GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 # 6

[Backwoods]

How do you think he would've done it?

No idea, really, but, if it was SM, maybe something like -- saw her come in from Zaxby's, went over to chat or "borrow sugar", slipped something in her drink?

 

[Hyrax]

But, what we're seeing now was just what they gave to get that warrant.
They can bring up more at the commitment hearing, correct?
So, it may just be they didn't want to reveal anymore than they had to to get the initial warrant.

Since there is going to be a commitment hearing, the option is there for the judge to decide the evidence indicates McD is better charged with a different crime.

My only point is that all the talk that McD is going to be prosecuted for a felony murder doesn't actually fit what we have so far. He has been charged with murder, full stop, and if anything, the posture of the case makes it look like the DA is ramping up to make this a malice murder charge after all.

 

[Backwoods]

We've been told that Gidding's dna was on the hacksaw.

Was McDaniel's dna also on the saw?

And...
Where is the crime scene?

Also wondering about other dna on the saw.

 

[Backwoods]

On the topic of SM's dna:

Can somebody tell me how that would work, legally, about obtaining his dna for comparison? Could they get it from his toothbrush or something and have that hold up in court? Or do they have to collect a sample directly from him?

And if they have to obtain a direct sample, when would that be done and by what process?

 

[Indy Anna]

Considering that McD, assuming he truly is the perp, was careful not to leave the hacksaw in his apartment, why would he be so careless as to leave the packaging in his apartment? It would seem logical to dispose of the packaging as soon as he removed the hacksaw. Why would someone who boasted of being able to get away with murder be so sloppy about concealing evidence? Or, did he absently set the box out of sight at a time he was concentrating on disposing of the body, and then forget about it in the midst of trying to conceal evidence in three apartments?

Also, could McD have gotten the master key from a former maintenance employee at Barrister Hall (before the alleged burglaries; not recently), either directly or indirectly? I wonder how many people are on maintenance staff at BH and how many master keys have been issued through the years?

 

[Darcyline]

Is it possible he got flustered when they found the body? If her remains had went in the dump truck that morning would it be possible that we would be discussing her as a missing person case and that his apartment would never be searched? Maybe he made some last minute dumb mistakes when he realized the body had been found. I think someone on here predicted that maybe he had an overly complicated plan of some sort and was interrupted in the middle by friends coming and the torso being found.

 

[SmoothOperator]

I'm only guessing here and haven't googled around to check.. Strictly from the A&E true crime detectives(real cases told rather than csi fiction cases).. I have seen where there was a rape and murder of a woman and they wanted to match DNA but had nothing to charge or force the suspect to give a sample.. So they simply tailed him a day or two and took cigarette butts that they observed him smoke and discard.. The DNA found on the cigarette was a perfect match fir the semen on the murder victim..

Don't know if that in any way helps answer the question but it seems as tho possibly, ATLEAST in the pre charged with the murder phase that they possibly could obtain his DNA from something they got from his apt..

But we'd have to have one of our lawyers say for certain.. Hyrax, you still around??

 

[bessie]

On the topic of SM's dna:

Can somebody tell me how that would work, legally, about obtaining his dna for comparison? Could they get it from his toothbrush or something and have that hold up in court? Or do they have to collect a sample directly from him?

And if they have to obtain a direct sample, when would that be done and by what process?

Requiring suspects to submit DNA samples is a hot topic right now. Many states have either adopted, or are moving to adoption of, laws similar to the Federal law which requires suspects charged with certain crimes to submit DNA samples pursuant to a search warrant. I don't know if Georgia has such a law in place, though. It's a good topic to research.

ETA: A sample is usually obtained from cheek cells by swabbing inside the mouth.

 

[Backwoods]

Requiring suspects to submit DNA samples is a hot topic right now. Many states have either adopted, or are moving to adoption of, laws similar to the Federal law which requires suspects charged with certain crimes to submit DNA samples pursuant to a search warrant. I don't know if Georgia has such a law in place, though. It's a good topic to research.

ETA: A sample is usually obtained from cheek cells by swabbing inside the mouth.

You've touched on the main thing I was wondering about ... whether LE was able to obtain dna (officially) while he was only charged with burglary. I guess, though, that the search warrants would have been pointed more to the murder investigation, presumably, so if Georgia has the kind of law you mention, they perhaps would have been able to obtain it then.

Just wondering if/how much the matter of obtaining his dna may have slowed down some of the evidence testing.

 

[bessie]

This didn't take long to find.

Georgia DNA database legislation called unconstitutional

Wednesday, March 30, 2011

A bill that would have required a DNA sample to be taken from anyone arrested on a felony charge in Georgia was revamped after several lawmakers questioned its constitutionality.

Senate Bill 80, which was changed in a House committee last week to require only that a swab of saliva be taken from all convicted felons, is in the House Judiciary Non-Civil Committee.

