a program. Photos, apps, searches, emails, conversations can all be accessed from digital extractions. Spitler disagrees that it takes an expert to find this information.
Now discussing the laptops, phones and tablets that were seized from the property on 5/12. Spitler says that Strickland "really wanted his laptop back."On 5/19, Spitler received a search warrant to search Armstrong's laptop. Strickland's laptop was not forensically analyzed.
Spitler admits that in hindsight, it's likely that important information about this case could have existed on Strickland's laptop. But at that point in time, Strickland only "appeared to be a witness.”
On 5/19, Spitler allowed Strickland to retrieve his laptop. Spitler says he searched the laptop beforehand, but did not insist on a trained forensic expert to perform a thorough extraction.Spitler admits Strickland's laptop, which was a piece of evidence at one point, is the only evidence which is no longer in custody of APD/criminal courts.Spitler says he returned it to Strickland because he wanted him to be cooperative. Even though Strickland gave permission for his laptop to be extracted, defense grills Spitler as to why he didn't take that step.
Defense: "Did you treat Colin Strickland differently because he was a minor celebrity?"Spitler: "No sir."
Spitler admits that 5/12/22 wasn't the first time he met Strickland. The two had met at a Taco Deli while he was on patrol about three years prior to the murder. Defense seizing on the opportunity that Spitler might have known and favored Strickland all along.
Spitler discussing his understanding of NIBIN, a network of ballistic information and evidence that investigators use to track and trace spent shell casings at crime scenes. Spitler admits that some inaccuracies were discovered in this case from NIBIN investigation.
#BREAKING: Defense moves for a mistrial saying that the district attorney did not turn over key evidence related to the vandalism report that happened in the days following the murder. He says this information is consequential to this murder.
Defense: "It is assuredly material. It is clear the police department never turned it over to the DA, to the defense..."Judge has heard enough. Denies motion for mistrial.
State is saying that he can get access to the vandalism report and they can enter it into evidence. Says he would be okay with a continuation if that's what the defense needs.ADA: "[Defense] misinterprets the law...Judge ultimately reminds everyone she denied the motion for a mistrial and urges the defense to move on.Wow, that was a really epic and heart-pounding moment of this case. Turned on a dime in an instant!
Defense asking Spitler why criminal mischief and vandalism wasn't further investigated. Spitler says he doesn't know who even investigated the vandalism at the house. Says he believes Armstrong was the one to pushed over the motorcycle.
Defense asking if Spitler had tunnel vision with this case of murder and separate case of vandalism. Spitler insists he doesn't regret not turning over the vandalism report to DA or defense.
Spitler says he does not agree this case is a "love triangle." Calls that term dramatic. Says he is aware that news agencies reported it as a "love triangle."Spitler says based on the evidence, he believes Armstrong was a jealous person. He believe jealousy was a possible motive for murder.
Q: "Isn't it true that your focus on Kaitlin Armstrong's jealousy biased your opinion?"A: "No sir."
No further questions from the defense.
State's re-direct.
State says he was just handed a 9-page report (presumably of the vandalism incident) which he is entering into the record. A copy was handed to the defense. The defense is being given an opportunity to report it.
State following up about the rape kit. Asking Spitler to share what evidence he believes leads to a possibility of sexual assault. Spitler says he has no evidence of sexual assault.
Evidence appears Wilson was scrolling her phone, eating chocolate, fully dressed. All reasons why Spitler does not suspect sexual assault. A potential rape would not have any of these clues, Spitler says.
Spitler says investigators do not have cell phone location data for Armstrong on the night of the murder because she turned her phone off as she was approaching Maple Ave.
We are taking our lunch break now. Court resumes at 2:15pmCT.