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

[Smelly Squirrel]

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.

I think that's why she did say that, but a simple google search tells you that they are found in South Gippsland. Why didn't Dr Rogers address this?

There were a few things Rodgers could have addressed from EP's testimony. But that would have required rebuttal witnesses, and maybe she didn't want to prolong the very long trial?

 

[Serononin]

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

Remotely wiping your phone while it's in police custody is an absolutely wild move

 

[Deleted member 363451]

Remotely wiping your phone while it's in police custody is an absolutely wild move

A very desperate move...

 

[tmar]

Are people thinking like me, that EP will be found innocent: since the Judge started speaking, I gave up hope, that we will have a guilty verdict?

 

[Deleted member 363451]

Are people thinking like me, that EP will be found innocent: since the Judge started speaking, I gave up hope, that we will have a guilty verdict?

I thought that there was a good chance that she would be before, but since Judge Beale's speech, I'm almost certain of it. If manslaughter is on the table, she might get that.

 

[Moll]

Are people thinking like me, that EP will be found innocent: since the Judge started speaking, I gave up hope, that we will have a guilty verdict?

No, I'm not thinking like that. I still don't think we can tell the way it's going.

 

[Baby baby Jane]

Judges “even handless” seemed procedural and overdone, I hope this was to avoid appeal issues.

Doubtful discussion in jury room will be so measured.

Thinking if jurors agree to “set aside” testimony where EP has lied or contradicted herself or contradicted others …. Then there is not much going for her … imo

 

[Susjay]

Since that phone data regarding the possible Outtrim trip was mentioned by Dr Rogers I was sure that she was going to bring this theory up during Erin's cross, but maybe she decided against it given the phone data was vague.

Theory - Erin attended hospital on the Monday morning and discovered that doctors had already figured out death caps were involved, AND were insistent on Erin being admitted for treatment & blood tests.

Knowing that she wasn't at all sick, Erin panicked, checked herself out of hospital and drove to Outtrim looking for more deathcaps to micro-dose herself.
I can't think of any other reason for her to rush to Outtrim instead of starting treatment. It certainly wasn't to pack a ballet bag or have a nap.

If she had succeeded and found more deathcaps, she would have soon developed real symptoms, perhaps the three deaths of the other lunch guests would have been assumed an innocent accident and we wouldn't be here.


.

If the accused did use dcs intentionally, this was my first thought about what might be possible once I heard the phone data indicated heading south on Bass Highway. Who would be saving a little dc for later? Probably wouldn’t think it necessary. And too risky to keep any dc anyway. I would say the phone ping location is more believable than her heading straight home to “lie down”. If she could locate something to ingest just a little… it was her only opportunity to convince medicos she too had eaten dcs. It was maybe late in the season but she just might get lucky. Or my other idea was that she was doing a runner to get some time to think, or she was heading to the school to get the children

 

[Susjay]

Judges “even handless” seemed procedural and overdone, I hope this was to avoid appeal issues.

Doubtful discussion in jury room will be so measured.

Thinking if jurors agree to “set aside” testimony where EP has lied or contradicted herself or contradicted others …. Then there is not much going for her … imo

Agree, it looks like the evidence weighs in the prosecution’s favour but being in the court as a jury member well, we just don’t know how it’s all playing out. I’m also pretty sure the judge is better versed with what is actually legally and administratively necessary than any of us. The accused will appeal anyway if things don’t go her way. It’s a long road yet. The prosecution might appeal too.

 

[Ssschu]

Are people thinking like me, that EP will be found innocent: since the Judge started speaking, I gave up hope, that we will have a guilty verdict?

Yes! It feels like the judge potentially convinced them not to convict. I've never seen a judge try so hard for the defendant but I don't live in Australia. At first I thought it was to avoid any chance of appeal but this was so far over the top. SMH!!

 

[SouthAussie]

The accused will appeal anyway if things don’t go her way. It’s a long road yet. The prosecution might appeal too.

Though the prosecution cannot appeal a 'not guilty' verdict. They can only appeal a sentence.



An offender may apply to appeal against:

• conviction (guilty verdict)
• sentence.

The DPP may appeal against the sentence if the DPP considers that the sentence is manifestly inadequate.

The DPP cannot appeal against a not-guilty verdict.

