Gateway murder trial

Posts Tagged ‘Defense

Defense cont’d

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Garber is talking about state’s DNA evidence on the nightgown. The DNA lab got a partial profile. He says there’s foreign DNA to Fred and Steven.

“There’s foreign DNA on that nightgown”

Also says DNA can be washed off. She probably washed it fairly often.

He says the DNA on th einside ofthe nightgown has foreign DNA in it.

The DNA on the pink rag didn’t match anyone.

The fingernails had a foreign allele.

“All of this evidence is consistent with what Mr. Cooper has said.”

They have tried to link him to the scene and the Andrews to the motorcycle. Garber says nothing links him to this crime.

Says they failed to test the bedsheet.

Michelle had defensive wounds.

There were stains with directionality on the sheets, yet they weren’t tested.

That and there are foreign alleles present.

Garber says he’s tried to show reasons for doubt, when looked at without emotion, Cooper is not guilty.

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Written by Melissa Hudson

October 14, 2008 at 11:57 am

Defense cont’d

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Detectives used Kellie and his relationship turmoil to lure him down there to give her an alibi.

That statement isn’t voluntary under those circumstances, according to Garber.

They told him reading him his rights was merely a formality. Said formality five times.

How voluntary was this statement, Garber asks.

The last thing Cooper wants Kellie to know is that he had a one night stand with Michelle Andrews. His relationship is already rocky.

This is the large part of why he wasn’t truthful to the police.

He went down there to give Kellie an alibi

“What I see here is loyalty and betrayal”

Says Kellie had never mentioned Cooper told her about the 7-11 meeting with Michelle. “another betrayal”

“Suspicious cleaning of the jacket” occurred out in the open in a wide open area visible to Jim Peters.

One stall at the end has a partition, but cleans it right in the open.

“Cuts out the liner and throws it right on top of the trash where it was later collected”

Cooper apologized to Det Ryan and says he had the jacket the whole time.

“It just doesn’t add up, ladies and gentlemen”

The morning of Dec 27 he wears the camo jacket to work. Why did he wear it, because there wasn’t any blood on it.

Bike doesn’t have a windshield, so it’s dirty with road grime and bugs.

Shows jury a photo of surveillance from Sunsports.

“That’s the bloody jacket, suposedly, he wore it to work”

Mr. Jimmo wasn’t confident in his identification.

It’s important to note both men testified it was a very early hour of the morning. (Mr Lukomski’s statement and Jimmo’s statement).

Kellie testified Fred came into her bedroom the morning of the 27th. She guessed it was 6:30 a.m. but it was getting light out.

“You can’t be two places at once ladies and gentlemen”

Walter Ryan drove it – it’s 24 miles, 30 minutes to get from Village Walk to Gateway.

The evidence indicates it wasn’t Cooper the people saw. Camo jackets are common, hundreds are sold every year.

On Dec 26th, Tinsley says she didn’t get a good look at his face. She walked the dogs around 11 p.m.

Garber says witnesses said Cooper’s appearance is similar to the man they saw that night, but so are thousands of others.

The photos at the 7-11 show Fred going by the gas pumps at 10:31 p.m. Everyone testified they saw the man at 11 p.m.

Garber – A trial is the search for the truth, Fred Coope rhas tried to bring you the truth here today. Did he use bad judgement lying to police in this investigation, yes he did. No question about it. the fact he was untruthful, plagued with guilt…turmoil that was going on with these families during that time. The state would rely on the testimony and identification by Jimmy Lynn Craven.

She sees Fred on TV when he appears in court he’s wearing a red jumpsuit, with cuffed hands. She says he looks similar to number three, but it could be six.

He says Craven’s identification, Garber says it was a subtle situation where Walter Ryan was trying to steer her towards the suspect.

Her statements changed that the man was there five minutes, then ten minutes. Her description was vague until getting help from Det Ryan who has an interest in the case. Saying Ryan may not have done it intentionally (allegedly influencing Craven’s ID).

We have work records from Sunsports saying Fred was at work, all day, with no lunch break on the day the man asked Craven for the gate code to Cypress Pointe. (7:36 am out 5:53)

Says Fred was good about clocking in and out.

On the 7-11 video Fred did not have a bag, backpack or helmet bag.

