**Sorry if this is getting confusing, since his 'first' closing arguments were broken down into 4 parts. After TW made his closing statements, DAJR was given the opportunity to speak again, as per law, as explained by TW in his closing arguments that the Prosecution gets to go AGAIN after him.
DAJR TORE THE DEFENSE APART. This was truly the end of the case, he left no doubt, he went through TW's statements one by one, accentuating the falsities and ridiculousness of it all.
"Skillful argument to make you fearful of returning a verdict." -DAJR directly to the Jury. He was direct, obviously heated, and went on to explain how his statements tried to do this (the just of one: ~"There was that 9 loci DNA profile on the rope the Prosecution checked CODIS for a match. It is still in the CODIS database, still being searched. Wont you feel terrible if you return a verdict of Guilty, and years later CODIS turns up a match for that profile? I mean you may have convicted an innocent man in that case."). He really did try to instill fear and doubt through 'what ifs' and gross speculation.
**DAJR then came back to TW's statement about "the Prosecution makes arguments about evidence that aren't proven." Explaining that TW went on to make arguments about evidence that aren't proven, just as he warned the Jury against. And even worse, TW made arguments against evidence that IS PROVEN. DAJR tore him up for this BADLY. I was watching TW for his reaction and he looked emotionally beat, he knows this trial is coming back with a guilty verdict, he is probably just wondering on which count so that he can continue to prepare for their appeal.
**I have notes for it, but I am sure at which point during DAJR's closing it occurred: McClish turned around to his family in the stands, and shrugged with his arms completely outstretched in a manner so obvious the Jury couldn't have missed it. The look on his face was equal parts 'this is over,' 'F-me,' 'sorry guys.' He knows he is guilty. He must know the Jury is leaning towards it. I would say it is the point he truly lost all hope.
**When talking directly about TW, DAJR said that he uses small mistakes (like one testimony that said 1.2% and not 0.12%) to attempt to show that ALL of their testimony was untrustworthy. DAJR said he could do this too, say for example: when TW spoke about the witness that identified Asha's car in a 'sound lineup' of 4 vehicles, as well as by its "headlights." That in fact when he said the "headlights were similar, it was not actually the headlights but the taillights he identified as being similar. People make mistakes (he pointed at TW) it doesn't mean they are trying to shift or sway the opinion of the Court." It was great. He was saying I could stoop to your level, TW, but I am above that because it is petty. Now here is an example of how I could be petty like you. I was laughing, and the Jurors seemed equally as amused. I didn't take notes after this point because of the speed with which DAJR was talking. In this moment more than any other in the trial, he really showed that pedigree he has, and his father was there to see it which was truly awesome. He was perfectly in his element, completely comfortable, and it showed in spades. Honestly I feel like his talents might be wasted being a DA in a small county like Santa Cruz. I know he is a native, but I think if he moved to a larger court no one could say they didn't expect it. Certainly no one could resent it.
Wednesday, November 23, 2011
Defense Closing Statement
"The Judge said at the start of the trial not to judge the trial by how many witnesses are called by either side, and I am going to ask that you not judge by the length of closing arguments."
**Yes, this was TW's opener in his closing statement. Brought to you by the same guy that opened the trial by saying that he could sit on his side of the courtroom silent. Not ask any questions of the witnesses called by the prosecution. Not call any witnesses of his own. Not call the defendant to testify on his own behalf. And if the Jury feels that the Prosecution has not proven all of the elements in the case that it is their civic duty to return a verdict of not guilty. Genius.
**TW went on to talk about the impact the murder had on the community, and the big deal it was for Law Enforcement in a small county. And that somehow this made them rush the investigation and falsely point it at McClish. But the trial is taking place 5 years after the murder occurred, can anyone explain to me how that is rushed? I guess if you take into account part of those 5 years were spent on the rape, sodomy and intent to harm charges that he was investigated for, tried for, and convicted by a group of his own peers on. But the defense couldn't bring that up, now could they?
