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

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  • #301
Maybe but that is so lame.

So I guess he would argue that the harness made the furrow in Lizzis neck during consensual BDSM, and then Kat smothered her by sitting on her for more consensual "breath play" (queening) -- and that caused suffocation, which caused only one chamber of Lizzis heart to fail, which caused facial congestion.

That is so far from believable - I cannot imagine the jury would even consider it.

I believe that is the description KM gave to the defense investigator, to which she admitted she lied to. Also I believe that she drew this investigator a picture which was she said on the stand was not used.

I know it is hard to remember KM words to the investigator and to the GJ.

Also the ME on Thursday said you can't have a one sided heart attack. or something to that effect.

JMO
 
  • #302
Maybe but that is so lame.

So I guess he would argue that the harness made the furrow in Lizzis neck during consensual BDSM, and then Kat smothered her by sitting on her for more consensual "breath play" (queening) -- and that caused suffocation, which caused only one chamber of Lizzis heart to fail, which caused facial congestion.

That is so far from believable - I cannot imagine the jury would even consider it.

I agree. To believe in the defense's scenario, you would have to believe that a) LM agreed to be harnessed up, b) LM consented to having something around her neck that would restrict her breathing, c) that in combination, the harness and the 'queening' could suffocate a person without anyone else noticing anything was wrong, d) there was an unusual heart attack, d) the friends that describe the 'line' were not talking about a furrow, just congestion in the face. At least two of those assumptions would require a complete suspension of disbelief (Lizzi agreeing to harness and breath play).

To believe the prosecution you need to believe that a) LM agreed to strip poker, and b) SM has the potential for violence, c) KM would just sit there while someone was being strangled. To me, LM agreeing to the strip poker seems like the least likely (though not impossible) and KM just sitting there sounds bizarre but not in the context of everything else we know about her relationship. In any case, it seems a lot LESS bizarre given everything we know than LM agreeing to a BDSM encounter under those circumstances. And then there's the fact that KM is under immunity and has no incentive to lie, especially in a way that makes her look a lot worse than it would if LM's death had been an accident.

I know that the burden of proof is on the prosecution, but they only have to prove it beyond a reasonable doubt, not a shadow of a doubt.
 
  • #303
OHHHHHH. I am watching what is labeled "Trial Day 6 - Part 1" on Wild About Trial and before the jury and KM entered, the Prosecution was doing a mea culpa because he had sent a late discovery disclosure the previous evening. When he was prepping KM that night, she said she did see a rope mark around LM's neck. The prosecution apologized, brought a copy of the email he had sent the defense the previous evening, said he was open to remedies, and that it was not a tactic on his part since he would have liked to have used that information in his opening statement and throughout earlier parts of the testimony. No wonder Barth hit the point so hard that nobody had seen a furrow in his opening statement. I bet he was very unhappy about that development.
 
  • #304
OHHHHHH. I am watching what is labeled "Trial Day 6 - Part 1" on Wild About Trial and before the jury and KM entered, the Prosecution was doing a mea culpa because he had sent a late discovery disclosure the previous evening. When he was prepping KM that night, she said she did see a rope mark around LM's neck. The prosecution apologized, brought a copy of the email he had sent the defense the previous evening, said he was open to remedies, and that it was not a tactic on his part since he would have liked to have used that information in his opening statement and throughout earlier parts of the testimony. No wonder Barth hit the point so hard that nobody had seen a furrow in his opening statement. I bet he was very unhappy about that development.

Skigirl Thanks for reviewing the archived video's of the trial. If I didn't mind listening to Barth I would also. ack JMO
 
  • #305
Maybe but that is so lame.

So I guess he would argue that the harness made the furrow in Lizzis neck during consensual BDSM, and then Kat smothered her by sitting on her for more consensual "breath play" (queening) -- and that caused suffocation, which caused only one chamber of Lizzis heart to fail, which caused facial congestion.

That is so far from believable - I cannot imagine the jury would even consider it.

I would think his point will be that the ropes of the harness and whichever ones they were pulling would cause the strangulation-like swelling of the face and purple discoloration.

One of the reasons I believe Kat's first rendition (to the defense) rather than her Grand Jury testimony is because of the way she describes Lizzi dying, the only movements she relates that Lizzi made at all in the GJ was the inwards facing of the tops of her feet and her hands/wrists pulling up near her bust - that is simply unbelievable (esp. since Lizzi was sitting up at the time) and tells me she's never seen a person actually be strangled.

At the very least the victim is going to grab at the rope around their neck, do anything to try and get the hands or rope off of them, kick their feet and make more noise than a 'small yelp', but none of a typical struggle is in Kat's second story. Her first story is much more believable, whether Lizzi was in the harness/ropes voluntarily or not isn't the issue, the description of Lizzi having a seizure due to lack of oxygen and then Kat seeing the prone position with feet facing inward and hands/wrists pulled up seems quite reasonable.

I don't see that there should have ever been a disagreement over marks on Lizzi's neck, the statement to the defense makes clear there were ropes in her neck area being pulled (as well as the harness strung so it would decrease oxygen if her head is moved forward) so I think in either case marks would be likely to be seen on her neck, so for me that is a waste of time trying to prove/disprove that.

I've been thinking about the bags, why one and moreso why two; those bags are rather thin and see-through, and two would be necessary so not to be able to see what they're covering. If Kat was annoyed at seeing Seth with Lizzi (since Lizzi was supposed to be her 'dark haird lady') she simply didn't want to be able to see her face any longer, discolored or not, it wasn't the face of Kat's dark haired lady, it was the one who had had sex with her man.
 
