GUILTY MA - Colleen Ritzer, 24, brutally murdered, Danvers, 22 Oct 2013 #2

[jacct]

allison manningVerified account ‏@allymanning 26s27 seconds ago
Next is Brian Peck, general manager of BJ's Wholesale Club in Danvers.

Jill Harmacinski ‏@EagleTribJill 55s56 seconds ago
Peck talking about BJs location off Endicott Street #PhilipChism he explains how BJs membership works

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Peck has seen surveillance footage from 10/22/13

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
#PhilipChism has been extremely still all morning, his eyes downcast toward defense table.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Video shows #PhilipChism walking slowly into BJs

Laurel J. SweetVerified account ‏@Laurel_Sweet 1m1 minute ago
Surveillance video from BJ's shows #PhilipChism walking in on 10-22-2013 sans blue hoodie he wore in movie theater.

allison manningVerified account ‏@allymanning 1m1 minute ago
#PhilipChism in video spends a few minutes fumbling with something in the "seasonal" section. (he was later found with a scuba knife).

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Video shot of exit shows #PhilipChism leaving store through entrance at 535 pm

allison manningVerified account ‏@allymanning 40s41 seconds ago
Showing Peck the belted scuba knife again. Peck said they were stocked in the seasonal section where #PhilipChism was shown.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
No defense questions for Peck

Jill Harmacinski ‏@EagleTribJill 45s46 seconds ago
Next witness if female minor

 

[Elainera]

They're discussing points of law pertaining to the case, as to if something can be brought up before the jury.

Thank you!

 

[jacct]

Victoria WarrenVerified account ‏@vwarrenon7 53s54 seconds ago
Next up: teen Danielle Bedard. Danvers High Senior.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Girl is dressed in hoodie and jeans. Didn't realize she had to testify today. Doesn't know #PhilipChism she says

Laurel J. SweetVerified account ‏@Laurel_Sweet 53s54 seconds ago
Bedard, 17, is the teen who walked into the student bathroom while #PhilipChism and Ritzer were still there.

Jill Harmacinski ‏@EagleTribJill 58s59 seconds ago
On 10/22/13 she had trouble getting signal on her cell to call Dad

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She went to girls bath to make the call

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
"I opened the door. I didn't step all the way into the girls room"

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Using laser pointer, she saws on projection screen pic how she was at the door

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She could only see bit leading into bathroom, didn't fully go in

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
"When I opened the door I could seen someone's bare behind"

Jill Harmacinski ‏@EagleTribJill 52s52 seconds ago
Could not see upper half of body, only naked buttocks, darker skin tone, someone standing but leaning over

Jill Harmacinski ‏@EagleTribJill 55s55 seconds ago
"I was surprised. I thought someone might have been changing in bathroom and I wanted to give them privacy,"

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She left bathroom area when down hallway to call her Dad

Jill Harmacinski ‏@EagleTribJill 53s54 seconds ago
Her dad came to get her around 4 pm

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Defense atty John Osler on cross of girl

Jill Harmacinski ‏@EagleTribJill 44s44 seconds ago
Under questioning, girl says she didn't think anything of this. Didn't mention to her Dad. She thought someone was changing

allison manningVerified account ‏@allymanning 57s57 seconds ago
The next morning, Bedard was at her bus stop when friend texted about murder. She walked home and the police were already there

Jill Harmacinski ‏@EagleTribJill 51s52 seconds ago
She didn't hear anything in bathroom and says person didn't turn around and look at her. "It was really quick"

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Girl is done, leaves stand

There was no audio or video of this witness, the state seal was shown while she testified because she is a minor. I notice that the video goes to the seal when there is a sidebar and there is no audio. This videographer is doing it right.

 

[Angelo]

Victoria WarrenVerified account ‏@vwarrenon7 53s54 seconds ago
Next up: teen Danielle Bedard. Danvers High Senior.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Girl is dressed in hoodie and jeans. Didn't realize she had to testify today. Doesn't know #PhilipChism she says

Laurel J. SweetVerified account ‏@Laurel_Sweet 53s54 seconds ago
Bedard, 17, is the teen who walked into the student bathroom while #PhilipChism and Ritzer were still there.