**In talking about Brzozowski starting the probe of Michael McClish in this case on false information (the idea that McClish was the father of Asha's unborn child), TW says that the investigation was falsely focused on McClish from the start, and that evidence was shoe-horned to paint him as the murderer. BUT McClish AND Asha both thought that McClish was indeed the father, or at least that it was a strong possibility. McClish eluded to Melissa that he COULD be the father of the child, even months after Asha's body was found. Not only was TW's point here shaky, it was a fallacy. IT DOES NOT MATTER THAT MCCLISH WAS NOT THE FATHER OF THE CHILD, ONLY THAT HE THOUGHT HE WAS.
**Another joke of an argument that TW used to paint McClish as an innocent man is how unprepared he was for Brzozowski's questions focusing on why Asha might think he was the father, after McClish had just told Brzozowski that they did not have an intimate relationship. Really, so lying poorly to the Police is an indication of innocence? If anything it is an indication of perjury and obstruction of justice. TW is worried about McClish being painted as a guilty man because of his past convictions, but he readily provides some of his crimes, and the attempt to conceal those crimes, as his defense (driving on a suspended license: violation of California Vehicle Code 14601, carries mandatory jail time and is considered a misdemeanor when the license was suspended for a DUI conviction, as McClish's was. Lying to investigators is obstruction of justice, which also means jail time). So he is offering up crimes that the Defendant committed as possible reasons for innocence? But the Jury cant hear about his prior charges a Jury of his peers convicted him of? Even when said convictions are directly related to this case? Going back to the idea that him being unprepared to lie about his relationship with Asha is an indication of innocence: Him not being prepared could merely be (and is more likely to be) because he was arrogant enough to think that Asha had not told others of their affair. He thought it was a secret still, that nothing from the crime would point back to him. But when it did (as Brzozowski inquiring as to the reason why Asha thought her child belonged to him suggests) he began acting strangely, and covering up or distancing himself from any aspect surrounding the murder. If anything I would say his actions during Brzozowski's inquiry and his subsequent actions point at guilt and nothing else.
**TW went on to talk about Darkness vs. Sunset. Again, I was rolling my eyes, and most of the Jury seemed to as well, because those of us that live in the Valley know, it gets dark here much earlier than anywhere nearby. Official sunset times for Santa Cruz City would be off by hours if applied to the Valley, because IT IS A VALLEY that runs mostly North/South, and the eastern ridge blocks light... There was even testimony, that the DEFENSE CALLED, that explained that it gets dark, and really dark, much earlier up Love Creek than elsewhere in Santa Cruz County. A side note here, when TW was addressing the Jury here, he made a joke about Twilight, the 'popular' 'vampire' franchise. So while DAJR ends the trial with emotion, seriousness, and vivid pictures of a heinous crime, TW is laying out pop culture jokes. One Juror cracked a smile, the rest looked disgusted. And what was he thinking? Most of the Jury is older. IF THEY EVEN KNOW WHAT TWILIGHT IS, they will think the joke is in poor taste with even poorer timing, and if they don't know what Twilight is, they will just think he is a jackass. Attempting to mimic DAJR's bond with the Jury, this late in the game, through a poor attempt at humor furthers my opinion that the Defense has been grasping at straws since day 1. If anything you look like a sleezeball. And I am sorry to say this because I am sure TW is a fine and decent person (even if he is a Lawyer!), and he has tried his best to put up a defense (even if it was based on confusing the Jury and those that testified with fudging dates CONSTANTLY), but he had nothing to work with. He can't put McClish on the stand, his family wont allow it because they know how poorly it went during the rape trial. And deep down, they must know he is guilty, as offering himself up to DAJR's questions would prove his guilt in a matter of seconds. Really, "So have you ever been convicted of a crime, Mr McClish?" /trial over.
