GUILTY UK - Lee Pomeroy, 51, stabbed to death on train, Surrey, 4 January 2019

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Sarah Hajibagheri‏ @SaraHajibagheri 1m1 minute ago
Jacob Hallam questions why Chelsea Mitchell hadn’t asked Pencille more about his injuries. Jury have been shown the deep wounds on Pencille’s body from the attack on Lee Pomeroy.

 

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Sarah Hajibagheri‏ @SaraHajibagheri 1m1 minute ago
Mitchell says Pencille “smoked it (cannabis) on a daily basis”. Hallam repeats that Pencille used cannabis daily but not his medication. He asks Mitchell what impact cannabis had on him-she says he should ask him. Hallam: “I can’t ask him as he’s decided not to give evidence”.

 

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Sarah Hajibagheri‏ @SaraHajibagheri 25m25 minutes ago
Hallam asks if Pencille had been the victim why he didn’t go to the police but instead contacted his solicitor? In the video of Pencille’s injuries taken by Mitchell, Pencille is captured saying “I can’t stab myself”. Hallam suggests the couple were talking about the stabbing.

Sarah Hajibagheri‏ @SaraHajibagheri 17m17 minutes ago
Both Mitchell and Pencille’s phones searched whether there was CCTV at London Road station. Mitchell said Pencille had both phones and she hadn’t made the searches. Break for lunch now. Trial resumes at 2pm.

 

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Sarah Hajibagheri‏ @SaraHajibagheri 3h3 hours ago
Extracts from Chelsea Mitchell’s letter to Darren Pencille in prison: “I miss you so much, everything is falling apart. Losing everyone I love and all I want is my family back. Cut so many people off. My mum has just found out she has cancer, tumour is big.”

Sarah Hajibagheri‏ @SaraHajibagheri 3h3 hours ago
Mitchell’s letter continues: “Finding everything so hard. All I want is you by my side. Anyway you keep fighting through as I’ll be by your side!” She later writes: “I will come and see you soon ok just need a hug off you. Just stay strong as everything is coming up soon.”

Sarah Hajibagheri‏ @SaraHajibagheri 3h3 hours ago
Chelsea Mitchell says the radio was on in the car as she drove Pencille. Jury hands in a question which is read by Jacob Hallam QC - did Mitchell hear no news reports on the local radio about the stabbing on the train? She says she did not.

Sarah Hajibagheri‏ @SaraHajibagheri 1h1 hour ago
Clinical psychologist Dr Peter Stevens is now giving evidence about Chelsea Mitchell’s “intellectual functioning”. He says she is in the bottom 5% for comprehension fo her age group. Her full scale IQ is 67 - so in the bottom 1%. Her ability to process things is extremely slow.

 

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Sarah Hajibagheri‏ @SaraHajibagheri 1h1 hour ago
Clinical psychologist Dr Peter Stevens is now giving evidence about Chelsea Mitchell’s “intellectual functioning”. He says she is in the bottom 5% for comprehension fo her age group. Her full scale IQ is 67 - so in the bottom 1%. Her ability to process things is extremely slow.

I'm not buying this. I wonder if the jury will. I'm not saying she's smart, but it seems to me that she might have had an interest in not performing so well in such a test.

She managed to learn how to drive a car and pass a timed theory test.

Knew how to get to him at wherever he got off the train.

She has also demonstrated lots of other skills and answered the prosecutor's questions with a level of canniness - suggesting to me that she is not so "extremely slow" -

"He asks Mitchell what impact cannabis had on him-she says he should ask him."

 

[Alyce]

Chelsea Mitchell then bought Darren Pencille some cannabis and food from Burger King.
He then suggested they go to Frensham Pond to let off lanterns for their stillborn child. Mitchell drove as Pencille doesn’t have a driving licence.
Chelsea Mitchell’s phone makes internet searches about the incident on the train during their journey to the ponds. Mitchell says Pencille was using it as she was driving. He then phoned his solicitor.
LIVE: Train killing trial - Victim's family leaves court as CCTV shown of stabbing

snipped by me
do police have the knife or was it put into the pond ?
why didnt Pencille use his own phone ?

 

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I don't know if they found the knife. Anyone else find that google is not as good as it used to be for searching terms? It brings up articles that are totally irrelevant, even with quotes around the words.

I may have missed it in the thread, but I did find this

Feb 7th - "Mr Pencille also denied a charge of possession of an offensive weapon."

Jun 26th - "Darren Pencille denies murdering Mr Pomeroy but admits possessing a bladed article."

