Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #14 *Arrest*

Status
Not open for further replies.
I believe you may be referring to the CC/RH case. I think I heard that too. Plus there was a very interesting poster, who kept putting forward a pretty unbelievable theory. And had a suitable name.
No. It was an older case: Ristevski, Ascot Vale. The detective i spoke to, was working on that case, at the time!!! Small world.
 
Key Event
2m ago
Prosecutor tells jury to dismiss foraging of death cap mushroomw [sic] was an accident

By Joseph Dunstan

Dr Rogers then pivots to the issue of whether or not Erin Patterson deliberately foraged death cap mushrooms to include in the meal.

She notes the evidence Ms Patterson gave about foraging for mushrooms since COVID lockdowns and tells the jury there's no evidence the accused ever spoke about mushroom foraging to anyone else.

Dr Rogers tells the jury Ms Patterson had denied foraging for mushrooms to several people including police in the days after the lunch.

She says that continued "even after" Ms Patterson told the court she began to suspect foraged mushrooms may have been in the meal, on the Tuesday after the lunch.

The prosecutor suggests to the jury that the foraging story was fabricated when the accused realised the story about an Asian grocer didn't stack up.

"The suggestion now that these mushrooms may have been accidentally foraged, is, we suggest, a very late change to the accused's story," Dr Rogers says.

The prosecutor says the jury can reject the foraging account as "nothing more than an attempt by the accused to get her story to fit the evidence that police compiled in this case".
 
11:06

Missing phone pinged in death cap hot spots​

Dr Rogers said police were still able to pull some potential evidence from Phone A.
This included linking her to Loch on April 28, when it is alleged she was looking for death caps.
On May 22, Patterson also had Phone A, which connected to Loch, when the Crown alleges she was again looking for death caps.
Phone A also pinged at Outtrim on that same day when it is alleged she looked for death caps – one day after fungi expert Dr Tom May's observation of death caps on the street.
Dr Rogers claimed Patterson used Phone A when she bought the dehydrator and went on the death cap mushroom hunt but told the jury police were never able to examine the device.
The prosecutor also asked the jury to dismiss any possible defence criticism of a lack of tech evidence.
'Remember the police couldn't interrogate the accused's phone because of what we say she deliberately did,' Dr Rogers said.


11:11

Patterson made up foraging hobby story, jury hears​

Dr Rogers explained to the jury Patterson only had 'one go at the cherry' to explain her case.
The prosecutor is now going through the predicted arguments lead defence barrister Colin Mandy SC might offer on behalf of his client.
Dr Rogers said the 'key argument' the defence has is that Patterson innocently foraged mushrooms.
She also said Patterson may argue she accidentally collected death caps, dehydrated them, put in a Tupperware container and unknowingly included them in the Wellingtons.
Dr Rogers said evidence indicating Patterson had an interest in foraging had only come from Patterson herself.
The prosecutor said no one else during the trial had ever seen or heard of this supposed interest and police found no books on foraging during their searches.
'The accused never discussed foraging for mushrooms with her online friends…,' Dr Rogers said.
'Even though they discussed "absolutely everything",' Dr Rogers said
The jury was reminded Patterson denied using foraged mushrooms even on August 1.
'The suggestion now that these mushrooms may have been accidentally foraged, we suggest is a very late change to the accused's story,' Dr Rogers said.
'She had to come up with something new.'
Dr Rogers told the jury to dismiss this late foraging defence.
'The only evidence you have about the accused having a habit of picking and eating mushrooms… comes from her own mouth,' Dr Rogers said.

 
Key Event
2m ago
Prosecution addresses possible motive

By Judd Boaz

Dr Rogers again pre-empts possible defence arguments that Ms Patterson had no reason to poison her relatives.

“It’s only natural that you’re going to wonder about these things,” Dr Rogers says.

She tells the jury that the question they must answer is not “why she did this”, but rather whether she intentionally set out to kill her guests, regardless of motive.

The court now takes a short break.
 
Key Event
2m ago
Prosecutor tells jury to dismiss foraging of death cap mushroomw [sic] was an accident

By Joseph Dunstan

Dr Rogers then pivots to the issue of whether or not Erin Patterson deliberately foraged death cap mushrooms to include in the meal.

She notes the evidence Ms Patterson gave about foraging for mushrooms since COVID lockdowns and tells the jury there's no evidence the accused ever spoke about mushroom foraging to anyone else.

Dr Rogers tells the jury Ms Patterson had denied foraging for mushrooms to several people including police in the days after the lunch.

She says that continued "even after" Ms Patterson told the court she began to suspect foraged mushrooms may have been in the meal, on the Tuesday after the lunch.

The prosecutor suggests to the jury that the foraging story was fabricated when the accused realised the story about an Asian grocer didn't stack up.

"The suggestion now that these mushrooms may have been accidentally foraged, is, we suggest, a very late change to the accused's story," Dr Rogers says.

The prosecutor says the jury can reject the foraging account as "nothing more than an attempt by the accused to get her story to fit the evidence that police compiled in this case".
Boom!
She absolutely wasn't a forager! I love this!
 
I doubt this is unusual and I think this may be recommended by her defence team.

Personally, I think the optics of someone taking notes would look a lot better than someone showing their emotions.

