VERDICT WATCH Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #16 *Arrest*

[drsleuth]

I don't think they will start deliberating on Friday even if the Judge's charge finishes sometime on Friday morning.

If they were to start deliberating on Friday, the jury would be sequestered in a hotel for that weekend whereas if they start on Monday they would not need to be sequestered until Monday night.

I agree. I assume they don't deliberate on weekends?

 

[LinasK]

That’s interesting. He wasn’t actually qualified at the time. Digital evidence shouldn’t be reliant on one person to verify, I’d expect peer review in a case like this.

Both Fox-Henry and Dr Sorrell could have solved the case with their evidence but both were lacking an absolute certainty. Iam hoping Dr Sorrell is more confident with the Samantha Murphy/Patrick Stephenson’s case. Technology is great but it’s not absolute yet.

There is too much uncertainty around the pings and realistically whether she was in those towns or just connected to a different tower at her home. I feel for both witnesses, there are limitations in their field at present.

So if you were to throw out this digital evidence placing her in those towns, then how do you explain the Death Caps ending up in the meal that she served because no Asian grocer sells Death Cap mushrooms?

 

[LinasK]

15:37

Expert had 'high confidence' Patterson had images of foraged death caps, jury told​

Justice Beale took the jury through more photos they had already seen during the trial.
Some of those photos, taken from the unrecovered Phone A, appeared to be death caps, Dr May said during the trial.
Justice Beale said it was evidence the jury could all take into account.
'So taken between the 28th of April and the fourth of May, images… on the scales with what appears to be wild mushrooms,' Justice Beale said.
Justice Beale said the prosecution argued these mushrooms were 'clearly foraged' and he reminded the jury Patterson, in her evidence, 'acknowledged that they weren't looking good'.
Justice Beale said 'it had been argued' another image of button mushrooms on a dehydrator tray had been a 'test'.
The jury heard Dr May said the mushrooms in the images the prosecution claimed were foraged are 'consistent with Amanita Phalloides (death caps) with a high degree of confidence'.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

This evidence right there argues against "accidental" picking to me. She knew exactly which mushrooms to avoid/look for.

 

[BreakingNews]

Thanks to those posting Court updates.

 

[Scooby-Doo]

Erin Patterson trial: Judge tells jury they must ‘scrupulously guard’ against sympathy for Patterson and Wilkinson families​

The judge overseeing Erin Patterson’s triple-murder trial has highlighted 15 alleged actions prosecutors claim are “implied admissions of guilt”.

urors in the murder trial of mushroom cook Erin Patterson have been taken to 15 alleged acts of incriminating conduct the prosecution claim point to her guilt.
Trial judge Justice Christopher Beale continued to deliver his summary of the evidence on Wednesday in the ninth week of Ms Patterson’s triple-murder trial.

Jurors returned to the courtroom on Wednesday afternoon as Justice Beale apologised for the morning’s delay before continuing his charge.

“Afternoon, ladies and gentlemen,” he said.

“I apologise for the inconvenience but there were matters we needed to discuss in depth.”

Justice Beale turned to the topic of alleged incriminating conduct, which he explained as acts the prosecution argues are “implied admissions of guilt”.


Erin Patterson has pleaded not guilty and maintains she did not intend to harm anyone. Picture: Supplied.
He said the prosecution argues the only reasonably explanation for the conduct is that Ms Patterson knew she was guilty, while the defence argues there are other reasonable explanations for the conduct.

The allegedly incriminating conduct includes:

1) She lied about being unwell and faked death cap mushroom poisoning;

2) She lied that she used dried mushrooms from an Asian grocery;

3) She refused treatment on her first presentation at Leongatha Hospital and discharged herself against medical advice;

4) She was reluctant to accept treatment for herself on her second presentation at Leongatha Hospital;

5) She was reluctant to obtain medical treatment for her children on July 31;

6) She lied that she had fed her children the leftover beef wellingtons with the mushrooms and pastry scrapped off;

7) She reset Phone B multiple times commencing on August 2;

8) She disposed of the dehydrator at the local tip;

9) On August 5 she provided police Phone B instead of her usual mobile phone which has never been recovered;

10) She lied to police during her record of interview on August 5 that the SIM in Phone B was her usual service;

11) She lied in her record of interview that she’d never foraged for mushrooms;

12) She lied in her record of interview about never using a dehydrator or dehydrating things;

14) She lied in her record of interview about owning a dehydrator;

15) She lied in her record of interview by saying she may have owed a dehydrator years ago.