  • #306
Sorry for the O/T but I am new and scared to talk...Master Bob I am familiar with as I followed the beginning at the Hinky Meter. This trial I already have an opinion that I haven't shared but I ♥ Heart.

Welcome to the thread and to WS, sassyblue!

Please don't be afraid to talk, opinions are welcomed.
 
  • #307
Minor, question:

During the opening statements, references to grand jury testimony was referred to MULTIPLE TIMES. I had always thought :doh: that grand jury testimony was secret.

Can you (re)educate me on this?

TIA Minor! :seeya:
 
  • #308
  • #309
Sorry for the O/T but I am new and scared to talk...Master Bob I am familiar with as I followed the beginning at the Hinky Meter. This trial I already have an opinion that I haven't shared but I ♥ Heart.

Don't be scared, just jump right in and let it flow, soon enough you will be yapping away (and likely debating angrily at some point :giggle:) like everyone else.

And... :welcome: SassyBlue!
 
  • #310
BIG Bob reminds me NJ Gov Christie....lol thanks for the heads up on that case. Very interesting.
 
  • #311
Oh boy, just what we need, another circus performer.

Marty - Circus Afro song - YouTube

Sorry to O/T it... :blush: I lack impulse control..

(When this movie came out I walked around singing that for a good solid 3 months, I even wanted it for a ringtone, it just made me :giggle: everytime...still never seen the movie! Chris Rock is just hilarious to me).
 
  • #312
Right now I'm reviewing the day that her aunt was on the stand and I just cannot imagine her pain. I had a cousin's daughter live with me for 4 months one year to work at the company I did to save up money for college (where they lived, not many jobs). I just cannot FATHOM the additional false guilt that her aunt may have that this happened while living with her. My heart goes out to her.
 
  • #313
Marty - Circus Afro song - YouTube

Sorry to O/T it... :blush: I lack impulse control..

(When this movie came out I walked around singing that for a good solid 3 months, I even wanted it for a ringtone, it just made me :giggle: everytime...still never seen the movie! Chris Rock is just hilarious to me).

LOVE IT LOVE IT LOVE IT!!! :floorlaugh::floorlaugh::floorlaugh:
:loveyou:

The movies are great, your gonna love them. Rock is hilarious!
 
  • #314
Right now I'm reviewing the day that her aunt was on the stand and I just cannot imagine her pain. I had a cousin's daughter live with me for 4 months one year to work at the company I did to save up money for college (where they lived, not many jobs). I just cannot FATHOM the additional false guilt that her aunt may have that this happened while living with her. My heart goes out to her.

Yes, She was really broken up and I'm sure is suffering greatly. Taking care of someone else's child is frightening when they're small. I cant imagine when they get that age. But really, she said she would be home by 12. As a college student that seems more than reasonable. She has no real reason for guilt, Lizzi was an innocent, taken advantage of by an evil couple. That's not something you can plan for or forsee coming.
 
  • #315
Justice for Lizzie

533520_461740937211669_1866328126_n.jpg

https://www.facebook.com/riplizziemarriott
 
  • #316
Here's another one of KM's accounts, maybe more recent?

http://prancinginneverland.tumblr.com

"About: Sometimes known as Scarlet Tempest, but only sometimes. I'm an artist, who fell off her path, and is now trying to find the right song to dance to."
 
  • #317
Here's another one of KM's accounts, maybe more recent?

http://prancinginneverland.tumblr.com

"About: Sometimes known as Scarlet Tempest, but only sometimes. I'm an artist, who fell off her path, and is now trying to find the right song to dance to."

Is someone maintaining/updating it for her?
She was in jail in August 2013, yeah? (18 months served already, arrested Dec. 2012).

ETA- Wait, I keep reading she has served 18 months....just did the math and that can not be right :waitasec:
At most it is 16 months and a week in Dec. 2012. Unless she got some time off for behaving? Do they knock it off while still serving or only when you are released does it apply (Like early release)?
 
  • #318
  • #319
Is someone maintaining/updating it for her?
She was in jail in August 2013, yeah? (18 months served already, arrested Dec. 2012).

ETA- Wait, I keep reading she has served 18 months....just did the math and that can not be right :waitasec:
At most it is 16 months and a week in Dec. 2012. Unless she got some time off for behaving? Do they knock it off while still serving or only when you are released does it apply (Like early release)?

Was she jailed all that time? I thought she was arrested in December of 2012, then out on bond until July of 2013, when she was sentenced.

http://www.seacoastonline.com/articles/20140618-NEWS-140619770

http://www.seacoastonline.com/articles/20130725-NEWS-130729839
From an article on July 25, 2014: "Kathryn “Kat” McDonough, 19, was placed in handcuffs immediately following the two-hour plea and sentencing hearing on charges connected to the death of 19-year-old Elizabeth “Lizzi” Marriott. She pleaded guilty to charges of witness tampering, hindering apprehension or prosecution and conspiracy to commit the same."
 
  • #320
Is someone maintaining/updating it for her?
She was in jail in August 2013, yeah? (18 months served already, arrested Dec. 2012).

ETA- Wait, I keep reading she has served 18 months....just did the math and that can not be right :waitasec:
At most it is 16 months and a week in Dec. 2012. Unless she got some time off for behaving? Do they knock it off while still serving or only when you are released does it apply (Like early release)?

BBM
Yes, it does look like she was in jail as of the end of July of that year -- but I'm still 99% sure the account is hers. I'm not sure how to explain the dates. I doubt someone is doing it for her and that she has access to a computer. Hm.
 
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