Australia - Warriena Wright, 26, dies in balcony fall, Surfers Paradise, Aug 2014 #10

[Karinna]

A guilty verdict today would be a great birthday surprise. That or if 'legally' found 'Not Guilty' there is a trip on the concrete footpath on the way out.

:bdsong: Happy Birthday Bohemian

 

[BasTyra]

Okay so this is the last 6 minutes with Tostee's comments removed entirely.
(I may have missed some of Warriena's "No" screams)

W: "I need to poo". Breathing heavily.
Small grunt and more breathing
DISREGARDING GT SPEAKING
W: "What the ****" (quiet mumble)
More breathing/huffing
DISREGARDING GT SPEAKING
W: "Sexist." Struggles to get the word out. Gagged or speech impeded in some physical way
More heavy breathing. Movement noises.
W: Seriously -something else I can't understand-
Not much noise for a moment.
DISREGARDING GT SPEAKING
W: "Yes" "Yes" (very very faint, almost sounds like she could be crying softly)
Movement noises.
W: "Im sorry, im so sorry".
Very loud movement/struggling/tussle noises.
DISREGARDING GT SPEAKING
W: Gurgling. Snorting. Breathing heavily. Snorting. Choking. Struggling to breath. Heavy snorting/wheezing noises that quiet down after a while.
DISREGARDING GT SPEAKING
Small movement noise and thud of something hitting carpet.
Lots of movement. Warriena is very quiet during this moment.
Balcony doors open. Lots of movement/struggling/noise of one or two objects falling on balcony floor
W: "No". "****!" "**** no". "**** no!!"
DISREGARDING GT SPEAKING
W: "NO! NO! No! No! No! No! No! No! No! No! NOOOO! NOOOOOO! NOOOO! NOO! NOO! NOOO! NOOOOO! NOOOOO! NOOOOOO! NO! NO! NOOO!
Struggling noises. Movement while screaming.
NO! NOOO! NOOO! NO!
*glass knocked over on balcony*
NO! NO! NO!
Lots of movement/struggling/tussling.
DISREGARDING GT SPEAKING HERE.
W: NO!! JUST LET ME GO HOME! JUST LET ME GO HOME! JUST LET ME GO HOME!!
DISREGARDING GT SPEAKING HERE.
Those last screams from Warriena get louder and there is more scuffling noise as though she is now closer to the audio device on GT's person. They are clearly struggling ON the balcony this entire time. She's likely trying to get through him to the balcony doors and out of his apartment.
DISREGARDING GT SPEAKING.
Doors shut. Click of Lock
W: "Just let me go home". "Just let me go home". Fainter as doors are now shut.
Movement from GT who is now inside.
W: "Let me go home".
More movement from GT.
GT breathing very heavily.

I just want to edit this to add that the first time I typed in "disregarding gt speaking" was when he said "you're lucky I haven't chucked you off my balcony you psycho little *****". Interesting that she mumbles "What the ****?" through whatever is impeding her speech. I wish we could really analyse the background noises. I would wager she says "what the ****" quite a lot because I get the impression he's acting very strangely at this point. Overreacting even.

Also there are no pebble noises in the last 6 minutes apart from what could be pebbles being dropped or kicked onto the balcony as he opens the doors and struggles to take her out there. The only evidence of her trying to hit him is removed when you remove his voice. All we have of her supposed attempt to hit him is the thud of something falling to the floor. Which could have been something dropped by HIM once you remove the speaking.

 

[TootsieFootsie]

Thanks Makara

I have been getting a bid fed up and stir crazy.
Being here has helped a lot, even just reading the posts and giving a thanks now and then. You are all so inspiring !

 

[Morrisa]

Damien HansenVerified account ‏@DamienHansen7 [video=twitter;788947563026141189]https://twitter.com/DamienHansen7/status/788947563026141189[/video]
Looks like at least one Brisbane radio station is getting very different legal advice to the rest of us. Dear me #tostee

 

[TootsieFootsie]

Thanks Karinna

Hope you feel better soon.

 

[Trooper]

In police parlance, Tostee has many felony knowns.... Warriena none.

SO that settles that. Tostee is a known offender, Warriena is not a known offender, in NZ or Australia.

end of story.

 

[TheOtherChristina]

Does anyone know if any of the alternate jurors have been called yet?

 

[Illyria]

Damien HansenVerified account ‏@DamienHansen7 [video=twitter;788947563026141189]https://twitter.com/DamienHansen7/status/788947563026141189[/video]
Looks like at least one Brisbane radio station is getting very different legal advice to the rest of us. Dear me #tostee

I saw this tweet - what does he mean by that? Is he talking about the reporting of the Instagram thing, or the guy that's said he heard the verdict was going to be not guilty once they got back from lunch?

 

[Makara]

Does anyone know if any of the alternate jurors have been called yet?

Nothing has been reported on MSM or SM as yet.

 

[TootsieFootsie]

Thanks Bohemian

Poor Toots :kiss:

 

[Fluffykins]

Where's JCB when we need him? I'd love to hear what he has to say about all of this.

 

[Myserty64]

I wonder why the jury hasn't come up with 'not guilty' like the judge seemed to want.

Lots of law in Australia. Justice? Well, that's another matter entirely.

 

[Trooper]

Where's JCB when we need him? I'd love to hear what he has to say about all of this.

:groucho:

 

[Champaign]

I have a horrible feeling they are going to call mistrial

 

[BasTyra]

I wonder why the jury hasn't come up with 'not guilty' like the judge seemed to want.

Lots of law in Australia. Justice? Well, that's another matter entirely.

When you analyse the last 6 minutes of audio and remove anything Tostee said there is no evidence of Warriena either throwing pebbles at him OR trying to hit him with something. None at all.
All you are left with is a thud of something hitting the floor after she's heard choking, gurgling, snorting heavily. But the object hitting the floor could be anything, dropped by anyone once the vocal audio is removed.

Maybe the judge wants them to only listen to sound effects for another reason...

 

[Ausgirl]

Where's JCB when we need him? I'd love to hear what he has to say about all of this.

I was just thinking the same.

 

[Trooper]

there are plenty of pretend lawyers around, no reason why some dull spark didn't think it was amusing to be a pretend juror.. it stems from the same desire, and the hope for effect is the same...

 

[BasTyra]

I really hope the juror's went back over the audio after the judge said to disregard anything GT said.

 

[Cleaver Greene]

In case anyone is interested, here is a legal article about jurors accessing social media during trials. In my opinion, the overarching principle is that jurors shouldn't read, say or do anything that could affect their ability to bring an impartial mind to assess the evidence before the court. If there is any risk of those two things (impartiality and evidence before the court) then the offending juror should be discharged. The Judges directions would be relevant. If he told them she's should not access the Internet during the trial, then any internet access at all would be viewed with suspicion. If, however, his directions were to avoid discussing the case, and the juror has just posted a photo irrelevant to the case, on Social media, then there is a chance that the juror hasn't breached the two tenets. This would involve very significant questioning of the juror about what else they said, saw, did etc.

If a juror just went online to do some banking, then a judge could probably accept an assurance that nothing was seen or done to taint the juror. But given the nature of social media today, i think a judge would be sceptical about a juror claiming they saw nothing about the trial while on Instagram.

 

[TootsieFootsie]

I wish Alioop was here.