Erin Patterson’s defence team Sophie Stafford and Colin Mandy SC arrives at the Latrobe Valley Court in Morwell. Picture: NewsWire / Diego Fedele
Ms Patterson, 50, is facing trial after pleading not guilty to murdering three members of her husband’s family; his parents, Don and Gail Patterson, and Gail’s sister, Heather Wilkinson.

Heather’s husband, Ian Wilkinson, survived the lunch and Ms Patterson has pleaded not guilty to a charge of attempted murder relating to his illness.

Prosecutors allege she deliberately secreted death cap mushrooms in a beef wellington lunch she hosted on July 29, 2023, with the four as guests.

Her defence, led by Colin Mandy SC, has argued the case is an accidental poisoning and his client did not intend to harm anyone.

Shamen Fox-Henry gave evidence at the trial last month. Picture: NewsWire / David Geraghty
Judge explains arguments on digital evidence

Justice Beale moved on to the opinions on digital evidence offered by Victoria Police senior digital forensic officer Shaman Fox-Henry as an expert witness.

First he raises the digital records located on a Cooler Master computer seized by police the judge explains Mr Fox-Henry said showed a user navigate to the iNaturalist website on May 28, 2022, visit the world map for death cap sightings, narrow down to Victoria and view a sighting at Bricker Reserve in Moorabbin.

Justice Beale said the prosecution argues the jury can reasonably infer this was Ms Patterson and that she was aware of, and knew how to use iNaturalist to look up death cap sightings.

Crown Prosecutor Nanette Rogers SC (right) and prosecutor Jane Warren. Picture: NewsWire/Ian Currie
He reinforces there was no evidence in this case Ms Patterson accessed the two iNaturalist posts prosecutors allege she used to source death cap mushrooms.

Justice Beale says Ms Patterson’s defence say there was “little doubt” this was her, but argued this was a brief interaction and she visited to find out whether death caps grew in South Gippsland.

Second Justice Beale moves on to images located in the cache app data of Google Photos on a Samsung tablet which include mushrooms on a dehydrator tray.

One of these, mushroom expert Dr Tom May gave evidence were “consistent” with death caps, Justice Beale said.

The judge said prosecutors argue the jury can use the knowledge she purchased the dehydrator on April 28 and the last modified date of May 4 to infer these were death caps collected on April 28 at Loch.

He said Ms Patterson’s defence had argued its not possible to determine exactly when the photos were taken.

The third piece of evidence from Mr Fox-Henry the judge raised, was evidence that the phone Ms Patterson handed to police had been factory reset multiple times.

He explains that Mr Fox-Henry said it was reset on August 2, August 5 and wiped remotely on August 6.

Justice Beale said the prosecution had argued the jury could infer the August 5 reset occured while police was searching Ms Patterson’s home and the August 6 reset occured while the phone was in police custody.

He told jurors he would raise the arguments from parties about this later in his charge.

Jury taken to Ms Patterson’s evidence on computer searches

Justice Beale raised the evidence given by Victoria Police senior digital forensic officer Shaman Fox-Henry about computer records recovered from a Cooler Master computer located in Ms Patterson’s home.

He then turned to Ms Patterson’s evidence from the witness box about the searches.

Justice Beale said the accused woman had agreed Mr Fox-Henry gave evidence the Cooler Master accessed the iNaturalist website in May 2022, and navigated to a map of death cap sightings.

The judge said Ms Patterson had agreed someone looked up the map, that it was “possibly” her, but she did not remember.

“I don’t remember this internet search, it was possibly me, I remember wanting to find out at one point if death cap mushrooms grew in South Gippsland and finding out they did not,” he quoted her as saying.