Sen. Joshua McKoon, R-Columbus, has argued that Georgia has isolated itself from its surrounding Southeastern states, which require DNA sampling at the point of a felony arrest and have matched some of those arrested to previously unsolved crimes.

http://timesfreepress.com/news/2011/mar/30/georgia-dna-database-legislation-called-unconstitu/?print

http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBgQFjAA&url=http%3A%2F%2Fwww.councilforresponsiblegenetics.org%2FpageDocuments%2FI6W7Q3D7RM.pdf&rct=j&q=does%20georgia%20require%20suspects%20to%20give%20dna%20samples%3F&ei=QJI7TqXhK9-xtwepwqAU&usg=AFQjCNFHQ8V2kAyvDGcqp3jz8yhMksAnGw&cad=rja

 

[Backwoods]

This didn't take long to find.

http://www.google.com/url?sa=t&sour...sg=AFQjCNFHQ8V2kAyvDGcqp3jz8yhMksAnGw&cad=rja

Thanks, Bessie. Definitely kind of a complex issue.

 

[pearl]

I think they would be able to get a search warrant (maybe not called that) for collecting a DNA sample if there is probable cause.

 

[bessie]

I'm only guessing here and haven't googled around to check.. Strictly from the A&E true crime detectives(real cases told rather than csi fiction cases).. I have seen where there was a rape and murder of a woman and they wanted to match DNA but had nothing to charge or force the suspect to give a sample.. So they simply tailed him a day or two and took cigarette butts that they observed him smoke and discard.. The DNA found on the cigarette was a perfect match fir the semen on the murder victim..

Don't know if that in any way helps answer the question but it seems as tho possibly, ATLEAST in the pre charged with the murder phase that they possibly could obtain his DNA from something they got from his apt..

Surreptitious sampling is addressed in the pdf I just posted.

 

[bessie]

Thanks, Bessie. Definitely kind of a complex issue.

Make sure you read the other link. I tried to post it first, but my computer wigged out. lol

 

[bessie]

I think they would be able to get a search warrant (maybe not called that) for collecting a DNA sample if there is probable cause.

If it were a federal crime, yes. Not so for state crimes in Georgia as of March unless something has changed in the meantime. See the article I posted.

 

[SmoothOperator]

Sorry I didn't see this earlier.. Just now having a few minutes to actually sit down and read thru this afternoon/evenings posts.. But in asking was my statement that I made in my post about there being not a full/complete torso.. That it is basically the upper portion of the torso is all that is left..

It definitely has to be put in the rumor category.. For now.. But I will follow that up with the other strong rumors that I've heard from a source.. They have all thus far played out to infact be true..

But for now yes it is only a rumor..

HTH!!

 

[pearl]

I think we have learned more information in the last 2 days than we did the whole month of July. I first learned of this horrible crime around the first week in July on Websleuths when I was reading in another forum about a young girl from my community who was murdered. This crime has not made the news in my area, and I live only 2 hours east on I-16 from Macon. Hopefully, we will learn much more in the next few days. I have to go back to work in 10 days and will not be able to follow the case as much as I do now. Time to call it a night, rather morning. Keep sleuthing.

 

[SouthernKate]

That's awful because it indicates a struggle.

That's exactly what I was thinking. Even if they aren't serious scratch marks...for example, if he surprised her while sleeping. I think they definitely at least disprove what her family was told - "that she probably didn't know what hit her."

I just truly hope that she did not suffer greatly. I fear that as more is revealed, the reality of what happened is going to be very gruesome. I can't really word what I want to say in a way that doesn't sicken me - I just hope that if she was raped, or whatever else, that she was unconscious and not aware of the horror taking place. Ugh...can't even think of worse, it gives me chills.

I think that by August 17th (commitment hearing), we will definitely know alot more.

And if he has scratches from Lauren..well, that DNA match, if they could get one, would shut the case.

 

[JeannieC]

I'm only guessing here and haven't googled around to check.. Strictly from the A&E true crime detectives(real cases told rather than csi fiction cases).. I have seen where there was a rape and murder of a woman and they wanted to match DNA but had nothing to charge or force the suspect to give a sample.. So they simply tailed him a day or two and took cigarette butts that they observed him smoke and discard.. The DNA found on the cigarette was a perfect match fir the semen on the murder victim..

Don't know if that in any way helps answer the question but it seems as tho possibly, ATLEAST in the pre charged with the murder phase that they possibly could obtain his DNA from something they got from his apt..

But we'd have to have one of our lawyers say for certain.. Hyrax, you still around??

They could have gotten DNA from a cup or drink can when they interrogated him too.

 

[Darcyline]

If he did have scratches would they be able to tell anything from them? Like, I am assuming they didn't examine them immediately when he was just a thief so wouldn't they be gone by now?