Members of the jury
I ask you to consider the evidence of the tape found on the mouth of the deceased.
This has been described as duct tape. This tape, apparently identified by FBI - (citation required) is of the type containing a cloth base and a rubber adhesive. The tape has been described as 'wide, black'. It has been asserted that the reverse or sticky side of this particular tape is grey or silver (citation required).
The tape has not been described in evidence by the prosecution. It appears it was not electrical tape but was 'wide' tape, the type used to secure items and in common use in commercial and domestic applications.
The particular piece of tape that was apparently adhered to the mouth of the deceased was removed by her father when she was discovered and 'discarded'. At that time, it was described as 'wide, black tape' 'not electrical tape' 'not duct tape'.
This discarded tape was, according to the prosecution, the tape that adhered to the white blanket on evidence picture 149
http://www.acandyrose.com/149blanket-x.gif However, you will see this tape is clearly grey or silver in colour. This could be because the tape is apparently silver/grey on the sticky side, and the tape is not actually adhered but merely atop the blanket.
In addition, the deceased's father maintains that there were additional strips of tape on 'the legs' of the deceased. These strips have not been submitted into evidence. It appears that there is no trace of these additional pieces of 'black tape'.
Now, to the tape itself. It appears from the evidence at hand, that both ends of the tape that was removed from the deceased's mouth had been torn rather than cut. This would indicate that the perpetrator of the crime tore a length sufficient to attach to the deceased's mouth directly from a roll of tape that he had on his person. There has been some attempt to suggest that the tape was 'second hand' and that it had been removed from an object within the house, but there is no forensic evidence to suggest that this may have happened. Had the tape been previously used, there would have been some residue of it's previous use in evidence, and none has been submitted. No source of the tape was found in the house, either previously used or on a roll.
Therefore I believe we can assume that the perpertrator brought the tape and tore off a piece sufficient to place on the deceased's mouth. There would need to have been evidence of how this was torn from the roll. Cloth tape is easily torn with finger and thumb of both hands, so there would have needed to be either fingerprints if bare hands had been used, or fibers if the person had worn gloves.
We are aware that 'brown cotton fibers' were found on the tape. There was also apparently some animal hairs. Found also apparently were four (4) red acrilic fibers similar (or consistent) with fibers from the jacket of the deceased's Mother. There were other unsourced and unidentified fiberes.
I therefore submit to you that there is no likelihood that the parents of the deceased were the ones to tear off and apply the tape to the deceased's mouth, for the following reasons:
1. The tape was not sourced to the house. There was no tape that matched that adhered to the deceased's mouth in the home.
2. The tape was torn not cut. The method of tearing would have left either fingerprints or fibers (if gloved hands were used). If fingerprints were not found then gloves MUST have been worn. These should have been sourced to the house or their origins established.
3. The Swiss Army Knife was not used to cut the tape and therefore had no role and it's doubtful if the knife belonging to the brother of the deceased was used in the commission of this crime.
4. Had the parents of the deceased been her killers, they would have had to have worn gloves during the killing. These gloves would have then needed to be disposed of. There is no evidence of them either purchasing/owning such gloves or having disposed of such items.
I therefore submit to the jury, that neither the tape nor the person who applied it was sourced to the house. The parents were not responsible for the application of the tape to their dead daughter's mouth and therefore were not implicated in any way in her death.