 

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This article was from yesterday

Giving evidence today, Mitchell told jurors Pencille was 'quite paranoid about his food and drink' and would not have either if he thought someone had touched it.

Similarly, his 'instinctive reaction' would be to throw away any clothes with holes or stains, the court heard.

[..]

Mitchell said she was 'surprised' to see the images, adding: 'I didn't know he had an album on his phone of this.'

She remarked that the knife used to stab Mr Pomeroy had 'a pretty big blade' and confirmed Pencille would be at her flat 'pretty much all the time unless he was going to see his family'.

'But I never saw a knife at the house,' she added.

Train passenger accused of murdering father 'smoked cannabis every day that could make him paranoid' | Daily Mail Online

 

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Sarah Hajibagheri (@SaraHajibagheri) | Twitter

Back at the Old Bailey where the final evidence in Darren Pencille’s murder trial is being presented. Agreed medical record states he had been treated for psychotic problems and has been diagnosed with paranoid schizophrenia. More recently he suffered from a personality disorder.

This personality disorder was complicated Pencille’s use of cannabis. He was seen by a psychiatrist on the 3 January 2019 - the day before he killed Lee Pomeroy. He was not deemed depressed by the psychiatrist. He described his main problem at the time as mood instability.

Mrs Justice Cheema-Grubb tells the jury that in this case Mr Pencille’s mental health “does not help to establish a defence of diminished responsibility”. His defence is that he acted in self defence...”there is no evidence to suggest a defence of diminished responsibility”.

 

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Central Criminal Court 5 T20197047
T20190037
Chelsea Phyliss Mitchell
Darren Pencille
Details: Trial (Part Heard) - Resume - 10:10
Trial (Part Heard) - Summing Up - 10:42
Trial (Part Heard) - Prosecution Closing Speech - 11:17

 

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Sarah Hajibagheri (@SaraHajibagheri) | Twitter

In his closing speech Jacob Hallam QC says Lee Pomeroy “never laid a finger” on Darren Pencille before the attack. He was stabbed 18 times in 25 seconds.

Defence Justin Rouse QC: “If Lee Pomeroy had just stopped and walked away, it would have all been over. It was like a cat with a mouse. One of them was enjoying themselves and one was truly frightened.” He describes Pencille’s mental health as “the elephant in the room”.

 

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Sneaky, imo. As his counsel he will no doubt have advised him to plead guilty with diminished responsibility, if he wanted to play the mental health card. The way I understand the difference is that one says the threat to life was real and the other says it was imagined. You don't really expect to have people free on the streets killing others with zero consequences, because of their severe mental health problems.

 

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Central Criminal Court 5 T20197047
T20190037
Chelsea Phyliss Mitchell
Darren Pencille
Details: Trial (Part Heard) - Resume - 11:00
Trial (Part Heard) - Summing Up - 11:11

 

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Sarah Hajibagheri‏ @SaraHajibagheri 1h1 hour ago
The Jury at the Old Bailey have started deliberations on whether Darren Pencille is guilty of the murder of Lee Pomeroy who he stabbed on a train in January. They must also decide whether his girlfriend Chelsea Mitchell is guilty of assisting an offender.

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Central Criminal Court 5 T20197047
T20190037
Chelsea Phyliss Mitchell
Darren Pencille
Details: Trial (Part Heard) - Resume - 11:00
Trial (Part Heard) - Summing Up - 11:11
Trial (Part Heard) - Jury retire to consider verdict - 13:00

 

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Trial (Part Heard) - Case adjourned until 10:00 - 16:41

 

[CoverMeCagney]

I hope they're both found guilty.
20 years for him (preferably LWOP given his previous)
2-4 for her (but probably suspended)

Higher?
Lower?
Anyone think he might be found not guilty?

 

[Tortoise]

I hope they're both found guilty.
20 years for him (preferably LWOP given his previous)
2-4 for her (but probably suspended)

Higher?
Lower?
Anyone think he might be found not guilty?

Well if I was the judge I'd give him 25. Just for the number of times he stabbed him, carrying a knife, and his age and not learning anything from his past crimes.

I think as you say, 4 for her, serve 2.

 

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Central Criminal Court 5 T20197047
T20190037
Chelsea Phyliss Mitchell
Darren Pencille
Details: Trial (Part Heard) - Jury retire to consider verdict - 10:13

 

[CoverMeCagney]

Central Criminal Court 5 T20197047
T20190037
Chelsea Phyliss Mitchell
Darren Pencille
Details: Trial (Part Heard) - Jury retire to consider verdict - 10:13

You reckon we might get a verdict today?

 

[Tortoise]

You reckon we might get a verdict today?

Yes, I'm hopeful.