Jill Harmacinski ‏@EagleTribJill 58s59 seconds ago
On 10/22/13 she had trouble getting signal on her cell to call Dad

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She went to girls bath to make the call

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
"I opened the door. I didn't step all the way into the girls room"

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Using laser pointer, she saws on projection screen pic how she was at the door

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She could only see bit leading into bathroom, didn't fully go in

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
"When I opened the door I could seen someone's bare behind"

Jill Harmacinski ‏@EagleTribJill 52s52 seconds ago
Could not see upper half of body, only naked buttocks, darker skin tone, someone standing but leaning over

Jill Harmacinski ‏@EagleTribJill 55s55 seconds ago
"I was surprised. I thought someone might have been changing in bathroom and I wanted to give them privacy,"

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She left bathroom area when down hallway to call her Dad

Jill Harmacinski ‏@EagleTribJill 53s54 seconds ago
Her dad came to get her around 4 pm

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Defense atty John Osler on cross of girl

Jill Harmacinski ‏@EagleTribJill 44s44 seconds ago
Under questioning, girl says she didn't think anything of this. Didn't mention to her Dad. She thought someone was changing

allison manningVerified account ‏@allymanning 57s57 seconds ago
The next morning, Bedard was at her bus stop when friend texted about murder. She walked home and the police were already there

Jill Harmacinski ‏@EagleTribJill 51s52 seconds ago
She didn't hear anything in bathroom and says person didn't turn around and look at her. "It was really quick"

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Girl is done, leaves stand

There was no audio or video of this witness, the state seal was shown while she testified because she is a minor. I notice that the video goes to the seal when there is a sidebar and there is no audio. This videographer is doing it right.

Thank god the girl who entered the bathroom left right away. I have no doubt he would have murdered her as well.

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Abbey Scott of state police lab, a criminalistics supervisor is up next, she carries own box of latex gloves

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
At ADA MacDougall request, she is detailing her experience

allison manningVerified account ‏@allymanning 2m2 minutes ago
She examined #PhilipChism's hands. No injuries but had red/brown stain that tested positive for blood on palm.

Jill Harmacinski ‏@EagleTribJill 58s59 seconds ago
She later collected #PhilipChism clothing, took in brown bags, each individual item gets a brown bag

allison manningVerified account ‏@allymanning 46s46 seconds ago
Stain on #PhilipChism's left palm tested positive for human blood. Now in morning recess for about 15 mins. Back at 11:00am EST.

 

[AnaTeresa]

Can someone explain to me what usually happens when the attorneys have a sidebar? TIA!

Pappa Rob has it right. A sidebar is for discussion of procedural issues or evidentiary issues over matters that need to be decided out of the hearing of the jury. So, whether or not a certain question can be asked, whether the jury can see a certain piece of evidence, whether a proper foundation has been established to have a witness testify as an expert, etc. They are supposed to be short. If there is a more extensive argument that arises, the jury will be dismissed for things to carry on without them. Sidebars are almost always done "on the record" with the court reporter recording everything that is said, as often these procedural arguments are where appeals cases are made.

Here is a good link that explains more about sidebars.

http://www.oginski-law.com/library/your-honor-i-would-like-a-sidebar-legal-issue-to-discuss-.cfm

 

[jacct]

[h=1]What Happens to 14-Year-Old Philip Chism If He’s Found Guilty of Murder?[/h][h=2]New England School of Law Professor David Siegel explains an area of law that’s changed recently.[/h]http://www.bostonmagazine.com/news/blog/2013/10/25/philip-chism-juvenile-sentencing/

 

[jacct]

Trial Day 6 - Part 1

https://www.youtube.com/watch?v=o0LmOj0DYas&feature=youtu.be&a

 

[Elainera]

Pappa Rob has it right. A sidebar is for discussion of procedural issues or evidentiary issues over matters that need to be decided out of the hearing of the jury. So, whether or not a certain question can be asked, whether the jury can see a certain piece of evidence, whether a proper foundation has been established to have a witness testify as an expert, etc. They are supposed to be short. If there is a more extensive argument that arises, the jury will be dismissed for things to carry on without them. Sidebars are almost always done "on the record" with the court reporter recording everything that is said, as often these procedural arguments are where appeals cases are made.

