WA - Mackenzie Cowell, 17, Wenatchee, 9 Feb 2010 - #13

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No More said:
Regarding the phone carrier that ignored the legal order to preserve phone records:

BOOOOO!! LOSERS.

1. If this turns out to be my carrier, I will never again purchase any service or product from them. I will also post who they are whenever I can, here and elsewhere.

2. It is BS that the Carrier cannot recover that data. Companies that large have data back-ups, and failing that there are forensic techniques to recover deleted data. Even if the technology to do so does not exist NOW, the Carrier's Data Storage hardware should be confiscated immediately so that the data can be recovered in the future when technology has advanced enough to do so. LE did this in general with DNA evidence (Green River psycho for example).

3. I hope that LE clearly documents all costs of the investigation, and clearly calculates the extra cost to the investigation caused by NOT having those deleted phone records. That cost should be paid in FULL by the Carrier, with interest.

4. I hope the U.S. Attorney drags the CEO and Board Members of this company in and charges them with everything they can, starting with Obstruction of Justice and why not charge them with Accessory to Murder as well.
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I know. It's unacceptable.

AFAK the only carrier for the LG ENV is Verizon.
 
girlfawkes said:
From your link-

"V. In no event shall any person under the age of 18 years at the time the offense was committed be culpable of a capital murder."

So obviously we are looking at an adult. Not news to me, but may be of interest to others who were considering a minor as a possible POI.
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That is a big thing I noticed too in the definition!
 
girlfawkes said:
Yup. Good news from an investigative standpoint, IMO. Either scenario indicates that that they have a well thought out timeline and a POI.

ETA- of course the prosecutor will have to determine what charges apply after an arrest, but obviously LE thinks that this was a capital offense.
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I couldn't agree more. I think we have all thought they had someone in mind for quite some time due to the lack of information released and lack of communication from friends and family. Harum's been around for a long time and would not use terms like "capital" as a general remark. I hope this means we're getting closer. Sleuthers have been doing extreme due dilegence by exploring every angle and possible POI, but it seems like we just can't get past one person.
 
girlfawkes said:
I know. It's unacceptable.

AFAK the only carrier for the LG ENV is Verizon.
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I got the impression from the interview that it was not the carrier for MC's phone, but the carrier for someone else's phone.
 
I spent the afternoon down by the dock and noticed two things that everyone could be interested in.

1. While I was looking around, I noticed an undercover police car driving through the park. The only reason I noticed it was I knew one of the officers. This officer tends to spend time in public. Since it was 2:00 I do not think they were on a break. Knowing this officer he tends to park and watch. If there is something that catches his eye, he will get out of the car and investigate. While I don’t think they were necessarily doing something related to MC, it made me feel like they were present.

2. I noticed a large group of teens spend some time behind the bathrooms, on the dock side of the building. They were all setting in a group talking. Someone of them had their babies with them. (kids having kids) What caught my eye was a girl, maybe 17, walked across the warehouse parking lot to group of kids. Most of the girls had big bleach blond hair. It was a mix of Hispanic and Caucasian 14-20 year olds. About half were wearing red hats, shirts or coats. All of the males were wearing some type of skater/gangsta clothing, oversized clothing, skater wear, and baseball caps all cocked sideways. Not that it is related to MC but it was interesting.
 
love_to_dig said:
Is this for the state of New Hampshire?

I was trying to find something in Wa state RCWs, but haven't found anything yet.
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Here's a site that lists capitol offenses by state:

http://www.deathpenaltyinfo.org/crimes-punishable-death-penalty#BJS

Washington only lists aggravated murder 1, no reference to minors. I'll keep looking. Aggravating circumstances in Wa usually means premeditation.

Of course federal charges may apply as well, which could bounce a variety of offenses up to capitol.
 
girlfawkes said:
More thoughts-

He referenced blood tests as being more time consuming than DNA. I assume he means toxicology and that it is not back yet.

WOW thought- He referred to this as a capital crime when he was talking about the state helping with funding. That would mean they are thinking first degree murder with aggravating circumstances, like premeditation. This is a big piece of info, since not all murder charges are capital. It also further enforces that they DO have a POI, since they would have established motive and a suspect to determine premeditation.
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I have listened several times to the part of the interview where the sheriff references state funds/capital crimes. It does indeed sound like he's speaking specifically about this case.

If that assumption is correct, and the sheriff was NOT saying something like, ~ well, if this TURNS OUT to be a capital murder case there's some state funding available to help out with that ~, then it causes me to wonder if the mention of the topic of capital crime/state funds in this interview would fall into the category of a slip. Or not. Intentional or oops? Maybe LE wants the public to have this information at this time?
 
girlfawkes said:
I know. It's unacceptable.