TW said "the tarp particles [found on Asha's body and in McClish's truck] are distinguishable. And that DAJR saying that they are indistinguishable doesn't make it so." **Yes, I agree here. But the expert witness that testified they were indistinguishable DOES MAKE IT SO.**
"Mike is evil, and stupid" -This is a direct quote from TW. Don't believe me? Get court transcripts for 11/22/11.
**TW goes on to say that the Prosecution makes arguments about evidence that aren't proven. And then TW goes on to make arguments about evidence that aren't proven, and even worse arguments against evidence that IS PROVEN. Winner.
**In talking about Love Creek Road, TW says that people notice changes to it, it is not remote, and the body wouldn't have gone unnoticed. Thank God the defense isn't held to the same standards as the Prosecution! Why, even though this is blatantly untrue for anyone that knows Ben Lomond, does it matter? The answer is it doesn't. And if Love Creek isn't remote, that makes Santa Cruz a huge metropolitan city rivaling the likes of Tokyo.
**In regards to contamination of evidence, which TW spent a good deal of time on, he says that just because DAJR asked every person testifying that was involved with the investigation of the case about procedures, if they were followed to the letter, about chains of custody, locked doors, access to X piece of evidence, etc, doesn't mean there wasn't contamination. The only example he brings up as evidence of possible contamination is (I believe it was) Mata's shoe wear. He wore shoes at the scene Asha's body was found. He wore shoes at the Morgue. He wore shoes at the CSI garage. Clearly a bunch of evidence was transferred from his shoes to McClish's truck. Only when Mata was at the scene the body was found, the body was already fully enclosed in a body bag. So not evidence could have been cross contaminated from there. Mata has boots specifically at the morgue, used only at the morgue, and they are cleaned with bleach regularly. Clearly nothing hitched a ride on those shoes since they never left the morgue. And Mata was 'inside' McClish's truck, I believe TW's example was when he cut swatches from the passenger seat in the presence of Lara Walker, but his feet were never in the truck when he did that. Think about it, imagine yourself outside the passenger door of a truck. Now you want to cut section of the butt of the seat. Would you get inside of the truck, sitting/standing/kneeling in the legroom area, or would you be standing outside the truck, reaching in with your arms to cut the swatch? Standing outside is the obvious, more comfortable choice. It is also the more logical choice for an investigator collecting evidence while trying not to contaminate. So reason, common sense, goes to show he was outside the truck reaching in only with his arms. So how then does his footwear come to contaminate the truck. How do foxtails hitch a ride on his boots after miraculously falling off the victim, and then miraculously fall off his boots at the precise time they were [never] in the truck. and embed themselves in such a way that Lara Walker has to pry them lose from the carpeting that the drying blood has adhered them to? The answer, for anyone with common sense, is that they don't.
**Then TW went on to ask the Jury to think back at the demeanor of all of the people testifying when being asked questions by him vs. DAJR. He says they were in good spirits when answering DAJR's questions but not his own. I shed a tear for your hardships TW. This really came off like a child saying, "but they are mean to me!" Pathetic attempt to paint the testimony of seasoned expert witnesses as biased towards DAJR. And lets take a minute here, and even if we assume this is the case, what reason would they have to be short with TW? Could it be his asinine lines of questioning. His intentionally, and repeatedly fudging dates/times in an obvious attempt to confuse the witness, paint them as unreliable, and confuse the Jury? Maybe his constant assertions that there was contamination of the evidence due to their negligence, even though there is no proof of it, could be a reason why he might have perceived them having a poor demeanor with him. And there are expert witnesses that he could have called to get a different take, as some of the expert witnesses like Dr. Haskall testify 50/50 for the defense/prosecution, but there wasn't a different take to be had.
**TW then addressed the possibility of intentional evidence plants. I wont even lend this credence by going into it, other than to say it's absurd.
"It's not about where they found Asha's blood, it's where it wasn't found." -TW
**So it doesn't matter that a murder victim's blood was found in the car of someone that had motive? Someone that met with the victim the night they were killed? Someone that was about to be confronted by a situation that in the past they had made death threats over? Agree to disagree I guess TW, just realize it is probably 99.95% of the population that disagrees with you.
