• #1,301
This witness is the man who took a video with his cellular phone so as to preserve the fedex truck video and sent it to investigators. He watched the video, knew it's significance and recorded it. He saw a small child present in the truck. He was a bit panicked, and having trouble downloading the actual footage and understood the extreme urgency of getting that evidence to LE to use in their search for Athena.
 
  • #1,302
after sending that to LE he began looking at the breadcrumb trail for TH's truck on the day of the abduction and sent what he felt might be relevant location info to investigators.
 
  • #1,303
eventually he was able, with helpful advise from Ranger Espinosa he was able to access the SD card of the camera he then told LE how they would need to access the data on that card. He cautioned him about the how tos so as to keep the data from being compromised or erased through user error. He and the ranger made plans to work together to access and preserve the footage from the SD card.
 
  • #1,304
This witness is the man who took a video with his cellular phone so as to preserve the fedex truck video and sent it to investigators. He watched the video, knew it's significance and recorded it. He saw a small child present in the truck. He was a bit panicked, and having trouble downloading the actual footage and understood the extreme urgency of getting that evidence to LE to use in their search for Athena.

eventually he was able, with helpful advise from Ranger Espinosa he was able to access the SD card of the camera he then told LE how they would need to access the data on that card. He cautioned him about the how tos so as to keep the data from being compromised or erased through user error. He and the ranger made plans to work together to access and preserve the footage from the SD card.

And Ranger Espinosa flew to the location to view and save the data.

The risk of it being overwritten or the card being accidentally reformatted and wiped -- so intense.
 
  • #1,305
they downloaded four total videos of TH in that truck. They were able to access the data on the SD drive by placing the SD card into a camera that was the same make and model as the one that it had been contained in in the truck. By playing it back on that camera while it was hooked to another device they were able to download and save those videos. The process was time consuming.
 
  • #1,306
not sure if we are on a break or if they are playing the videos for the jury. camera is facing the ceiling of the courtroom and no audio right now. It was the latter, and it has ended I guess. Defense is now questioning the witness.
 
  • #1,307
they downloaded four total videos of TH in that truck. They were able to access the data on the SD drive by placing the SD card into a camera that was the same make and model as the one that it had been contained in in the truck. By playing it back on that camera while it was hooked to another device they were able to download and save those videos. The process was time consuming.

As awful as the audio is going to be, thank God they were able to retrieve it without loss of data. How harried that effort must have been.
 
  • #1,308
Prosecutor thanked the witness for all he does. It was poignant.

IMO the witness is holding back emotion.

What he saw (that haunting image of Athena in the van), and then what he took such great care to safety transfer to LE has likely changed him.

It's very sobering.

JMO
 
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  • #1,309
Ok I’m finally understanding why there wasn’t an agg sexual assault charge. They didn’t want to risk an acquittal on that count.

No sexual “trauma” in ME report (hymen intact etc.). Male DNA present but didn’t test it to TH to preserve the samples. She’s nude but could be just part of clean up job.

Taken all together, too much reasonable doubt and they didn’t want to take that risk. Capital murder case is already air tight. The sexual motive is obvious and implied.
 
  • #1,310
Prosecutor thanked the witness for all he does. It was poignant.

IMO the witness is holding back emotion.

What he saw (that haunting image of Athena in the ban), and then what he took such great care to safety transfer to LE has likely changed him.

It's very sobering.

JMO
Everyone has a purpose in this life and this obviously was his at that time. Bless him for listening and responding to his inner voice.
 
  • #1,311
Ok I’m finally understanding why there wasn’t an agg sexual assault charge. They didn’t want to risk an acquittal on that count.

No sexual “trauma” in ME report (hymen intact etc.). Male DNA present but didn’t test it to TH to preserve the samples. She’s nude but could be just part of clean up job.

Taken all together, too much reasonable doubt and they didn’t want to take that risk. Capital murder case is already air tight. The sexual motive is obvious and implied.
implied is a good word for it, taking a female child shows sexual motive, naked could be to get rid of evidence could also be implied sexual motive as he kept her clothes on his property so not a bright spark is evidence removal was his plan,

one thing I do find myself noticing more and more is people say why would he/she do that in relation to crimes, ie why did he take her clothes back to his house, when he could have thrown them out of truck on side of road, or put them in a bin or anywhere but where he lives, it is IMO many of these types of crimes are fantasied about but when the actual event is happening it is nothing like the fantasy, and the long planned fantasy crime soon turns into something totally out of control, so they panic, and do the stupidest things, and then hope it all just goes away,

he didn't expect Athena to fight for her life until she couldn't fight anymore. predators like him have this imagined perfect victim and they soon find out that is not the case,

plus IMO most criminals are stupid which is why they get caught
 
  • #1,312
There are people in my life I would love and support no matter what, my love is unconditional and I would be sitting in court if anybody I loved had committed a heinous crime, one can condemn the crime and the horrible choices they made but still love and support them,
I agree that there are people in my life that I would be in court for, in order to show support. Those people are my children. I would not be surprised to learn TH’s mother was there. But if my husband pled guilty to this…. my mind can’t even go there. I honestly don’t know what I would do.
 
  • #1,313
I am watching on WFAA YouTube channel and they have commentators during breaks. They said Athena's mother is supposed to testify after this TDPS DNA witness.
No link due to live stream so JMO.
 
  • #1,314
the world is in the biggest mess it has ever been, but we need to be reminded that the world is full of mostly good people and he is the exception to the rule, the witnesses who have testified from LE to analysts to SA victims have all come together to convict the predator who murdered Athena, you could see the emotion in many of the LE and they worked so hard to first try and bring her home alive, TH didn't give them that chance so they worked even harder to catch and convict him

the last witness who went above and beyond to save and ensure that whole video was collected in pristine condition from the Fed Ex van, he was truly one of the good, I can't imagine the horrors of what he must have felt when first he saw Athena in the van, and he must have heard portions of the audio as they were collecting and preserving it

sometimes just a glimmer of light is all I need to be reminded that TH is an anomaly and the vast majority love children, and wouldn't want to harm one hair on their head,
 
  • #1,315
Noticing this DNA witness is wearing a pink blouse and she's sporting a strand of hair, dyed pink.
Was the first witness today Ruby Kelly or the one from yesterday late in the afternoon, Jacqueline Ferrara? TIA!
 
  • #1,316
Was the first witness today Ruby Kelly or the one from yesterday late in the afternoon, Jacqueline Ferrara? TIA!

Erica Reynada, DNA analyst.
 
  • #1,317
Ok I’m finally understanding why there wasn’t an agg sexual assault charge. They didn’t want to risk an acquittal on that count.

No sexual “trauma” in ME report (hymen intact etc.). Male DNA present but didn’t test it to TH to preserve the samples. She’s nude but could be just part of clean up job.

Taken all together, too much reasonable doubt and they didn’t want to take that risk. Capital murder case is already air tight. The sexual motive is obvious and implied.

I was kind of wondering if perhaps the reason he pled guilty in the first place was to extract a promise from them not to charge him with sex crimes, maybe to save him from being killed in prison.
 
  • #1,318
Do we know what was tested for this finding? "TH cannot be excluded".... oral swabs?

ETA I'm almost certain it was the oral swabs. Findings from the other swabs reported below.
 
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  • #1,319
another very good witness, explaining her testing, and TH or his male relatives couldn't be excluded from YSTR DNA testing on her vaginal, oral, or anal swabs
 
  • #1,320
anal and vaginal swabs, TH cannot be excluded, 95% likelihood a male in his family tree
 

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