The Crown v Gerard Baden-Clay, 19th June - Trial Day 7, Week 2

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  • #761
Yes my thought too. If the heart is not pumping, then there is no circulatory system to pump the blood? I am also not sure how much blood flow there would be from an injury to an already deceased body. Maybe I'm having a vague moment here(?)

Dr Watson or any other medical experts?

You're right in terms of lack of heartbeat resulting in a lack of pumping blood. But blood in the veins (as opposed to arteries), particularly peripheral veins (just under the skin) can flow out if injured, for some time after death. It's darker blood, and will tend to pool or dribble, as opposed to the usual arterial "spurter" so well known by surgeons (!) and TV audiences ;)

The amount of blood in the back of the Captiva was small, so could feasibly have come from a small tear in a peripheral vein or even the scalp, lip, a bang on the nose, eyebrow, chin, etc. This could quite feasibly have occurred after death - but very shortly after.

The fact that the blood in the car was only on the side and not in the middle could be due to EITHER the injury being of an extremity (foot or head), OR that the rest of the body was covered by something or was lying on something (eg a tarp).

But when all said and done, the amount of blood was really quite small. And as I have suggested on here before on a few occasions, and which was confirmed by the forensic scientist in the witness box today or yesterday, there is no way to "date" or "age" blood after that first hour or two, to say how long it's been there. That could be a flaw in the prosecution argument.

However, the hair, which appears to be stuck IN the blood, is another matter. And especially if it showed evidence of the hairdresser's the night before....
 
  • #762
Adding in part of Sue Heath's testimony from Day 7..."bless him"...!!!!

June 19, 2014

Ms Heath said she had a conversation with Baden-Clay at Mr Flegg’s request around March 12, 2012.

“Basically I was sitting on a polling booth on Moggill Rd and Bruce asked me the night before to give him a call, so I phoned him it was probably around 7ish, for all intents and purposes, and Gerard said he was having financial trouble and wanted to know if Bruce could lend him some money,” she said.

“He was distressed, you could just tell in his voice, he was normally very confident and he was generally quite distressed.

“He said if he didn’t get it he would go broke or bankrupt. I just felt really sad because he seemed so, bless him, so successful. Going back it was about $300,000,” she said.

She said she told him she did not think they had that kind of money.

http://www.news.com.au/national/que...ing-wife-allison/story-fnii5v6w-1226959242016
 
  • #763
Where did the blood come from.
No heart beating, no blood flow.

Unless Allison's blood pooled into plastic (?) and spilt out into the car or got torn.
There are no sharp edges in the back of that car unless she was pushed in and into something sharp then something could have split the plastic.
That loop where the blood starts lays flat until it is needed and pulls out to tie things to, the photos of the blood shows it's pulled out. Was it this that chipped Allison's tooth?
The blood dripped down where the third row of seats are, that's why it wasn't seen.

I'm thinking aloud trying to understand why there was no blood around the house and no major injuries on Allison and if Allison was dead when placed into the car how was the blood flowing.

After midnight. Rant over.
 
  • #764
You're right in terms of lack of heartbeat resulting in a lack of pumping blood. But blood in the veins (as opposed to arteries), particularly peripheral veins (just under the skin) can flow out if injured, for some time after death. It's darker blood, and will tend to pool or dribble, as opposed to the usual arterial "spurter" so well known by surgeons (!) and TV audiences ;)

The amount of blood in the back of the Captiva was small, so could feasibly have come from a small tear in a peripheral vein or even the scalp, lip, a bang on the nose, eyebrow, chin, etc. This could quite feasibly have occurred after death - but very shortly after.

The fact that the blood in the car was only on the side and not in the middle could be due to EITHER the injury being of an extremity (foot or head), OR that the rest of the body was covered by something or was lying on something (eg a tarp).

But when all said and done, the amount of blood was really quite small. And as I have suggested on here before on a few occasions, and which was confirmed by the forensic scientist in the witness box today or yesterday, there is no way to "date" or "age" blood after that first hour or two, to say how long it's been there. That could be a flaw in the prosecution argument.