**Yes, this was TW's opener in his closing statement. Brought to you by the same guy that opened the trial by saying that he could sit on his side of the courtroom silent. Not ask any questions of the witnesses called by the prosecution. Not call any witnesses of his own. Not call the defendant to testify on his own behalf. And if the Jury feels that the Prosecution has not proven all of the elements in the case that it is their civic duty to return a verdict of not guilty. Genius.
**TW went on to talk about the impact the murder had on the community, and the big deal it was for Law Enforcement in a small county. And that somehow this made them rush the investigation and falsely point it at McClish. But the trial is taking place 5 years after the murder occurred, can anyone explain to me how that is rushed? I guess if you take into account part of those 5 years were spent on the rape, sodomy and intent to harm charges that he was investigated for, tried for, and convicted by a group of his own peers on. But the defense couldn't bring that up, now could they?
**In talking about Brzozowski starting the probe of Michael McClish in this case on false information (the idea that McClish was the father of Asha's unborn child), TW says that the investigation was falsely focused on McClish from the start, and that evidence was shoe-horned to paint him as the murderer. BUT McClish AND Asha both thought that McClish was indeed the father, or at least that it was a strong possibility. McClish eluded to Melissa that he COULD be the father of the child, even months after Asha's body was found. Not only was TW's point here shaky, it was a fallacy. IT DOES NOT MATTER THAT MCCLISH WAS NOT THE FATHER OF THE CHILD, ONLY THAT HE THOUGHT HE WAS.
**Another joke of an argument that TW used to paint McClish as an innocent man is how unprepared he was for Brzozowski's questions focusing on why Asha might think he was the father, after McClish had just told Brzozowski that they did not have an intimate relationship. Really, so lying poorly to the Police is an indication of innocence? If anything it is an indication of perjury and obstruction of justice. TW is worried about McClish being painted as a guilty man because of his past convictions, but he readily provides some of his crimes, and the attempt to conceal those crimes, as his defense (driving on a suspended license: violation of California Vehicle Code 14601, carries mandatory jail time and is considered a misdemeanor when the license was suspended for a DUI conviction, as McClish's was. Lying to investigators is obstruction of justice, which also means jail time). So he is offering up crimes that the Defendant committed as possible reasons for innocence? But the Jury cant hear about his prior charges a Jury of his peers convicted him of? Even when said convictions are directly related to this case? Going back to the idea that him being unprepared to lie about his relationship with Asha is an indication of innocence: Him not being prepared could merely be (and is more likely to be) because he was arrogant enough to think that Asha had not told others of their affair. He thought it was a secret still, that nothing from the crime would point back to him. But when it did (as Brzozowski inquiring as to the reason why Asha thought her child belonged to him suggests) he began acting strangely, and covering up or distancing himself from any aspect surrounding the murder. If anything I would say his actions during Brzozowski's inquiry and his subsequent actions point at guilt and nothing else.
**TW went on to talk about Darkness vs. Sunset. Again, I was rolling my eyes, and most of the Jury seemed to as well, because those of us that live in the Valley know, it gets dark here much earlier than anywhere nearby. Official sunset times for Santa Cruz City would be off by hours if applied to the Valley, because IT IS A VALLEY that runs mostly North/South, and the eastern ridge blocks light... There was even testimony, that the DEFENSE CALLED, that explained that it gets dark, and really dark, much earlier up Love Creek than elsewhere in Santa Cruz County. A side note here, when TW was addressing the Jury here, he made a joke about Twilight, the 'popular' 'vampire' franchise. So while DAJR ends the trial with emotion, seriousness, and vivid pictures of a heinous crime, TW is laying out pop culture jokes. One Juror cracked a smile, the rest looked disgusted. And what was he thinking? Most of the Jury is older. IF THEY EVEN KNOW WHAT TWILIGHT IS, they will think the joke is in poor taste with even poorer timing, and if they don't know what Twilight is, they will just think he is a jackass. Attempting to mimic DAJR's bond with the Jury, this late in the game, through a poor attempt at humor furthers my opinion that the Defense has been grasping at straws since day 1. If anything you look like a sleezeball. And I am sorry to say this because I am sure TW is a fine and decent person (even if he is a Lawyer!), and he has tried his best to put up a defense (even if it was based on confusing the Jury and those that testified with fudging dates CONSTANTLY), but he had nothing to work with. He can't put McClish on the stand, his family wont allow it because they know how poorly it went during the rape trial. And deep down, they must know he is guilty, as offering himself up to DAJR's questions would prove his guilt in a matter of seconds. Really, "So have you ever been convicted of a crime, Mr McClish?" /trial over.
