NH NH - Elizabeth Marriott, 19, Durham, 9 Oct 2012 - # 7 *S. Mazzaglia guilty*

[HauntsForHope]

The only evidence a rape took place is, so far, from an acknowledged liar's mouth, we have no evidence yet of that. I actually think it sounds far-fetched that he would suddenly snap, send Kat a text about 'painting', strangle her with a rope from the box under the futon right behind Lizzie (as well as put gloves on without her seeing that either) and then have sex with her deceased corpse before having his girlfriend use his phone to call his Tarot card reader friend to come over and give him advice as to what to do next. That just sounds inane.

It was testified that when sm raped lm he did not use a condom. One of the many items collected was a pair of his underwear. Perhaps there's a dna match on the gloves and/or underwear.

 

[HauntsForHope]

The physical evidence police obtained as a result of talking to Mazzaglia can be admitted because police would have inevitably discovered it during the course of their investigation, Judge Kenneth Brown decided.

At 7:20 p.m. Oct. 12, 2012, Mazzaglia, 31, of Dover, acknowledged that a map he had drawn for Sgt. Joseph Ebert of New Hampshire State Police was where he put Marriott "in the water." That map was of Peirce Island in Portsmouth, miles from the apartment on Mill Street in Dover where Mazzaglia allegedly killed Marriott in his bedroom during a nonconsensual bondage, domination and sadomasochism threesome with his live-in girlfriend Kathryn McDonough, who was also 19 at the time. "During the sexual penetration, Mazzaglia stated that he applied pressure to the rope around Elizabeth's neck. At some point in time, Kathryn became involved and applied pressure to the rope as well. Ultimately, Mazzaglia was tightening the rope around Elizabeth's neck when he ejaculated inside of Elizabeth and he stated that at that time she experienced what he described as a seizure," Dover Detective Sgt. Scott Pettingill said in a supporting affidavit for Mazzaglia's arrest warrant..."
http://www.telegram.com/article/20140524/NEWS/305249751/1116

 

[Skigirl]

The physical evidence police obtained as a result of talking to Mazzaglia can be admitted because police would have inevitably discovered it during the course of their investigation, Judge Kenneth Brown decided.

At 7:20 p.m. Oct. 12, 2012, Mazzaglia, 31, of Dover, acknowledged that a map he had drawn for Sgt. Joseph Ebert of New Hampshire State Police was where he put Marriott "in the water." That map was of Peirce Island in Portsmouth, miles from the apartment on Mill Street in Dover where Mazzaglia allegedly killed Marriott in his bedroom during a nonconsensual bondage, domination and sadomasochism threesome with his live-in girlfriend Kathryn McDonough, who was also 19 at the time. "During the sexual penetration, Mazzaglia stated that he applied pressure to the rope around Elizabeth's neck. At some point in time, Kathryn became involved and applied pressure to the rope as well. Ultimately, Mazzaglia was tightening the rope around Elizabeth's neck when he ejaculated inside of Elizabeth and he stated that at that time she experienced what he described as a seizure," Dover Detective Sgt. Scott Pettingill said in a supporting affidavit for Mazzaglia's arrest warrant..."
http://www.telegram.com/article/20140524/NEWS/305249751/1116

Except for the order of events (rape then murder vs. murder then rape), this account makes it sound like SM basically admitted to exactly what KM says happened. Is this from the statement that was subsequently disallowed because he wasn't properly mirandized?

 

[Xara]

It was testified that when sm raped lm he did not use a condom. One of the many items collected was a pair of his underwear. Perhaps there's a dna match on the gloves and/or underwear.

Maybe I am misremembering, but wasn't there a used condom found too?

 

[Skigirl]

Maybe I am misremembering, but wasn't there a used condom found too?

There was a used condom found in the dumpster at the apartment; you aren't misremembering.

http://www.fosters.com/apps/pbcs.dll/article?AID=/20140527/GJNEWS_01/140529471

 

[Jewels53]

Maybe I am misremembering, but wasn't there a used condom found too?

There was?

Women's clothing, a pair of men's underwear, a used condom, a condom wrapper and two pairs of gloves were found in a trash bin near Sawyer Mill Apartments, where Mazzaglia lived. Joachim Barth, one of Mazzaglia's attorneys, said police were able to obtain that evidence because its whereabouts was being fed to them by one of the people conducting the interview.

http://www.metrowestdailynews.com/article/20140212/News/140218910

 

[Nymeria]

It was testified that when sm raped lm he did not use a condom. One of the many items collected was a pair of his underwear. Perhaps there's a dna match on the gloves and/or underwear.

And a condom (found with the underwear and other items).
Sooooo.... Why was a condom in the evidence tossed? :waitasec:

ETA- LOL I should have read all the posts before I responded :blush:

 

[Skigirl]

There was?




http://www.metrowestdailynews.com/article/20140212/News/140218910

That's an interesting way to put it.. "...Joachim Barth, one of Mazzaglia's attorneys, said police were able to obtain that evidence because its whereabouts was being fed to them by one of the people conducting the interview."

I wonder what that part of the quote means. Fed to whom, by whom?

 

[Xara]

There was a used condom found in the dumpster at the apartment; you aren't misremembering.

http://www.fosters.com/apps/pbcs.dll/article?AID=/20140527/GJNEWS_01/140529471

Thank you.

