@twhel
Just bringing your post over here:
I listened to Yanetti's cross of Lt O'Hara on this out of interest. It's kind of fascinating to go back to it now, given the somewhat changed dynamics - if unfortunately a large time investment. Many of these testimonies end up being multi hour investments.
IMO the SERT witness was excellent, but the testimony (as ever) is somewhat frustrating as multiple witnesses have to come together to make sense of it. e.g SERT guy can discuss the procedure and what was found, but not the photography (apparently done by Tully), nor the distances - as for the purposes of the X he did not have the map to reference.
The focus of Yanetti was not to dispute what was recovered, but rather where it was discovered. e.g he kept trying to dispute how far apart the items were (plastic and shoe)
I think this is an area where we need to be quite specific. Even if you believe there are COC issues and crime scene integrity issues later (a valid argument), Yanetti does not dispute that parts of the Lexus tail light were in fact recovered from the scene of the alleged accident at the first practicable search. Personally I don't see that the elapsed time is an issue. The items were under the snow. Plenty of cases I have followed have seen evidence recovered from the CS over subsequent days or weeks.
So the actual meaningful allegation - by implication on X - is someone planted the tail light pieces sometime between the dashcam video, and the arrival of the investigators enmasse. Given how many people were present, I personally don't think it's credible that the officers unknown to O'Hara did it at the time. Also that would start to involve Tully having to be in on the conspiracy.
So I come back to a critical question for T2. Given the dashcam shows pieces of the tail light out that morning AND the defence alleges the collision with JOK's car broke the tail light, someone had to collect the pieces from JOK's driveway and take them to 34
My reason for doing all this was to match how investigative failures might be specifically relevant to the D case. Obviously the failure to post a watch at the crime scene is the biggy, in addition to no photo of the Lexus pre-seizure. However many of the other generic issues are not actually relevant to this core issue in my opinion.
I'd also note, I think significant resource was actually devoted to this phase. It's hardly the fault of the responders if some unknown person had planted to the evidence long before, and no procedures would have helped with that.
Interested in your thoughts on this!
MOO etc