TW said "the tarp particles [found on Asha's body and in McClish's truck] are distinguishable. And that DAJR saying that they are indistinguishable doesn't make it so." **Yes, I agree here. But the expert witness that testified they were indistinguishable DOES MAKE IT SO.**
"Mike is evil, and stupid" -This is a direct quote from TW. Don't believe me? Get court transcripts for 11/22/11.
**TW goes on to say that the Prosecution makes arguments about evidence that aren't proven. And then TW goes on to make arguments about evidence that aren't proven, and even worse arguments against evidence that IS PROVEN. Winner.
**In talking about Love Creek Road, TW says that people notice changes to it, it is not remote, and the body wouldn't have gone unnoticed. Thank God the defense isn't held to the same standards as the Prosecution! Why, even though this is blatantly untrue for anyone that knows Ben Lomond, does it matter? The answer is it doesn't. And if Love Creek isn't remote, that makes Santa Cruz a huge metropolitan city rivaling the likes of Tokyo.
**In regards to contamination of evidence, which TW spent a good deal of time on, he says that just because DAJR asked every person testifying that was involved with the investigation of the case about procedures, if they were followed to the letter, about chains of custody, locked doors, access to X piece of evidence, etc, doesn't mean there wasn't contamination. The only example he brings up as evidence of possible contamination is (I believe it was) Mata's shoe wear. He wore shoes at the scene Asha's body was found. He wore shoes at the Morgue. He wore shoes at the CSI garage. Clearly a bunch of evidence was transferred from his shoes to McClish's truck. Only when Mata was at the scene the body was found, the body was already fully enclosed in a body bag. So not evidence could have been cross contaminated from there. Mata has boots specifically at the morgue, used only at the morgue, and they are cleaned with bleach regularly. Clearly nothing hitched a ride on those shoes since they never left the morgue. And Mata was 'inside' McClish's truck, I believe TW's example was when he cut swatches from the passenger seat in the presence of Lara Walker, but his feet were never in the truck when he did that. Think about it, imagine yourself outside the passenger door of a truck. Now you want to cut section of the butt of the seat. Would you get inside of the truck, sitting/standing/kneeling in the legroom area, or would you be standing outside the truck, reaching in with your arms to cut the swatch? Standing outside is the obvious, more comfortable choice. It is also the more logical choice for an investigator collecting evidence while trying not to contaminate. So reason, common sense, goes to show he was outside the truck reaching in only with his arms. So how then does his footwear come to contaminate the truck. How do foxtails hitch a ride on his boots after miraculously falling off the victim, and then miraculously fall off his boots at the precise time they were [never] in the truck. and embed themselves in such a way that Lara Walker has to pry them lose from the carpeting that the drying blood has adhered them to? The answer, for anyone with common sense, is that they don't.