Here is a good link that explains more about sidebars.

http://www.oginski-law.com/library/your-honor-i-would-like-a-sidebar-legal-issue-to-discuss-.cfm

Thank you AnaTeresa!

 

[jacct]

allison manningVerified account ‏@allymanning 1m1 minute ago
Prosecutor Kate MacDougall wheeled out a cart with lots of brown paper bags. Evidence. We're back from recess.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Judge Lowy tells jurors trial is well ahead of schedule

Jill Harmacinski ‏@EagleTribJill 56s56 seconds ago
Trial was originally slated to last until Dec21. Sounds like it could be wrapped up much sooner

Jill Harmacinski ‏@EagleTribJill 55s55 seconds ago
Scott holding up black shirt #PhilipChism wore, red brown stains found on shirt, tested for blood

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Colleen Ritzer's underwear had red/brown and white stains on then. She tested them.

allison manningVerified account ‏@allymanning 1m1 minute ago
Scott now holding up green women's underwear. Had human blood on it. But no semen or sperm cells on crotch panel.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
She tested for bodily fluid but found no seminal fluid. But there wouldn't be any if she wasn't wearing after assault.

allison manningVerified account ‏@allymanning 53s53 seconds ago
She saved part of the crotch panel of underwear for DNA analysis later.

allison manningVerified account ‏@allymanning 36s37 seconds ago
Human blood on the box cutter (with #PhilipChism's name written on it), too.

Jill Harmacinski ‏@EagleTribJill 41s42 seconds ago
Scott tested end of branch found in Ritzer vagina, positive for blood

Jill Harmacinski ‏@EagleTribJill 46s47 seconds ago
Also tested swabs taken from girls bath "Positive for human blood" on all of the swabs Scott said

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Scott now looking at #PhilipChism blue jeans, which she examined

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Stains on both legs, rear buttocks area, screened for presence of blood

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She found a Spanish quiz with the name Philip C written on it in jeans pocket

Jill Harmacinski ‏@EagleTribJill 22s22 seconds ago
Scott now looking at white tshirt #PhilipChism was wearing, stains on shirt, positive for human blood

Julie Manganis ‏@SNJulieManganis 54s54 seconds ago
More blood on #PhilipChism red sweatshirt.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Glove tested positive for human blood, characterized as "saturation" blood stains


Note: The gloves are not latex, they are canvas work gloves. Looks similar to the gardening gloves I use.

Cathy ‏@courtchatter 49s49 seconds ago
Bloody glove brought to school that day and worn by #PhilipChism pic.twitter.com/FJjDdHPadz

 

[AnaTeresa]

It's amazing that they are so far ahead of schedule. Making a guess based on my own experience, I would say there was some argument over witnesses or evidence, and when those were not permitted to come in, greatly decreased the length of time needed. Building a guess upon a guess, I'd say chances are it relates to Chism's insanity defense/mental health.

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She also tested a "kit" taken during Ritzer autopsy

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
The kit is commonly referred to by investigators as a rape kit

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Vaginal swab was positive for blood Scott says

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
She also found 2 sperm cells

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Other swabs tested positive for blood

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Other swabs were negative for sperm.

Jill Harmacinski ‏@EagleTribJill 47s47 seconds ago
Numerous red brown stains on head hair samples Scott says

Jill Harmacinski ‏@EagleTribJill 42s42 seconds ago
Vegetative debris and soil found in hair samples

 

[jacct]

allison manningVerified account ‏@allymanning 1m1 minute ago
Prosecutor is done with criminalist Abbey Scott. Now onto cross, by Osler.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
The prosecutor has to present all of the evidence because she must still prove all of the elements of each charge.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
When she arrived at crime scene, she knew #PhilipChism had been arrested and she knew he was 14

Julie Manganis ‏@SNJulieManganis 34s35 seconds ago
Osler seems to suggest Scott should have examined the rest of #PhilipChism body for signs of a struggle.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Scott says she only examined panties for presence of seminal fluid - not other clothing

Jill Harmacinski ‏@EagleTribJill 47s48 seconds ago
Sidebar

 

[jacct]

Trial Day 6 - Part 2

https://www.youtube.com/watch?v=-4prE3R2aQ0&feature=youtu.be&a

 

[jacct]

allison manningVerified account ‏@allymanning 40s41 seconds ago
Osler asking about fingernail scrapings collected from Ritzer. #PhilipChism Never processed or examined, Scott says.