They didn’t find any DNA on the motorcycle.

he gave permission for them to search his home twice.

“the pink rag is not a mechanic’s rag as the prosecution would have you believe” It was an irregular size. It was just a suggestion, not evidence.

There was a DNA profile of a man who did not match Steven or Fred.

The lividity of Steven shows he was killed sometime around 3 am, said Garber.

Fred didn’t try to hid his lies from the courtroom. Said he didn’t want anytone to know about his relationship with Michelle, so he lied to detectives.

Fred tells Kellie, because he knows it will come out when he’s arrested. Before that he didn’t think he was a suspect.

Says Fred came out with the information about him and Michelle when he knew it would come out and that’s why he finally started telling the truth.

Prosecution objects…15 minute recess

Written by Melissa Hudson

October 14, 2008 at 11:28 am

Defense closing

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Reasonable doubt can come from the evidence, conflict in the evidence, doubt of the evidence.

Sympathy can’t cloud jury’s judgement.

December 2005 was a time of turmoil for these two couples. they became intertwined because of that.

Kellie and Steven were having an affair and Michelle suspected it. She wanted to save her marriage and had confronted Kellie about it.

A phone conversation – Kellie tried to call Steve to help her move some items, Michelle intercepted that call and told Kellie not to call her husband to help Kellie move.

As these things unfold. Michelle is becoming more and more concerned with her marriage. She’s looking for someone to reach out to, someone who can help her save her marriage.

That person she turned to was fred Cooper.

She called him at work because she would have access to his work number. The contact sheet from Outside Productions was also found int he Andrews home. It had Fred’s work number on it.

McGruther says there’s importance to the fact there’s no record of the calls between Michelle and Fred.

Michelle won’t want to p u blicize the fact she’s doing this. This is something that’s very, very personal to her.

She calls fred and they meet at Unos. they find out they both want to save ethier relationships. They’re both feeling the same things.

She found an ally in Cooper. Someone who was going through the same thing.

They aren’t just trading information…also exchanging common feelings theyr’e going through. Showing compassion for each other.

It culminates inDec 26th meeting.

Michelle tells Fred Steven admitted the affair to her.

They’re both upset and “one thing leads to another and there’s consensual sex”

“McGruther will have you believe it’s a concocted story from Mr. Cooper”

Det Ramsey says DNA doesn’t lie and that’s when Fred says he had sex with Michelle.

Fred calls Kellie and Ramsey listens to the call he tells Kellie about his relationship with Michelle because Kellie’s going to find out. He’s got to come out with th etruth. Says he wants Kellie to hear it from him.

Deputies spend three days at the crime scene, going over it thoroughly. They send Cooper’s DNA to the two labs for comparison of the DNA compiled from the murder scene.

Collected blood from the room and from the victims

State says the target of the crime was Steven Andrews. But that doens’t fit with the crime scene. There’s a very, it’s very apparent Michelle was posed in the position she was put in.

“She could be the target of this crime’

Steven’s genitals were not injured in any way and the only wound was the gunshot wound.

“There could be another motive that’s unknown to us that caused these killings”

“They send all this sdtuff away to these crime labs and come up with no connection with Fred to this house, other than Michelle’s right hand fingers, swabs of those and the nightgown, where there’s DNA that’ sconsistent with Freds.”

We also find out that Fred is excluded from the left hand finger swabs.

“Fred was scratched on both forearms, yet Fred was excluded from everything but the right hand swabs” (Also on the nightgown)

Dr. Hamilton says Michelle had sex before her death.

Michelle had deefensive wounds and may have scratched the perpetrator.

“SHe stayed fit, put up a fight”

One of the flaws in the investigation, is the bedding was never tested (ie the sheets, duvet, etc)

Garber: When you have evidence that may have DNA from the perpetrator, that’s a failure or weakness of the investigation

They took Fred Cooper’s bike on the 29th, took it apart and tested the parts. they found no blood or DNA on the bike. Only found Cooper’s DNA on key fob.

Same thing with the gloves, they found Fred’s DNA but no one else’s.

They took Fred’s shoes. One had DNA of a female, not Michelle or Kellie. Another pair of shoes had blood, not Michelle or Steven’s DNA.

“They left no stone unturned to link him to the crime scene.”

Written by Melissa Hudson

October 14, 2008 at 10:47 am