However, the hair, which appears to be stuck IN the blood, is another matter. And especially if it showed evidence of the hairdresser's the night before....

Thanks for the explanation. Yes the hair could be an important piece of evidence it may seem. Would have to be wet/fresh blood for the hair to stick. Thanks
 
  • #765
More on the blood, this was when we first heard about the blood, from back at the bail hearing...

June 27, 2012

Police examine the Baden-Clay's Holden Captiva SUV, which they had owned for eight weeks.

They allegedly found a "blood smear" in the rear of the vehicle and a strand of blonde hair.

Investigators alleged that the smear was "a contact smear" and resulted in "a further droplet of blood falling below the smear onto the floor of the vehicle". Police allege the blood was identified as Mrs Baden-Clay's, but examinations into the hair were continuing.

http://www.brisbanetimes.com.au/que...d-badenclay-20120626-210bz.html#ixzz355xJY0BR
 
  • #766
I believe you are right in also stating that there are times when smothering does not cause any blood to leave the body. It is possible he hit her on the head but I am not sure where that occurred as no blood splatter had been found in the house, although there could have been splatter on the outside of the car and that has not been mentioned as yet. There could have been blood splatter in the carport that has not been mentioned so smothering in bed is a definite possibility.

I believe the major damage was around her jaw which was in contact with the muddy water. Allison's body was mummified on one side and severely decomposed on the other and her neck and chin on one side had completely deteriorated. They stated that they thought there was possible damage to her chin due to the way the decomposition had occurred. I didn't think there were any fractures on her body at all but I could have misread the report.

Just thoughts after reading so much in the last few days but there is so much detail to remember. I really don't know if I am even close in what I am imagining happened. Only G will ever know and I don't think he will ever tell. I am very curious to see what scenario the prosecution presents in determining how Allison ended up under the bridge.

Perhaps NBC removed the vacuum and hose (not to use at a business property) because:
- the hose had been used to wash away blood outside? Mud off outside stairs?
- the vacuum had cleaned up mud off carpets inside?
 
  • #767
ha,ha.. :blushing:. You could be right re the blood. My memory is hazy and didn't help that the site (ABC) that I got the photo from was saying it was blood. I never thought there was that much blood, but did think there was 2 places in the car that it was found- the door and one of the wheel arches. But as I said memory is hazy and maybe I'm wrong then. Again appologies for any confusion.

No need to apologise UT. I'm confused most days. :floorlaugh: Sorry but I don't know what the ABC site is.

The blood in the Captiva is mentioned in the first bail application document.

As part of this investigation, police seized a number of the defendant's motor vehicles. Police have conducted examinations of these vehicles. Examination of the defendant's Holden Captiva vehicle, revealed an amount of blood on the plastic trim inside the vehicle in the boot area where there was a third row of fold down seats on the driver's side of the vehicle. The quantity of blood was sufficient that there were two runs of blood coming from the contact point to the floor of the vehicle. There was also a blonde hair adhering to the blood stain. This blood has been confirmed as the deceased's blood.

BBM.

Websleuths Crime Sleuthing Community - View Single Post - Bail Hearing Documents *No Discussion*
 
  • #768
No need to apologise UT. I'm confused most days. :floorlaugh: Sorry but I don't know what the ABC site is.

The blood in the Captiva is mentioned in the first bail application document.



BBM.

Websleuths Crime Sleuthing Community - View Single Post - Bail Hearing Documents *No Discussion*

ha,ha..realized it might need elaborating. ABC news (as in Australian Broadcasting Corporation. not Allison Baden Clay news.. only realized the initials were the same after I had posted)

Well I think I am off to bed now.. night:offtobed:

Thanks again to all who helped with the twitter feeds etc today and thoughout the trial so far.
 
