Cliff notes for a time poor colleague?
LS reviews 2- Motions (April 2022) not online at cases of interest:
The notices of 3 matches of "limited genetic data" from Chicago, Tempe, and Phoenix police departments, matches were for unknown DNA in cases from the jurisdictions above, but NOT to specific suspects in those cases.
Since the preliminary hearing, all of the partial CODIS matches were followed up and investigated further (SM's glove box), and each was excluded from being involved in SM's investigation. Exhibits to the prosecution's motions include the police reports of alleged incidents.
The prosecution provided the police reports of the incidents:
Chicago incident was a false report of a 2004 sex assault and that investigation was closed. Chicago partial was in CODIS, and this sample is ruled out from SM's case (DNA on dashboard of SM's vehicle).
Phoenix - 1998, suspect raped his former gf after she joined the Marines. "You're mine and not going anywhere." Rapekit complete, entered in CODIS. Sample DNA was obtained from the
known suspect by court Order and excluded from partial in SM's vehicle.
Communication by CBI/CCSO and outside PDs around November 2021 and the defense received all info about follow-up on the DNA.
Maryland - from CBI keyboard search, Agent Graham received notification from Maryland possible hit and this too proved n/a for this case. No association with SM's glovebox.
Tempe - this case was dismissed when PD could not contact the suspect, and the sample was also eliminated from SM's case per the same investigation tools above.
Keyboard search = comparative sampling used to search for other DNA profiles that have
similarities. A keyboard search is NOT a match. No arrest can be made from a keyboard search. Keyboard search does result in notifications to agencies -- hence the later by Maryland. A keyboard search is ONLY an investigative tool!
Prosecution seeks to eliminate the
CODIS hits/match from evidence due to samples being irrelevant, excluded, and far more prejudicial than probative.
The term "match" by investigators is NOT the equivalent of a layman's definition. No mention of unidentified suspects is to be presented - the defense seeks to invite speculation to confuse jurors.
Prosecution requested to call witnesses multiple times to present evidence in chronological order -- especially BM's statements. Less confusing to jurors and more efficient.
"Door be opened doctrine." Prosecution put the defense on notice of BM capable of harming SM and/or BM claims of a great marriage will open the door to DV.
Prosecution seeks to exclude improper characterization of SM.
Exclude Witnesses:
Dr. Scott Minor - opines Rx use by victim.
Exclude Joseph Cahill, on the timing of arrest (personal opinion) where the defense trying to use this as "no probable cause."
Exclude self-serving hearsay (blanket admission).
Exclude five defense experts:
Richard Leo, "Social Psychologist and Criminologist" - police errors that lead to non-probative outcomes in witness and suspect questioning. Failure to comply with Case Management Order (CMO dtd 10/28/21). Failure to disclose opinion (at trial testimony).
John Wilson - Forensic Scientist/Criminalistics.
Failure to comply with CMO. Restating evidence by the prosecution is cumulative and irrelevant.
Dr. Philip Danielson - DNA expert. Submitted 6 pg letter regarding his testimony but this expert also failed to include the opinion that will be expressed in Court. Also violates CMO.
Exclude the
technology expert that examined SM's computer. (Sorry, didn't catch the name).
Conclusion: The defense has known since about November 2021 that all partial DNA hits in SM's vehicle were EXCLUDED from this case and there has never been a potential sex offender responsible for SM's disappearance. The latest prosecution motion includes the actual police reports corroborating what the prosecution previously communicated to the defense. IMO, more evidence that Cahill's testimony on the DNA proved to be a splinter that got pushed out of reach.
I'm not sure which I find more unbelievable -- the fact that IE continues to spin this rubbish that SM's vehicle contained non-disclosed DNA from three suspects wanted for sex crimes, or that people actually believe this nonsense.
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