Gateway murder trial

Posts Tagged ‘Oct 14 testimony

Jury instructions

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The jury will now receive their instructions on deliberations.

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Written by Melissa Hudson

October 14, 2008 at 2:40 pm

Posted in Day 9

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Still going over jury instructions

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The state and defense are still going over jury instructions…not much to report at the moment.

Written by Melissa Hudson

October 14, 2008 at 2:12 pm

Posted in Day 9

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Jury instructions

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Third degree murder count still an issue. Prosecution checked into it during the lunch hour.

Prosecution is putting into evidence two related cases (related to the third degree murder issue).

The defense objects to the and/or wording in the verdict form in count three (the burglary charge).

Written by Melissa Hudson

October 14, 2008 at 1:43 pm

Posted in Day 9

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Back from recess

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Written by Melissa Hudson

October 14, 2008 at 1:29 pm

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Recess until 1:30

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We’re recessing until 1:30 then the jury will receive their instructions.

Written by Melissa Hudson

October 14, 2008 at 12:19 pm

Posted in Day 9

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Prosecution rebuttal

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Says Fred wasn’t truthful during his statements on December 27th and 29th. Garber says they weren’t voluntarily given, but Prosecution says there was no coercion. He voluntarily talked to detectives.

“Don’t be distracted, please,” Kunasek said.

Defense says there’s nothing connecting Fred’s bike to the crime. Prosecution says the bike has been thoroughly cleaned.

Fred got to the police station the first day he drove his mother’s car.

Says the bike was too clean to get any evidence off of it.

Says Michelle’s body is in the crime scene, Cooper’s DNA is on Michelle, which is in the crime scene – so he’s tied to the crime scene.

The blood on the shoes was on the laces. The blood was female, that’s all the experts could tell.

Says the motorcycle trunk was big enough to fit quite a few items in it.

As for the camo jacket, it’s very important for several reasons. The first  – the camo jacket is unique pattern.

The witnesses looked at the camo jacket, they said the jacket was the one they saw. It also has a hood, which the boys saw the man put up his hood.

“Folks these are not crazy sets of circumstances”

The cleaning of the jacket. Defense says cleaning in the open is not evidence of guilt. Prosecution says the damage was done, the evidence was gone.

If he did it in the shed or in the open it doesn’t matter, the result was achieved.

“You can’t swallow the reason he gave yesterday, It’s impossible”

Not logical that he decided to clean the jacket just before giving it to detectives.

“It’s preposterous”

And he happened to decide that day to tear out the lining of the jacket.

“YOu decide what’s reasonable. You use your common sense”

Defense wants to throw out any of the identifications. Lynne Craven – says the event didn’t mean much at the time, but it meant something when the back of the hair stood on end.

She was face to face, shook his hand and spent five minutes with him.

She took her time with the photo lineup. When she made her choice, she chose number 3. Ryan told her to write down what she said, “it looks like number 3”

Work records – Common sense, the mechanics can come and go. The records don’t mean he was there.

The pink rag – says the defense is trying to link the rag to the crime scene. But the DNA profile didn’t match anyone in the case. What does it mean? The person who had the rag was bleeding.

“The rag has nothing to do with the case. It was collected and processed”

Lividity of Steven. The time of death can never be exactly determined. Consistent with between 11:30 pm and 3, 4 a.m.

Defense says someone else was there…prosecution says there’s a difference between an allele and a profile. There was no other profile in the crime scene. There were some alleles that were there, contamination. Just no other profiles.

“Don’t get diverted”

“Don’t reward the defendant for taking the stand.”

Prosecution rests.

Jury going to lunch, we’ll have jury instructions after lunch, then the jury will begin deliberations.

Written by Melissa Hudson

October 14, 2008 at 12:18 pm

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.

Written by Melissa Hudson

October 14, 2008 at 11:57 am