  • #769
Perhaps NBC removed the vacuum and hose (not to use at a business property) because:
- the hose had been used to wash away blood outside? Mud off outside stairs?
- the vacuum had cleaned up mud off carpets inside?

Was the area around the house wet, had it been hosed down? I think it was dry.
 
  • #770
Could that metal loop thingy chipped her tooth and split her lip?
The blood smear starts there and then runs down.

It's amazing the blood was hidden so well by the seat.
 
  • #771
What is it with this?

Con Simmons: Okay. Any other close friends, sisters [INDISTINCT]
GBC: No
Con Simmons: [INDISTINCT]
GBC: I mean she's quite close to her sister but [INDISTINCT] Wendy um is the friend of her that actually told her about [INDISTINCT]
Con Wilkins's: Mmhmm
GBC: and ahh, and Wendy actually said she'd texted her LAST NIGHT. So ah I had to try and get together [INDISTINCT]
(Some discussion about Wendy's phone number etc then)
Con Simmons: When you spoke to her last night [INDISTINCT]
GBC: Ah texted her
Con Simmons: Texted her [INDISTINCT]
GBC: Or, or YESTERDAY . I can't remember.

Is it about Wendy telling ABC about GBC's affair and he not wanting to get together with her after that? I'm confused. Wasn't ABC meant to meet Wendy Thursday night for dinner? Was there some conflict there about Wendy? Did Wendy text ABC Thursday night or when? I capitalised LAST NIGHT and YESTERDAY in that text.
Link to transcript in following post:

Websleuths Crime Sleuthing Community - View Single Post - The Crown v Gerard Baden-Clay, 18th June - Trial Day 6, Week 2

Yes. Perhaps GBC took exception to Allison having a girlfriend or two to confide in (this was a separate life/privilege he deserved over and over, not Allison)...

When married to a monitor/man such as GBC friends learn quickly to write texts in 'code' to be sensitive and careful not to upset/enrage the monitoring partner.

Perhaps there really was no need for the dresses to be returned... but it gave an excuse for Allison to catch up with her other girlfriend (?)

JMO
 
  • #772
34893_popup.jpg

http://roswellboutique.wordans.com/...sfiles/images/2010/5/27/34893/34893_popup.jpg

We are going to have a forum software upgrade very soon - quite probably before court is in session again next Tuesday. The forum will look very different. Follow the "forum tab" and you'll be able to find your way back here. If there are delays, I will write about them on my Twitter.

We will be making forum decor changes after the upgrade, but it's going to look pretty strange before we have the time to make those changes happen. Excuse our dust!
 
  • #773
How exciting Kimster! New frontiers!
 
  • #774
How exciting Kimster! New frontiers!

I've been wanting this for a few years, so I'm really really excited! :loveyou: But there will be a lot of work getting it looking spiffy. We will need to fill spaces that we don't have right now.
 
  • #775
Just reading a few of Hawkins old posts & found these interesting ( wonder what happened to him ??)

Wish he would come back to post his views now!!!!


Old 06-28-2012, 10:47 PM
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I'm sure it's been commented about on the forum before but either the body showed signs of trauma or it wasn't dropped from the bridge. Regardless of decomposition.

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Old 06-30-2012, 11:32 AM
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I suspect the alleged cause of death won't involve an escalating dispute leading to sudden lethal violence on that night MOO.

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Old 06-28-2012, 09:52 PM
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I'd be surprised if the chipped tooth didn't happen post mortem.
Thanks

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Old 06-28-2012, 09:50 PM
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Yes all good points. It's just a matter of contexts. I am absolutely certain that Harold Holt drowned. That doesn't mean he did. And you are right that the cause of death doesn't need to be proved for a murder charge just to succeed. Only that the accused was responsible for the death.


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Old 06-28-2012, 08:39 PM
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Medical evidence is only part of the mix when determining cause of death for the purpose of coronial inquests and criminal proceedings. Other forensic and circumstantial evidence can be very compelling to the point of virtual certainty. Harold Holt's body was never found, but he drowned nevertheless. A clear and evidence based cause of death will be asserted in this case.