 

[Xara]

That's an interesting way to put it.. "...Joachim Barth, one of Mazzaglia's attorneys, said police were able to obtain that evidence because its whereabouts was being fed to them by one of the people conducting the interview."

I wonder what that part of the quote means. Fed to whom, by whom?

I read it over a few times and still cannot quite grasp what was meant by it. Interesting choice of words indeed.

 

[Trial_lurker]

Doesn't Kat's testimony match the Pros's theory from opening Arguments - IE If you believe Kat is lying then by inference you don't believe the Pros theory and that results in Seth Walking on 1st and 2nd degree murder?

 

[Jewels53]

I read it over a few times and still cannot quite grasp what was meant by it. Interesting choice of words indeed.

I have re-read several times also and am not sure what they mean. Is it possibly what SM was telling the interviewer? or KM?

 

[geevee]

I have re-read several times also and am not sure what they mean. Is it possibly what SM was telling the interviewer? or KM?

That is the gist I get, Seth told one of the investigators during the interviews that were later suppressed, which is why Barth was arguing for the evidence to be suppressed as well.

 

[Jewels53]

Doesn't Kat's testimony match the Pros's theory from opening Arguments - IE If you believe Kat is lying then by inference you don't believe the Pros theory and that results in Seth Walking on 1st and 2nd degree murder?

I know her testimony didn't match what the defense was saying in opening. I don't think he quite got her to admit to the being the only one to kill LM, even though she had trouble remembering things. Barth probably created some reasonable doubt though. I guess we will have to wait and see.

jmo

 

[Ociboys]

Wow. What a day. My live stream quit aS Barth asked his last question, it reconnected with KM walking away. All that nonsense and I didn't hear the last words. I felt he was not on his "A" game this morning and lost control. The expert, although a good move from pros., I felt was a "tool" in his nonchalant ways to explain DV like we are 3rd graders inferring jokes to correlate. There is family in the courtroom who lost their daughter to a murder in the room and as an expert psych., it didn't sit well with me. Honestly, I turned it off an walked away. In between all this I've had 5 trips to the pool store, everything I touched is breaking trying to open the pool. One of those years. Hope tomorrow is better on the stand and stream. thanks for giving me the round up.

 

[Chelly]

I agree with you 100%~ We have another poster here who knows Kat and has stated that Kat has lied on the stand about never being with a woman~ She also states seeing/hearing about her shortly after the incident and she was anything but "distressed".

I do not know Kat but I am familiar with Seth~ after hearing from our poster about Kat, speaking with some of Seth's friends that have met Kat I am really starting to lean towards the story that Kat gave in the beginning~ Reasons why;

1. Seth confessed to doing everything from killing her to dumping her in the water~ Kat has testified that she was the one that thought up the suitcase, the duct tape, turning off the phones, where to dump the body etc....

2. The wire conversations, same story, same everything

3. The searches on her computer, her online presence, her lying on the stand that she had never been with another woman

4. Seeing/knowing Seth, he is an introvert IMO... I always thought that if a woman ever said boo to him he would run the other way. I never saw a passive aggressive attitude from him~ I saw him in a romantic role and as a director with one of my good friends~

5. Being in the courtroom, speaking to friends of both of them, Lizzie was not IMO controlled, I think she was the controlling factor in this relationship~

I am not on the fence at all but I do think that both of them should be held accountable for their actions that evening.

Thank you. This proves that just when I think I know what I believe....I really don't know what I believe. :tantrum:

 

[Trial_lurker]

That's an interesting way to put it.. "...Joachim Barth, one of Mazzaglia's attorneys, said police were able to obtain that evidence because its whereabouts was being fed to them by one of the people conducting the interview."

I wonder what that part of the quote means. Fed to whom, by whom?

IANAL - The suppression hearing was about the admissibility of information gained from the interview. If the interview needs to be suppressed for Miranda violations then any evidence gained because of that interview would be tainted fruit. Therefore evidence found because its whereabouts was determined in a suppressed portion of the interview should not be admissible. From memory the judge ruled that the evidence would have inevitably been found and therefore would stay in.

 

[Trial_lurker]

She also states seeing/hearing about her shortly after the incident and she was anything but "distressed".

Fun fact - SM was quoted as saying "Things are really good" hours before his arrest
http://www.huffingtonpost.com/2012/10/16/elizabeth-marriott-update-water-search_n_1969638.html

I am really starting to lean towards the story that Kat gave in the beginning~

I am interested in which story:

a) Lizzie never arrived (Police)
b) Lizzie died in a BDSM accident (Statement at Def ofc, Def Opening Statement)
c) Lizzie died from Seth strangling her (Grand Jury, Pros opening statement, KM testimony at trial)

 

[zoey]

I do not for one minute think KM went to Barth's office to "help" SM. I think she went there on a snooping mission to find out if SM was turning on her....she as much admitted that on cross. I also think she told the real version to them in order to feel out what kind of defense she could expect. She thought since she was talking to attorneys that they could not repeat her story I bet. When she returned a few hours later with the bogus story it was a place to meet up with her mom...I think she came there hoping they would represent her and brought her mom along to pay a retainer if they said yes. Her story at the office is the most credible thing I have heard out of her mouth.

I so agree! Kat was out to protect kat

 

[AnnieMagnolia]

Wow, I just watched the last segment of KM's testimony and I think the only truthful part of anything she has said is that she and SM decided that only they two would ever know the truth. I think it still stands today.