Julie Manganis ‏@SNJulieManganis 41s41 seconds ago
Osler suggests scrapings could show signs of a struggle or #PhilipChism DNA but they weren't tested.

Julie Manganis ‏@SNJulieManganis 55s55 seconds ago
Osler says the stick was also not tested for seminal fluid.

Jill Harmacinski ‏@EagleTribJill 52s53 seconds ago
Scott is done, she leaves stand

Jill Harmacinski ‏@EagleTribJill 43s43 seconds ago
Next up Brian Cunningham of MSP crime lab

Jill Harmacinski ‏@EagleTribJill 59s59 seconds ago
He took #PhilipChism DNA sample on Dec 4

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
The sample was taken as a standard for comparison with evidence found at the scene. That was his only role.

allison manningVerified account ‏@allymanning 2m2 minutes ago
That was his whole involvement with the case. Quick witness.

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
Sidebar now

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Doesn't appear there are any more prosecution witnesses, Judge Lowy again tells jurors we are ahead

allison manningVerified account ‏@allymanning 2m2 minutes ago
Judge Lowy said we're going to adjourn shortly for the day. He expects for the jury to get the case on or around Dec. 11.

allison manningVerified account ‏@allymanning 2m2 minutes ago
Not going to have the jury come back until next Monday. We already weren't going to have court Wednesday or Friday anyway.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Jury is being sent home until next week. Judge is warning them not to discuss trial with Thanksgiving guests.

Julie Manganis ‏@SNJulieManganis 55s56 seconds ago
There is still a major motion to be argued in the case: whether the prosecution expert can testify.

Julie Manganis ‏@SNJulieManganis 24s24 seconds ago
The defense is objecting to the expert because he heard what #PhilipChism told investigators in an interview that was later suppressed.


The livestream is down (happens at noon every day for local news), I'm waiting to hear if the prosecution motion will be heard today or later this week.

 

[jacct]

Julie Manganis ‏@SNJulieManganis [video=twitter;668835469036228609]https://twitter.com/SNJulieManganis/status/668835469036228609[/video] That motion is being argued at 2 pm.

 

[Skigirl]

I'm not sure why hearing (or hearing about) the confession should disqualify the prosecution's mental health expert. Shouldn't the expert be basing the opinion on all available information, whether the jury is allowed to hear it or not? The expert isn't weighing in on guilt, just sanity. It does not make sense to me why the evidence considered has to be consistent with what the jury will hear, as long as that particular piece of evidence is not discussed in court. Otherwise, I hope the prosecution is allowed to have another evaluation, since the defense will be presenting an opinion that he was insane at the time of the murder.

 

[MsJosie]

[h=1]What Happens to 14-Year-Old Philip Chism If He’s Found Guilty of Murder?[/h][h=2]New England School of Law Professor David Siegel explains an area of law that’s changed recently.[/h]http://www.bostonmagazine.com/news/blog/2013/10/25/philip-chism-juvenile-sentencing/

Thank you for this. Now what happens as PC tried to kill the lady at the institution where he was sent while awaiting trial. I would think that attempted murder cannot come into play for the first verdict, however, the murder of the teacher can come into play in the sentence of the attempted murder. I hope I said that correct. LWOP appears to be the only thing for PC.

 

[jacct]

Thank you for this. Now what happens as PC tried to kill the lady at the institution where he was sent while awaiting trial. I would think that attempted murder cannot come into play for the first verdict, however, the murder of the teacher can come into play in the sentence of the attempted murder. I hope I said that correct. LWOP appears to be the only thing for PC.

Usually defense argues that previous convictions not be allowed to come into evidence because it is too prejudicial to the defendant. That will probably happen in Chism's attempted murder trial.