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Old 06-28-2012, 05:11 PM
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Lunch with some very experienced criminal lawyers today. Three interesting things. They speculated and gossiped about this case. They whinged about the press doing exactly that. Consensus was based on evidence released so far a conviction would be far from certain. None have any connection with this matter.

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Love this quote!!

Old 06-14-2012, 08:00 PM
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COD? Well the coppers reckon her husband is a murderer and the press say he was having an affair. So if they are correct, then the cause of her death was marrying a bloke she thought was decent but who was in fact a murderous, philandering ratbag. Simple logic.


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Old 06-03-2012, 09:43 PM
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I have to go to bed but just wanted to say to those who have left flowers etc that you are awesome human beings to care so genuinely for this woman and her family. I suspect that you'll be able to at least see that some justice is done in this case. There will be a trial and conviction(s) eventually IMO. MOO.
Thanks

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Old 05-28-2012, 10:08 PM
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I have been very impressed by the restraint and grace shown by Mr and Mrs Dickie. If a man (hypothetically speaking) strangled my daughter, and mother of my granddaughters, then dumped her body in a creek to bloat and rot like some fetid animal carcass, then he would need to pray as earnestly as he could every day that the police would arrest him and lock him away in a safe and secure remand centre as soon as possible.

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05-27-2012, 09:46 PM
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Quote:
Originally Posted by Strangeworld View Post
But IMO, anyone can give a good speech using the right formula.
In my personal life I judge a person's character by what they do. It's hard for people to say exactly what they think and feel. Even if you consciously attempt to be totally frank, your subconscious has a huge bearing on the words you choose, on how you say them and on your body language. Skilled detectives seem to have almost a sixth sense for knowing not just when a person is lying, but what that person's body is saying.

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Old 05-17-2012, 02:21 PM
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I believe that there are some further significant details about this death emerging. It seems to be a particularly nasty and confronting matter. Not the sort of case that would be pleasant for jurors.


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Old 05-07-2012, 02:51 PM
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Quote:
Originally Posted by Paradox11 View Post
The mind boggles. I bet we will have to wait years for all the details to come out in court.
Very few details are likely to come out in court if it becomes a murder trial. The accused very rarely gives any oral evidence in such a trial and will therefore not be cross-examined or even speak in court beyond entering a plea. There would only be the assertions of the Crown based on what they can piece together. If the case is largely circumstantial then the prosecution doesn't even really produce a theory as to what actually happened beyond the simple assertion that the accused caused the death of the deceased. If there is a plea of guilty then there is no trial and, since the penalty is mandatory, there is no need for the convicted person to then say anything at the sentence hearing.

If it becomes a manslaughter trial then the Crown simply has to prove that the accused caused the death and very few details are required for that. A guilty plea is very common to mansluaghter because that plea will ordinarily reduce the sentence by 30%. A guilty plea to murder is cery uncommon, because there is no sentence discount for the plea.

The circumstances of this lady's death will likely never be known. Even if an accused person makes some sort of admission these are usually motivated by a desire to mitigate a manslaughter sentence and are therefore self-serving and somewhat unreliable.

But the public apetite for more details is usually inversely proportional to how many are available. This is the sort of case that will spawn books and significant profits for publishers. None of those profits are likely to make their way to the children which is a great pity.

