UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #2

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  • #661
I was expecting the semen at the scene to be discussed today with the forensics

Me too. I'd imagine it will need to be tomorrow morning with the prosecution's final witness.
 
  • #662
  • #663
Unless there was no semen (unlikely?)

If there's no semen then I'll be quite surprised. Especially with the defence that has been claimed. But you never know, I think that would go towards making a not proven verdict more likely.
 
  • #664
Unless there was no semen (unlikely?)

The prosecution is obliged to furnish the defence with all relevant evidence (even if it undermines their case) long before a trial begins. I would say the defence knows semen evidence is available otherwise why bother coming up with the condom stuff.

Precognition (Scots law) - Wikipedia
 
  • #665
  • #666
The prosecution is obliged to furnish the defence with all relevant evidence (even if it undermines their case) long before a trial begins. I would say the defence knows semen evidence is available otherwise why bother coming up with the condom stuff.

Precognition (Scots law) - Wikipedia

Precisely. Why create the Defence story that he had produced if he doesn't need to.
 
  • #667
Another long term lurker here

Alesha was wearing a vest, pants and shorts. That doesn’t sound like nightwear to me. It’s possible she wasn’t taken from her bed, so perhaps the accused did not enter the house, hence the lack of fingerprint evidence. She may have got up and heard him downstairs and bumped into him in the hallway or even outside if she opened the door herself.

He may have known that the key was left in the door though and that was why he asked the question about how Alesha could have been taken from the house. He was trying to further upset the family.
 
  • #668
Today's forensic witness specialised in fibre evidence so I expect it will be a different expert tomorrow to discuss the DNA findings.
 
  • #669
Precisely. Why create the Defence story that he had produced if he doesn't need to.

Yup. So, unless we are missing something, the case in chief is basically over.
 
  • #670
Today's forensic witness specialised in fibre evidence so I expect it will be a different expert tomorrow to discuss the DNA findings.

Agreed. Interestingly I've mentioned being a witness in a high court case not too long ago where Iain McSporran led the prosecution. And it turns out the same scientist for fibres Sarah Jones was also a witness in that trial too. Wonder if it will be the same DNA person - I suppose in Scotland the top cases have the top scientists on the job.
 
  • #671
Another long term lurker here

Alesha was wearing a vest, pants and shorts. That doesn’t sound like nightwear to me.

Vest means sleeveless undershirt. Pants means underwear. Shorts means shorts.
 
  • #672
Another long term lurker here

Alesha was wearing a vest, pants and shorts. That doesn’t sound like nightwear to me. It’s possible she wasn’t taken from her bed, so perhaps the accused did not enter the house, hence the lack of fingerprint evidence. She may have got up and heard him downstairs and bumped into him in the hallway or even outside if she opened the door herself.

He may have known that the key was left in the door though and that was why he asked the question about how Alesha could have been taken from the house. He was trying to further upset the family.

Vest, pants and shorts is pretty typical nightwear for a young girl in the summer I’d say.
 
  • #673
Vest means sleeveless undershirt. Pants means underwear. Shorts means shorts.

Not sure if you’re translating for my benefit or for others Speaking a local, this isn’t what kids wear to bed.
 
  • #674
Not sure if you’re translating for my benefit or for others Speaking a local, this isn’t what kids wear to bed.
I'm half Brit (grew up on both sides of the Atlantic) and this is exactly what we'd wear in summer. What should she have been wearing?
 
  • #675
So, there's no location data from the iphone?
 
  • #676
  • #677
I'm in the US but alot of summer pajama sets are tshirts and shorts here
 
  • #678
Another long term lurker here

Alesha was wearing a vest, pants and shorts. That doesn’t sound like nightwear to me. It’s possible she wasn’t taken from her bed, so perhaps the accused did not enter the house, hence the lack of fingerprint evidence. She may have got up and heard him downstairs and bumped into him in the hallway or even outside if she opened the door herself.

He may have known that the key was left in the door though and that was why he asked the question about how Alesha could have been taken from the house. He was trying to further upset the family.

I thought it was a top and shorts type of nightwear. Perfect for summer.

I agree re the meeting outside the actual flat - quite possible. We know Alesha was up and awake in the early hours ( per RMs testimony ). Quite feasible to believe she wandered out of the main flat onto the stairwell, and then, unfortunately, met the accused who had gained access to the stairwell via the unlocked ground floor door.
Would also explain the fact that only one palm print was found on the rail - he didn't go too far up the stairs, before seeing Alesha and taking her.

I also agree with you re the accused comment - he knew exactly how Alesha had been taken out of the house - so he was having another subtle dig at the family, making them feel even worse for having left the door unlocked.
 
  • #679
It’s possible she wasn’t taken from her bed, so perhaps the accused did not enter the house, hence the lack of fingerprint evidence. She may have got up and heard him downstairs and bumped into him in the hallway or even outside if she opened the door herself.

He may have known that the key was left in the door though and that was why he asked the question about how Alesha could have been taken from the house. He was trying to further upset the family.

This is my thought. That he went there to get drugs and when he arrived found her, either downstairs (on the main floor of the flat rather than up in her bedroom) or perhaps even in the stairwell. I've not seen the property specifically but i've lived in a cottage flat and the door to the property is at the bottom of the stairs. There was no door at the top in mine, it was the bottom door, stairs up into an open hallway with all other rooms leading off. The rail for a stair lift is usually against the skirting, a mere 8-10 inches from the treads, palm prints on it would indicate he was crawling up the stairs (quietly?). It makes no sense to me that they'd have a stairlift fitted to a bit of property effectively "outside" their home. I think he probably let himself in, crept up the stairs, found Alesha and decided on the spur of the moment to take her.

How does the CCTV of him first leaving tie up with the phonecalls to TM and Alesha's dad? Could he have been trying to call them to say he had Alesha already? Her clean feet would suggest she didn't leave the actual building herself, but she could easily have been on the stairs or at the top of them, she was known to sleepwalk. Perhaps he initially took her as a bargaining chip for drugs, but when he got no reply changed his mind?
 
  • #680
This is my thought. That he went there to get drugs and when he arrived found her, either downstairs (on the main floor of the flat rather than up in her bedroom) or perhaps even in the stairwell. I've not seen the property specifically but i've lived in a cottage flat and the door to the property is at the bottom of the stairs. There was no door at the top in mine, it was the bottom door, stairs up into an open hallway with all other rooms leading off. The rail for a stair lift is usually against the skirting, a mere 8-10 inches from the treads, palm prints on it would indicate he was crawling up the stairs (quietly?). It makes no sense to me that they'd have a stairlift fitted to a bit of property effectively "outside" their home. I think he probably let himself in, crept up the stairs, found Alesha and decided on the spur of the moment to take her.

How does the CCTV of him first leaving tie up with the phonecalls to TM and Alesha's dad? Could he have been trying to call them to say he had Alesha already? Her clean feet would suggest she didn't leave the actual building herself, but she could easily have been on the stairs or at the top of them, she was known to sleepwalk. Perhaps he initially took her as a bargaining chip for drugs, but when he got no reply changed his mind?

The calls I believe were around 10 mins before he left. I think he called them around 1.39-1.47am and camera caught him leaving at 1.58am. The calls he made were to RM first, and then TM.

The call timing is one of the big things for me - if he apparently met TM for an illicit affair in the shed, why would he call her partner 10 mins before calling her, which went unanswered? Additionally when she asked why he called he told her "doesn't matter". If they had met, why would she ask why he called after having met him? Makes zero sense.
 
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