AFAK the only carrier for the LG ENV is Verizon.
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That is true however I didn't get the impression that it was the records for Mackenzie's phone, but someone else's... I could be wrong...
 
*Intrigued* said:
That is true however I didn't get the impression that it was the records for Mackenzie's phone, but someone else's... I could be wrong...
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I got the impression that it was both hers and someone else's. I'll have to listen to that portion again.
 
James ,
I went down to the boat launch the day that some people said that there was a bunch of LE and dive teams down there and I noticed some red flags on metal poles in the water next to the walking bridge close to the edge in the rocky area. Are those flags always there or could they have been put there recently by LE.? I have never spent any time down there so sorry if this seems like a silly question.
 
love_to_dig said:
Is this for the state of New Hampshire?

I was trying to find something in Wa state RCWs, but haven't found anything yet.
Click to expand...


Here's WA's statutes defining "capital murder":


Chapter 10.95. Capital punishment - Aggravated first degree murder

§ 10.95.020. Definition

A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:

(1) The victim was a law enforcement officer, corrections officer, or firefighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;

(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;

(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;

(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;

(8) The victim was:

(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and

(b) The murder was related to the exercise of official duties performed or to be performed by the victim;

(9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

(10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;

(11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

(a) Robbery in the first or second degree;

(b) Rape in the first or second degree;

(c) Burglary in the first or second degree or residential burglary;

(d) Kidnapping in the first degree; or

(e) Arson in the first degree;

(12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;

(13) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;

(14) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in * RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

(a) Harassment as defined in RCW 9A.46.020 ; or

(b) Any criminal assault.



§ 9A.32.030. Murder in the first degree

(1) A person is guilty of murder in the first degree when:

(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or

(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or

(c) He or she commits or attempts to commit the crime of either (1) robbery in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

(2) Murder in the first degree is a class A felony.
 
My first post. I feel that the carrier who "lost" the data is totally incompetent. I quite agree with No More. Especially on point # 3. There must have been some kind of backup.
I don't have much to offer in the way of theories at this time. I've been reading the ones on here and trying to make sense of this. Until today we haven't heard from WW or LE for quite some time. I sure hope they have someone as POI. I would hate to think this is going cold.
I live in Spokane but am from Wenatchee. I guess the reason this case struck me was because last fall, I had the pleasure of meeting Mackenzie. My girlfriends daughter is an Applette, and she was having a get together at her house with her friends and Mackenzie was there. I sure never imagined something this horrible would happen. I hope LE nails the person(s) responsible soon. Thanks.
 
lbpom63 said:
James ,
I went down to the boat launch the day that some people said that there was a bunch of LE and dive teams down there and I noticed some red flags on metal poles in the water next to the walking bridge close to the edge in the rocky area. Are those flags always there or could they have been put there recently by LE.? I have never spent any time down there so sorry if this seems like a silly question.
Click to expand...

I noticed many little red/dark-orange markers on the ground, I was given the impression they had something to do with lawn maintenance, but I am not 100% sure.
 
girlfawkes said:
I got the impression that it was both hers and someone else's. I'll have to listen to that portion again.
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Quote from the interview, to the best of my interpretation, LOL.

"They neglected to do that so we lost some of this data that we were hoping to get to determine where certain people were, ummm and when they used their phones, especially Mackenzie's phone, some of the data was dumped or purged that we were asking for..."

Sounds like at least 2 phones to me- Mac's and someone else's.
 
No More said:
I got the impression from the interview that it was not the carrier for MC's phone, but the carrier for someone else's phone.
Click to expand...

I don't think we can blame just one carrier, as much as I would like to. I know that when it comes to "roaming" data is transferred between cell towers and data can get lost (or purged).

FWIW, there are some carriers that have no cell service in the CB area. Verizon leases from the newer cell tower in Quincy, which I think is owned by US Cellular. I know from experience (with Verizon) that while driving along I-28, Verizon's service is intermittent from Wenatchee to CB and drops from Trinidad to Quincy.

I agree, they are talking about MC's cell phone records but I think they are also talking about the POI's cell phone records too.
 
love_to_dig said:
Is this for the state of New Hampshire?

I was trying to find something in Wa state RCWs, but haven't found anything yet.
Click to expand...

I think you maybe correct. I googled capital murder and that is the definition I could find. So here are a couple of more links that go hand in hand. The first one lists capital offenses state by state. WA state says "aggravated first degree murder".

http://www.deathpenaltyinfo.org/crimes-punishable-death-penalty

This is what I could find on WA state... I did not see anything in it about the age of 18 (sorry girlfawkes). This seems to open up many more scenarios.

http://apps.leg.wa.gov/RCW/default.aspx?cite=10.95&full=true

Feel free to question my skills here. Just know I am doing my best to get the facts.
 
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