GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #3

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  • #1,061
All the legal terms in the world does not change a jury's interpretation of information. Pua, do not be so naïve that what your saying above will be exactly what a jury thinks.
I'm a huge supporter and that hair found deep in a pocket after it was professionally looked over for DNA is sketchy, no matter how nicely you word it.
I'm expressing my opinion because I COULD be a juror...
Yep, this doesn't sit well with me, either, HGO. Although Pua's explanation gave me some hope, I feel anxious about how this evidence will be received by the public who constitute the jury pool.
I need to go back and reread to understand Who first looked at the pants and what exactly were they looking for......only blood DNA? I have a difficult time understanding how "they" could have overlooked a hair in the pocket. Some forensic work can be very hurried and sloppy, though. Let's just hope that's the case here.
 
  • #1,062
Well, thanks to Pua's timeline of DNA testing I reread this article:
http://webcache.googleusercontent.c...r-trial.html?nav=10+&cd=1&hl=en&ct=clnk&gl=us
I don't see where the in the article the specific pants were addressed, but it was Honolulu that did the initial testing (of blood, I believe). Rivera felt the testing was incomplete and requested a continuance for further testing. This was back in January.o

From that article: "The testing was done by the Scientific Investigation Section of the Honolulu Police Department, which advised that having other types of DNA testing done could provide a readable profile, Rivera said."

I'm not feeling so worried now.
 
  • #1,063
Agreed the hair holds hope. That's my point. It will have to be explained to a jury very, very, well so that this random miraculous hair isn't misinterpreted as shady. The regular person, like myself, will wonder how DNA testing missed this hair the first time. Add that in with the circumstances around the jeans and this could be more hurtful.
I'll have to hear more about this as this was just my knee jerk reaction.
 
  • #1,064
Agreed the hair holds hope. That's my point. It will have to be explained to a jury very, very, well so that this random miraculous hair isn't misinterpreted as shady. The regular person, like myself, will wonder how DNA testing missed this hair the first time. Add that in with the circumstances around the jeans and this could be more hurtful.
I'll have to hear more about this as this was just my knee jerk reaction.

Got ya. I wonder why the clothing was sent to the HPD? I don't imagine the Honolulu police department has state of the art equipment or techniques. And it sounds to me like the HPD's scientific unit suggested going somewhere else for more thorough testing.
A main question I have is did they only test the blood on the clothes or were they looking for more/other evidence? The article only mentioned blood testing ((I believe).
It's a sticky wicket, I agree.
 
  • #1,065
Well I'm here at the courthouse. Way too early, but better safe than sorry right? I'm the only one here so far along with a handful of prospective jurors. And they could be jurors for any of the ongoing trials so no point in me trying to size people up lol. image.jpg
 
  • #1,066
Loio, what is your take on the jeans and hair?
Any updates in general are appreciated!
 
  • #1,067
Defendant's family (party of three) just arrived, in good spirits, commenting on how he lost 4 lbs with the haircut. :laugh:
 
  • #1,068
Loio, what is your take on the jeans and hair?
Any updates in general are appreciated!

I'm like hold up, you found A HAIR in the pocket AFTER the other forensics team already examined the pants? Seems like they would have turned out the pockets and used tape to get the lint and debris the first time. But that's me. I'm glad it was found.
 
  • #1,069
Well I'm here at the courthouse. Way too early, but better safe than sorry right? I'm the only one here so far along with a handful of prospective jurors. And they could be jurors for any of the ongoing trials so no point in me trying to size people up lol. View attachment 95120

I'm so glad you're there, Loio.
Are you able to sit in on jury selection?
 
  • #1,070
I'm like hold up, you found A HAIR in the pocket AFTER the other forensics team already examined the pants? Seems like they would have turned out the pockets and used tape to get the lint and debris the first time. But that's me. I'm glad it was found.

One would think, but we don't know what HPD tested for.
 
  • #1,071
I'm so glad you're there, Loio.
Are you able to sit in on jury selection?

Legally, yes. I was in there and they said they needed to discuss a few matters privately so I stepped out. The defendant was not present in the courtroom but the media was (one lady). I'm going to run to the car and get some gum and reload the meter.
 
  • #1,072
Love the live reporting, Loio! :)
 
  • #1,073
Jurors just went in for processing. No spectators allowed in the courtroom until processing is complete. This could be a while. I get to watch who gets booted though so that'll be entertaining.
 
  • #1,074
I totally get the concern about a later discovered hair.

The reason they start with the in-state lab would appear to be cost. Each outside testing has to be an approved expense as it is paid out of taxpayer money. The blood sample was too degraded for standard DNA testing, but they had to try that first. It turns out that it was too degraded for the advanced testing as well.

I don't think we have enough information yet to know why they didn't find the hair. Procedures in Hawaii across the board are often less thorough than on the mainland, so no amount of slop really surprises me at this point.

I do think that the defense will or would file a motion to suppress the DNA of the hair if they see any way to cast suspicion on its being found after it returned to them from the lab. If they do not try to suppress it, then the defense must accept its validity as far as how it was collected.

so far, they are objecting to it on the basis of late receipt of the lab testing only. Now is their chance to argue that the hair may have been planted, so let's see if they go that way when the hearing occurs.
 
  • #1,075
To keep this trial on track, I won't comment on the jurors. My goodness, last thing we need is another delay due to me.
 
  • #1,076
Good thinking. :)
i can't imagine who hasn't been exposed to this case, so this should be interesting finding an unbiased jury.
 
  • #1,077
Good thinking. :)
i can't imagine who hasn't been exposed to this case, so this should be interesting finding an unbiased jury.

There is a general sense of mild annoyance among this pool of jurors. I can see some not knowing any details of the case or even caring. This juror pool is made up of residents from all of Maui County. All three islands.
 
  • #1,078
2/3 of the prospective jurors are sitting in the hall with me and SC's family. One by one every 3-5 minutes a juror will leave the processing room with a sly grin on their face.
 
  • #1,079
SC present in court in a dark suit.
 
  • #1,080
2/3 of the prospective jurors are sitting in the hall with me and SC's family. One by one every 3-5 minutes a juror will leave the processing room with a sly grin on their face.

Sly grin that that were excused?
 
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