**Then TW went on to ask the Jury to think back at the demeanor of all of the people testifying when being asked questions by him vs. DAJR. He says they were in good spirits when answering DAJR's questions but not his own. I shed a tear for your hardships TW. This really came off like a child saying, "but they are mean to me!" Pathetic attempt to paint the testimony of seasoned expert witnesses as biased towards DAJR. And lets take a minute here, and even if we assume this is the case, what reason would they have to be short with TW? Could it be his asinine lines of questioning. His intentionally, and repeatedly fudging dates/times in an obvious attempt to confuse the witness, paint them as unreliable, and confuse the Jury? Maybe his constant assertions that there was contamination of the evidence due to their negligence, even though there is no proof of it, could be a reason why he might have perceived them having a poor demeanor with him. And there are expert witnesses that he could have called to get a different take, as some of the expert witnesses like Dr. Haskall testify 50/50 for the defense/prosecution, but there wasn't a different take to be had.
**TW then addressed the possibility of intentional evidence plants. I wont even lend this credence by going into it, other than to say it's absurd.
"It's not about where they found Asha's blood, it's where it wasn't found." -TW
**So it doesn't matter that a murder victim's blood was found in the car of someone that had motive? Someone that met with the victim the night they were killed? Someone that was about to be confronted by a situation that in the past they had made death threats over? Agree to disagree I guess TW, just realize it is probably 99.95% of the population that disagrees with you.
Prosecution Closing (part 3 cont.- part 4)
Asks Wife to Lie
Why only the night of the 9th?
Why only for a few hours?
Why only for a few hours?
Why not for other times?
Why does it match the time of the murder?
Why does it match the time of the murder?
**In regard to the excuse he gave Melissa to lie on his behalf:
The idea that McClish wanted Melissa to lie to the police about him being gone on the night of Saturday the 9th because of the implications (him driving on a suspended license) is bogus. He drove Sunday morning to the dump, and did not ask that she lie about that. So why would it matter if he was driving illegally less than 12 hours before, but not 12 hours later? Because he knew the time of death and was trying to Alibi up.
DAJR made it clear that there is coincidence, upon coincidence, upon coincidence in this case, all of which point at McClish being guilty. He met with Asha the night she died. He had motive. He had the tools of her death on hand. He had the temper required for such an egregious offense. He made threats to other females in the past that directly mirror the circumstances of Asha's death. He asks his wife to lie to police so he has an alibi for the time of the murder, before anyone but the killer knew it was a murder. He tries to distance himself from Asha by asking two of his mistresses to lie about his level of involvement with her. He tries to distance himself from the scene of the crime by calling the person that hired him for a job on Love Creek Road, less than 0.6 of a mile from where Asha was found, and canceling said job. He washed his car at a rate that would make anyone with severe OCD think he's crazy. He washed all of his clothes (hat included) that he wore September 9th just days after, when his entire house is littered with dirty laundry. Yeah that last one might seem a little shaky, but as DAJR stated, you must not look at each piece of evidence on its own. When you start to look at all of it in unison, it points to one conclusion: they are actions of a guilty man.
The Defense went out of their way to bring up the never found tarp and murder weapon. Let's talk about this. The first thing any murderer would do, as I have said before, is get rid of the murder weapon and anything the body came into contact with. McClish's dump run on Sunday COULD be coincidence, but it could also point to him getting rid of the weapon and tarp. McClish washing his truck could just be him washing his truck, or as the Defense tried to paint it, being a good father by engaging in a fun activity with his son. But if that's the case, it only explains him washing it on the 14th. What about the 12th when he washed it immediately after being interviewed by Brzozowski? What about the 13th? What about washing it TWICE, back to back, on the 14th? What about him using a power washer on it? Coincidence, Coincidence, Coincidence the Defense would have you believe.