Justice Beale said Ms Patterson gave evidence she didn’t recall ever using iNaturalist and did not have an “interest” in death caps other than checking if they grew in her area.

A court sketch of Erin Patterson in the witness box. Picture: NewsWire / Anita Lester
During his charge on Tuesday, Justice Beale explained to jurors they must “scrupulously guard” against feelings of sympathy for the Patterson and Wilkinson families.

“The issue is not whether she is in some sense responsible for the tragic consequences of the lunch, but whether the prosecution has proved beyond a reasonable doubt that she is criminally responsible for those consequences,” he said.

Justice Beale said the “mere fact” Ms Patterson prepared the lunch should not influence their decisions, but added he was “not asking you to be inhuman”

“None of us are robots,” he said.

“Any decent person would feel great sympathy for the Patterson and Wilkinson families, given what has befallen them, but you must scrupulously guard against that sympathy interfering with the performance of your duty.”

Lunch survivor Ian Wilkinson and family were present in court. Picture: NewsWire / Diego Fedele
Noting the “unprecedented” media coverage of the trial, Justice Beale said jurors must disregard outside information and decide the case solely on the evidence.

“You and you alone are best placed to decide whether the prosecution has proven their case beyond reasonable doubt. No one else,” he said.

Justice Beale told the jury it was for them alone to decide whether Ms Patterson is guilty or not guilty.

Providing an update on the progress of his charge, Justice Beale joked there was “no need to bring your toothbrush” on Wednesday.

The trial continues.
https://www.escape.com.au/web-stori...n-this-is-what-youre-missing-2?obOrigUrl=true
https://www.taste.com.au/galleries/...-see-you-through-week/xb0bnr3s?obOrigUrl=true

https://www.news.com.au/national/victoria/courts-law/erin-patterson-trial-judge-tells-jury-they-must-scrupulously-guard-against-sympathy-for-patterson-and-wilkinson-families/news-story/b7a111a2d517b33aea98460502fe2ac9

 

[katydid23]

Just now
Erin Patterson's evidence on the searches
Mikaela Ortolan profile image
By Mikaela Ortolan

In her evidence, Ms Patterson said she couldn't remember various searches on her devices but it was possible she was responsible for them, Justice Beale reminds the jury.

"She said she wasn't disagreeing with the cross-examiner but she couldn't remember," the judge says.

He reminds the jury that Ms Patterson also said she "had no idea that she had an interest in death cap mushrooms"; her only interest was to find out if they grew in South Gippsland.

Her reaction to this ^^^ testimony is kind of odd. { "I don't disagree/just don't remember any of it"]

Since she is trying to convince the court that she had an active hobby of foraging, why not agree that she was asking about 'death caps' but as a way to avoid them?

That would be a more believable and even beneficial response, imo.

But she says she 'only' wants to know if they were found in So Gippsland, but "she found out they were not." WTH? Where did she read that?

So did she say that so she could have an excuse for picking wild mushrooms that were actually death caps? It's NOT her fault because the interwebz said there weren't any in Gippsland.

She agreed that someone visited the Korumburra Middle Pub website, but said she couldn't remember if it was her and wasn't suggesting it was her children either.

This^^^ does not seem believable. She does not know who else could have logged into her computer and looked up mushrooms and then ordered dinner for her family--but she does not remember if it was her?

Wouldn't she remember if a local pub sent chicken and fries and 3 lettuce wraps to her family home and she never ordered it?

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

 

[Susjay]

I like that the judge pointed out that the defence challenged Mr Fox-Henry’s qualifications but didn’t challenge the actual evidence he gave.

Did say that FH was working with direction from other officers though. And yes, defence didn’t challenge evidence but inferences from evidence.

 

[katydid23]

15:08

Judge: Investigators should have 'isolated' Phone B​

The jury is being taken through the phone data contained within the Samsung A23 Patterson (legal team pictured) handed to police after they searched her home on August 5.
The device, known throughout the trial as 'Phone B', was factory reset multiple times including while the device was in a secure storage locker at Homicide Squad HQ in the city.
Justice Beale reminded the jury how phones were factory reset multiple times over different days following the lunch.
He said Phone B factory reset remotely while it was in the police locker.
'After the phone had been taken into police custody, investigators can and should isolate the device from the network,' Justice Beale said.
This can be done by putting the phone on airplane mode, the jury was told.
'Isolating the phone is critical to ensure data remains in its original state,' Justice Beale added.