The court process - Office of Public Prosecutions

The court process The main steps in a criminal case Home On this page The main steps in a criminal case Police investigation If police refer the case to the OPP Committal stage Trial Plea hearing Sentencing hearing Appeal – Court of Appeal Mental impairment and unfitness cases Drug and Alcohol...

www.opp.vic.gov.au

 

[Kemug]

Judges “even handless” seemed procedural and overdone. I hope this was to avoid appeal issues.

RSBM
And why would he be so evenhanded that there may not even be a guilty verdict to appeal?

 

[Susjay]

Though the prosecution cannot appeal a 'not guilty' verdict. They can only appeal a sentence.



An offender may apply to appeal against:

• conviction (guilty verdict)
• sentence.

The DPP may appeal against the sentence if the DPP considers that the sentence is manifestly inadequate.

The DPP cannot appeal against a not-guilty verdict.

The court process - Office of Public Prosecutions

The court process The main steps in a criminal case Home On this page The main steps in a criminal case Police investigation If police refer the case to the OPP Committal stage Trial Plea hearing Sentencing hearing Appeal – Court of Appeal Mental impairment and unfitness cases Drug and Alcohol...

www.opp.vic.gov.au

Yes thanks!

 

[Yh5r]

The judges explanations seem very drawn out so I tuned out a bit and focused on the main points only.
My thoughts are that he is suggesting the jury considers whether Erin's testimony can be taken as truthful (and not dismiss it on grounds of disliking her), if they consider it not truthful and dismiss it, it doesn't automatically mean she is to be found guilty, they still have to consider the case the prosecution put forward. The case will be decided on the basis on whether the prosecution proved their case. IMO

 

[Megnut]

Remotely wiping your phone while it's in police custody is an absolutely wild move

It's just... silly.

Funny the things she minimizes.

JMO

 

[LinasK]

Yes! It feels like the judge potentially convinced them not to convict. I've never seen a judge try so hard for the defendant but I don't live in Australia. At first I thought it was to avoid any chance of appeal but this was so far over the top. SMH!!

Agreed. Once again, I'm in the US, but I can't understand the need to resummarize the closings. It allows for potential spin on them IMO.

 

[drsleuth]

If I was a juror there a lot of things that I couldn't overlook or would need to really question.......

1. The wiping if her phone multiple times & providing police with phone B
2. Not being concerned about her kids & lying about serving them leftovers with the mushrooms scrapped off
3. Her not getting sick from eating the same meal.
4. Her reluctance to get medical Rx even after being told in no uncertain times that her life was at risk & still leaving the hospital for an extended period of time, discharging against medical advise.
5. No concern for her "loved " & dying relatives ( ie not asking how they were )
6. Ignoring calls from people trying to get information on the lunch ( the health dept )
7. The Asian Grocer
8. Where is phone A?
9. Lied about the dehydrator.
10. Her lies about gastric bypass / liposuction ( while on the stand )
11. Lied about foraging
12. Images of ?death caps on her own scales ( mycologist said they looked like death caps?)
13. The different plates
14. Lied that her phone number ended in 835 during her police interview ( gave them the factory re-set phone B )
15. iNaturalist search's
16 Knew all along she had that tupperware container of foraged mushrooms & that she added it to the meal ( without tasting after she said she added them as the meal was bland )
17. The toilet stop on the side of the road
18. Why she went into the servo toilet for 9 secs only
19. Lying about cancer to lure the lunch guests
20. Her disposition on the stand

I don't think that there is an “reasonable, innocent explanation” as the defense claims to all these points!

 

[jesse]

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 ananyway.

Yes, it makes me very uncomfortable how MUCH influence he has. And he's the last one to talk to the jury, to go over evidence. So much implicit bias can be there. I have to think the jury is tired of listening and just wants to get to it.

 

[MrJ]

How odd. No ABC live blog yet.

 

[drsleuth]

Here are some of today's live links so far

Judge delivers final speech to jury in Erin Patterson mushroom trial

The mother-of-two is on trial, accused of killing her three in-laws with poisonous death cap mushrooms.

7news.com.au

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

Judge continues instructions for jury in Erin Patterson triple-murder trial — as it happened

The judge in Erin Patterson's triple-murder trial is continuing to deliver his final instructions to the jury. Ms Patterson is accused of deliberately poisoning her relatives by serving them a meal containing death cap mushrooms. Follow the proceedings as it happened.

www.abc.net.au