And what about the Defense saying, "Look, Mr. McClish's answer to Brzozowski's question about the possibility of him being the father of Asha's unborn child was asinine, we can all agree about that." ~BUT it goes to show his innocence, because had he killed her don't you think he would have been prepared for such a question? ready with a better answer?~
**No, it does not show innocence. It goes to show he didn't think anyone else knew about his affair with Asha, or that he could be the father, or that she had told others that she planned to confront him about DNA testing to determine paternity. The Defense also went out of their way to say that the investigation focused on McClish because of a falsity, that he was the father (which he was not). What he doesn't say is that at the time, McClish THOUGHT he was the father, or at least the possibility that he was. Asha thought he was the father, a FACT proven time and time again by witness testimony from her pregnancy councilor, and her longtime friend whom she talked to about it frequently. Whether he was in fact the father or not is a moot point, all that matters is that both he and Asha thought he was (or again, could be). This lends credence to the idea that his motive in killing her was to protect his relationship with his wife and avoid public disgrace.
**This is really the most depressing facet of this case. He killed her because she was asking for child support, for a DNA test. Him undergoing the test would mean him admitting that he had an affair with her. With Melissa's clear stance on infidelity, it would mean the end of his marriage. So to protect himself, he killed Asha. Well it turns out that the child wasn't his. Had he not acted on his rage, Asha and her child, Richard's child, would be alive today. McClish might not still be married to Melissa, but he is divorced from her anyway.
Brandi and Angela
Two independent sources.
Not friends.
Don't hang out.
Didn't share info.
Everything comes out the same.
**Here DAJR went over how Brandi and Angela corroborated one another's information, and characterizations perfectly, all while having not conferred with one another. They had nothing to gain in the situation. But they both had a lot to lose, and yet they gave the information they did, and again both backed up the information given by the other, independently.
Angela
Before body found talks to her on the 13th.
Asks her to lie.
Deny connection to Asha.
Eliminate motive and opportunity.
Brandi
Before body found talks to her on the 13th.
Asks her to lie.
Deny connection to Asha.
Eliminate motive and opportunity.
**As said above and in other posts, but just to reiterate, McClish's actions prior to the body being found all point to guilt. Asking someone to lie to the police on your behalf in regards to an ongoing missing person's case should raise some red flags. All of his actions between September 10th and the 14th show a man desperate to distance himself from a murder victim, before anyone else knows a murder took place. His lies to Angela, Melissa and Brandi can all be explained by the idea that they are the actions of a murderer trying to eliminate himself from any opportunity to have committed said murder. Coincidence?
Washed truck
[September] 12, 13, 14, 14.
Mountain truck.
Obsessive level of behavior.
Vic's blood in truck.
Washed truck
Blood only found on inside of truck, not outside.
Washed hat
House filthy.
Why does this get cleaned.
Two items related to the murder washed.
Body found
Connected yb time and location
Woodcutting job near body
Defendant later distanced himself.
"the body was dumped in a familiar area, he had a short time to make critical decisions. You go with what you know" - DAJR
Major points:
Too many lies.
Cleaned too many murder items.
Too connected to the body location.
Acting guilty.
Can't be a coincidence.
Science
Killing without trace evidence difficult.
Every event will leave evidence.
Forensic evidence:
DefDNA on rope/noose.
DefDNA on Asha's steering wheel.
Asha's blood in Def truck.
Tarp particles in truck on / on body.
Locations of vegetation.
**DAJR talked a lot about how great it is to live in this day and age, when 20 years ago there was no such thing as DNA evidence. That Juries would have had to come to a verdict without it, and he made sure to stop before the Scientific evidence and say that ~there is enough evidence here to convict him, BUT we have scientific evidence to stack on top of all the other evidence~.
DNA rope:
DefDNA is on murder rope.
1 in 123,000.
STR 1 in 1600.
YSTR 1 in 95.
**DAJR went over the numbers/statistics with DNA. He said that according to the YSTR on the rope, there is a 1 in 95 likelihood that the DNA found under the tape on the rope would match anyone, and McClish did. This was untrue, as YSTR testing (Y chromosome short tandem repeat) can only be conducted for males, as females do not have Y chormosomes (well most don't, but we live in Santa Cruz and a sizable portion of the females here seem to). So it is 1 in 95 for males, but 1 in 190 for the general public, lowering his "slightly above 1%" (1.05%) probability to 0.53%. Granted, such a heinous crime is rarely committed by a female, however saying that only 1% of the population would match this DNA profile is untrue, the probability is half that. Following this logic, 1 in 123,000 only accounts for males. Accounting for the whole population, that probability (taking into account the ~24% the DOJ Agents for 'error') we reach 1 in 246,000 (very rough number).