Erin Patterson mushroom murder trial LIVE updates

Follow Daily Mail Australia's live coverage of accused mushroom chef Erin Patterson's murder trial here.

www.dailymail.co.uk

So the judge is criticising the police for not preventing her from remotely erasing the evidence?

Any criticism for her for doing so?

8 minutes ago

Defence didn't challenge expert evidence, merely the inferences put forward
Justice Beale told the jury Mr Fox-Henry’s evidence bears upon several issues in the trial, including whether Erin:
* Sought information on iNaturalist about death caps in May 2022;
* Accessed an iNaturalist post in April 2023 about death caps in Loch;
* Sourced death caps from Loch;
* Accessed an iNaturalist post in May 2023 about death caps in Outtrim;
* Sourced death caps in Outtrim; and
* Accidentally or deliberately included death caps in the lunch.
But he reminded the jury that there was no computer evidence of Erin accessing these iNaturalist posts.
Justice Beale said it was up to the jurors to either “accept or reject” expert evidence, saying they did not need to accept it more than they would other evidence simply because it was provided by an expert.
“The defence did not challenge the evidence of Dr Sorell and Mr Fox-Henry rather the defence challenged the inferences … put forward,” he said.

https://www.heraldsun.com.au/truecrimeaustralia/the-mushroom-cook/judges-final-instructions-to-jury-before-they-determine-mushroom-cooks-fate/live-coverage/01b6bb3bbaff1cee5d23d7d853eb2432#/entry/32407341

But didn't Erin ADMIT and CONCEDE that she accessed the iNaturalist website?

And the judge is saying the jury doesn't have to accept the digital experts testimony that she did?

She said she did.

 

[katydid23]

It feels to me that this judge's instructions and directions are excessive.

Or do all judges in Victoria do this extensively detailed summaries, including opening and closing statements?

I found it interesting because Judge B said so many times to the jury----YOU are the finder of facts, it is up to YOU to decide----but then he kind of seems to be putting a bit of his own spin on some of the info.

IMO anyway.

 

[Deleted member 363451]

1m ago

Turning now to alleged incriminating conduct​

By Jesse Thompson​

Justice Beale then briefly lists the alleged actions that the prosecution argues are “incriminating conduct”.

The prosecution alleges Erin Patterson:

• Lied about being unwell and faked death cap mushroom poisoning
• Lied that she used dried mushrooms from an Asian grocery in the beef Wellingtons
• Refused treatment on her first presentation at the Leongatha hospital and left the hospital against medical advice
• Was reluctant to obtain medical treatment for her children on July 31, 2023
• Lied that she had fed her children the leftover beef Wellingtons on the Sunday night with the mushroom paste and pastry scraped off
• Reset “Phone B” multiple times from August 2, 2023
• Disposed of a dehydrator at the local tip on the same day
• Provided police with “Phone B” rather than her usual phone during a police search of her home on August 5, 2023
• Later, lied to police about her usual mobile phone number
• Lied that she’d never foraged mushrooms or dehydrated food

Judge in Erin Patterson trial continues final instructions to jury

Justice Christopher Beale's directions to the jury in Ms Patterson's triple-murder trial enter their second day at the Latrobe Valley Law Courts in the regional Victorian town of Morwell.

www.abc.net.au

It feels to me that this judge's instructions and directions are excessive.

Or do all judges in Victoria do this extensively detailed summaries, including opening and closing statements?

I found it interesting because Judge B said so many times to the jury----YOU are the finder of facts, it is up to YOU to decide----but then he kind of seems to be putting a bit of his own spin on some of the info.

IMO anyway.

He is putting his spin on it IMO.

 

[Tweet57]

It feels to me that this judge's instructions and directions are excessive.

Or do all judges in Victoria do this extensively detailed summaries, including opening and closing statements?