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By far the best post

Old 05-14-2012, 09:05 PM
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Do not friggin start me. The objectification of women is a vestigial sociological imperative that is well past its use-by-date. Women have been commodities in the physical, emotional and spiritual sense for many thousands of years. Very few people really appreciate the depth to which these subservient roles are ingrained. Violence towards women is still at epidemic levels in our community and this violence is not specific to any demographic. The levels of child sex abuse, especially against girls is a national disgrace. Emotional violence and intimidation starts from a very young age and many, many men humiliate their wives and female relatives without any sense that they are doing so. Any man who thinks that Australia is a society which has turned the corner and which provides equal expectations and opportunities for women should experience life from a woman's perspective for a while. Boys need to be exposed to male role models who treat women as human beings, not as some other species who they should look after and 'respect'. Respect is a human right, not a right that you get by being a woman. Women are not furniture, they are not fashion accessories, they are not property, they are not investments. They are not cute things that you have a duty to look after like a pet. Violence against, and the objectification of, women is a deep social problem that is only vaguely recognised and addressed despite ridiculous claims that women are now somehow mostly 'equal'. If Mrs Baden Clay has died as the result of domestic or partner violence then hopefully the result will be something more than a shallow sense of satisfaction that her 'killer' is broughtto justice. All men need to look at their own hearts and their own values and ask what their potential is to act in the same way as her killer(s). We should all look at her death and ask how we collectively failed her and what we can do to empower our daughters to ensure that they do not suffer a similar fate. I am a man.

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Yes Mr Hawkins you are a man. A man my daughter would benefit from hearing you speak. I hope you write for the benefit of her generation, for both her boy and girl friends. For my generation who are jaded but hopeful. By any pen-name you would be identifiable - sadly I have never read or heard a man convey such obvious insights in this country until just now.

Thanks for sharing drsleuth : HAWKINS WORDS SHOULD BE POSTED WHERE THEY CAN GO VIRAL.
 
  • #776
'Beauty is in the eye of the beholder.'

Allison what did you see in this person??

You were never insignificant. You did not deserve this treatment an there is no failure when you leave evil. We are all appalled by him. Mums are the backbone of the world. We have the say on what the world's future is going to be.

This is a timely reminder for parents to let their children know they are valuable and never to be or take second best.

And our jobs of being parents stay with us until we die.
There are times when we all feel like throwing in the towel. But that's the very time you pick up that towel, put it back around your neck and say 'I'll keep fighting' because that's is when your kids need you the most.

There are some people you don't fight for.

Let's break the chain now. Let's stop the chain continuing. I've snapped many links in my family's rotten chain and I've vowed not to continue with deeply grained nonsense. This attitude won't be passed down through me to my children.

There's support for mother's and children to leave but there's much risk associated with it : for one : your children might then spend each alternate WEEK alone with the MONSTER !!
 
  • #777
Yes Mr Hawkins you are a man. A man my daughter would benefit from hearing you speak. I hope you write for the benefit of her generation, for both her boy and girl friends. For my generation who are jaded but hopeful. By any pen-name you would be identifiable - sadly I have never read or heard a man convey such obvious insights in this country until just now.

Thanks for sharing drsleuth : HAWKINS WORDS SHOULD BE POSTED WHERE THEY CAN GO VIRAL.

Totally agree Consider. I wish that Hawkins would come back. It was wonderful having him here two years ago.
 
  • #778
From what I recall, back in 2012, the footy show started at 9pm but frequently started late. And sometimes it didn't finish until after 11pm.

Apparently, last year the program time was rescheduled & supposed to start at 8.30pm.

Yes, Ive been doing a few searches trying to find out what actual night it was on, and what time it stared that night, and finished.
Hard to find old programming guides on the net... :(

Thanks for that though Marlywings :)
The last text would have come through while the footy show was on.
 
  • #779
Constable Huth said that he examined underneath the house as well as the carport and camper trailer and no blood was found.
It has also been said no blood or sign of disturbance was found in the house.
There has been no mention yet of the back patio area or yard re blood or disturbance.
The timing of the defenses witness Mrs Apps could be an attempt to muddy the waters re the screams and arguing in close proximity to the Brookfield home before we get to the evidence out the back.

I wonder if Constable Huth also looked for mud from the Creek inside and outside Allison's home.
 
  • #780
Gotta love Hawkins.
What disturbs me is TM's bleating of 'deserving the respect' that G has payed to Allison and not to herself. I am too tired to find the words, but TM was anxious to claim a non existent pedestal as a prize. Women perpetuate the problem too!
 
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