Also, the defence team will be listening carefully to the closing by Dr Rogers and will likely be tailoring their closing here and there. Erin would feed back some of her thoughts too, no doubt.
Not just 'feed back', but insist what to say.
She needs to be in control.
 
11:06

Missing phone pinged in death cap hot spots​

Dr Rogers said police were still able to pull some potential evidence from Phone A.
This included linking her to Loch on April 28, when it is alleged she was looking for death caps.
On May 22, Patterson also had Phone A, which connected to Loch, when the Crown alleges she was again looking for death caps.
Phone A also pinged at Outtrim on that same day when it is alleged she looked for death caps – one day after fungi expert Dr Tom May's observation of death caps on the street.
Dr Rogers claimed Patterson used Phone A when she bought the dehydrator and went on the death cap mushroom hunt but told the jury police were never able to examine the device.
The prosecutor also asked the jury to dismiss any possible defence criticism of a lack of tech evidence.
'Remember the police couldn't interrogate the accused's phone because of what we say she deliberately did,' Dr Rogers said.


11:11

Patterson made up foraging hobby story, jury hears​

Dr Rogers explained to the jury Patterson only had 'one go at the cherry' to explain her case.
The prosecutor is now going through the predicted arguments lead defence barrister Colin Mandy SC might offer on behalf of his client.
Dr Rogers said the 'key argument' the defence has is that Patterson innocently foraged mushrooms.
She also said Patterson may argue she accidentally collected death caps, dehydrated them, put in a Tupperware container and unknowingly included them in the Wellingtons.
Dr Rogers said evidence indicating Patterson had an interest in foraging had only come from Patterson herself.
The prosecutor said no one else during the trial had ever seen or heard of this supposed interest and police found no books on foraging during their searches.
'The accused never discussed foraging for mushrooms with her online friends…,' Dr Rogers said.
'Even though they discussed "absolutely everything",' Dr Rogers said
The jury was reminded Patterson denied using foraged mushrooms even on August 1.
'The suggestion now that these mushrooms may have been accidentally foraged, we suggest is a very late change to the accused's story,' Dr Rogers said.
'She had to come up with something new.'
Dr Rogers told the jury to dismiss this late foraging defence.
'The only evidence you have about the accused having a habit of picking and eating mushrooms… comes from her own mouth,' Dr Rogers said.


The reason this is so compelling, is because she had no reason to buy the dehydrator for her 'foraged foods' - she didn't forage, except for death caps and deadly nightshade IMO.
No reason at all not to buy supermarket fresh mushrooms for her meals. Who would use dried anything when the fresh version is readily available, affordable, better tasting? IMO
 
11:12

Prosecution says 'motive is not an element of the crime of murder'​

Dr Rogers again reminded the jury 'motive is not an element of the crime of murder'.
'You don’t have to know why a person does something in order to know they did it,' she said.
Dr Rogers said the question is not why the accused carried out the alleged crime.
'Has the prosecution proved beyond reasonable doubt the accused did this deliberately?' Dr Rogers said.

 

Game of phones 'designed to frustrate the police investigation'​

Dr Rogers moved onto Phone C, a Nokia, telling the jury Erin placed the SIM card ending in 783, her usual phone number, into Phone C.
“She continued to use the … number even after the police interview concluded on August 5,” Dr Rogers said.
She told the jury it was “quite clear” this was her usual SIM card, not the SIM card ending in 835 she handed over to police in Phone B.
“All of this conduct, the factory resets, the handing over of the blank dummy phone, pretending Phone B was her phone … was designed to frustrate the police investigation,” she said.
“All done so the police would never see the contents of the accused’s real phone.
“We suggest to you the only reasonable explanation … was she knew the information on Phone A, her usual phone, would implicate her in the deliberately poisoning of the lunch guests.”
She added that there was no evidence of the “potentially incriminating evidence” on Phone A, but pointed to the fact this was the phone that Erin allegedly took with her when she foraged for death caps in Loch and Outtrim.

 
2m ago11.18 AEST

'Was the accused really a mushroom forager?'​

Rogers says she expects the defence will argue the jury cannot exclude the possibility that Patterson “innocently” foraged for wild mushrooms and accidentally picked death cap mushrooms.

“Was the accused really a mushroom forager between 2020 and 2023 as she claimed to you?,” Rogers asks rhetorically.

She says the only evidence about this “comes from her own evidence”.

“None of the immediate family members you heard from in this trial … knew the accused to pick or eat wild mushrooms.”

Rogers says Patterson’s two children were unaware of her foraging despite living with her during this period.

“The accused never discussed foraging for mushrooms with her online friends … even though they discussed absolutely everything.”

 
11:12

Prosecution says 'motive is not an element of the crime of murder'​

Dr Rogers again reminded the jury 'motive is not an element of the crime of murder'.
'You don’t have to know why a person does something in order to know they did it,' she said.
Dr Rogers said the question is not why the accused carried out the alleged crime.
'Has the prosecution proved beyond reasonable doubt the accused did this deliberately?' Dr Rogers said.

I hope the judge makes mention of that fact when he briefs the jury prior to them being asked to arrive at a verdict.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
102
Guests online
296
Total visitors
398

Forum statistics

Threads
627,474
Messages
18,545,852
Members
241,305
Latest member
tile98
Back
Top