I found it interesting because Judge B said so many times to the jury----YOU are the finder of facts, it is up to YOU to decide----but then he kind of seems to be putting a bit of his own spin on some of the info.

IMO anyway.

You have a politer way of putting it, than I would’ve! Feeling frustrated. This process must be agonising for Simon’s family.

 

[Salah11]

You have a politer way of putting it, than I would’ve! Feeling frustrated. This process must be agonising for Simon’s family.

Yes for the victims of this tragedy I can not imagine the pain and suffering. Especially Simon who has also had so many health problems on top of all this stress and he also has two young children to worry about.

 

[Moll]

It feels to me that this judge's instructions and directions are excessive.

Or do all judges in Victoria do this extensively detailed summaries, including opening and closing statements?

I found it interesting because Judge B said so many times to the jury----YOU are the finder of facts, it is up to YOU to decide----but then he kind of seems to be putting a bit of his own spin on some of the info.

IMO anyway.

I think this is very much the same procedure as in the courts of England and Wales.

Summing up the evidence as well as giving legal directions is the rule

Crown Court Trial - Judge's Summing-Up — Defence-Barrister.co.uk

Understand the judge's summing-up in Crown Court trials, including legal directions and evidence summaries. Visit Defence-Barrister.co.uk for detailed insights.

www.defence-barrister.co.uk

but there's a fair amount of discussion online about whether it's desirable, e.g.

Summing up – a precis or chance to show bias?

Summing up – a precis or a chance to show flair, bias and artistic temperament News that research by the Ministry of Justice has shown that juries often fail to understand the judge’s legal d…

barristerblogger.com

I think commenting on this judge is a delicate area though (scandalising the court?) and do believe reports may be slightly misleading. The headline 'Erin Patterson trial: judge tells jury they must 'scrupulously guard against sympathy for Patterson and Wilkinson families' was quite shocking, but in the text of the article it says '“Any decent person would feel great sympathy for the Patterson and Wilkinson families, given what has befallen them, but you must scrupulously guard against that sympathy interfering with the performance of your duty.” Which is a different matter.
https://www.news.com.au/national/vi...s/news-story/b7a111a2d517b33aea98460502fe2ac9
'

​

 

[Eloise]

If you want some light bedtime reading, read through the Jury Directions Act 2015 (Vic), you can see some reasons for why the judge is giving some of the directions he is. Some of these directions may be coming from the prosecution or defence.

 

[Moll]

If you want some light bedtime reading, read through the Jury Directions Act 2015 (Vic), you can see some reasons for why the judge is giving some of the directions he is. Some of these directions may be coming from the prosecution or defence.

Very useful, thanks. This is a reminder that judges aren't just free to talk at will!
I fear I won't be taking them to bed though...

 

[Kemug]

The jury heard Patterson had been reluctant to be treated despite displaying some gastro-type symptoms
'Patterson was warned doctors were concerned for her welfare and urged her to stay,' Justice Beale said.
'She was told her life was at risk, but she still declined to be treated, saying she needed to go home and organise her pets and kids…'

RSBM
Lambs and kids? So was she separating the sheep from the goats?

 

[Two SCents]

DBM

 

[Observe_dont_Absorb]

If EP is not convicted for intentional murder,
will she be put on trial for manslaughter or whatever the equivalent in Australia is?

I can imagine there would be one juror who thinks there's room for doubt.

JMO MOO

 

[Serononin]

The judge is trying to be impartial so the jury will base their judgement on the facts and not because he's leading them in one direction over another.

I guess he's also gotta be careful not to give the defense anything they can use to appeal if she's convicted

 

[potr]

I have just been listening to "Nights with Ping"'s notes from Tuesday here:

He only read out select snippets but I urge you to listen, because Ping is quoting verbatim what Justice Beale says - and comparing that to the more summary nature of the msm reports - there are subtleties that I think are very important.
It actually "tempers" the apparent meaning - and comes across as extremely even handed and not as hard and fast. He even says that he will be giving specific instructions as to how to treat apparent lies and deceptions (my paraphrase)