**Ruling out females from the whole number goes against logic, in my mind. Yes we know the DNA found on the rope was male due to the presence of the Y chromosome. Therefore the pool for possible killers is only that of males. However it should have either been stated that the chance of any MALE having a match to the DNA found on the rope was 1 in 123,000, not that the chance anyone from the public would, as that number would have been somewhere around 1 in 246,000.
DNA Steering Wheel
DefDNA is on Asha's Steering wheel.
1 in 130,000
Asha Body Evidence
Tarp particles.
Bloody foxtails.
knot type.
Truck Evidence
Numerous bloody foxtails.
Asha's blood in truck.
Hair in truck.
Tarp particles.
Positive blood screens inside truck.
Foxtails and Vegetation
Six are matches for Asha's DNA.
~REG-15#6 A+B from vacuum of truck.
~LW15
~JMM-7#7, #9, #10
Additional bloody vegetation items:
~JMM-7#5, #1, #2.
Tarp Particles
Asha's body particles match truck tarp particles.
Independent link.
Asha's hair in truck
1 in 690.
Not Defendant's hair.
Contamination
Asha's blood in truck.
DefDNA to murder rope/noose.
DefDNA to steering wheel of vic's car.
**relevant quote said by DAJR quoting Dr Mason: "I don't know where all this God damn contamination talk is coming from, there is no contamination." **DAJR went over the photo composites provided by Lara Walker showing the same region of McClish's truck at 3 points in the investigation, focusing on the foxtails in order to show that even though they weren't collected immediately, they were present from the time they impounded his truck to the time they were collected. They weren't planted months into an investigation.
Combine all circumstance of death evidence
Combine all science evidence
Combine all relationship evidence
Combine all cover-up evidence
Reasonable doubt:
Not 100% certainty.
Doubt based on reason.
Real Evidence that undermines reasonable doubt.
Must relate to an element.
Homicide
1st degree
2nd degree
Voluntary manslaughter
Homicide:
1st degree:
Death of another.
Malice-express.
willful, deliberate, premeditated.
2nd degree:
Death of another.
Malice-express or implied.
Murder
Malice of aforethought:
Express: intent to kill
**DAJR was getting very emotional at this point when he talks about intent to kill in regard to this case. He went over that the murderer beat this pregnant woman, and THEN and only then placed a noose around her neck and choked the life out of her and her child. It seemed genuine, but as we have not seen any emotion like this from him before it really caught me off guard. I could see some of the Jurors felt similar by their reactions. I think he is genuinely disgusted that anyone could do this, especially to someone they had a relationship with, and who wouldn't be. He used this to illustrate that the crime MUST be murder with express intent to kill, as the killer put a noose around Asha's neck after she had already sustained what were fatal injuries, and the person placing/tightening said noose knew they were taking two lives with that action. Disgusting.
Murder
Malice of aforethought:
Implied- Intentional act,
Dangerous to life,
Knew act is dangerous,
Did it anyway.
**DAJR's example to illustrate this is a person with a gun shooting at a passing train. You know it's a dangerous act. You know people are inside that train, and are subject to danger by you shooting at it. If one of your bullets killed a person inside, the shooter did not pick that person out for death, but they died due to actions that any sane, rational person knows could and would result in death. Clearly Asha was singled out. Clearly she was the intended victim and the murderer knew their actions would end her life. Obviously this case falls under murder in the first degree.
Caused death of another
A fetus is a human being.
8 weeks is enough.
Doesn't have to know fetus exists to be punished.
**It was obvious that McClish knew Asha was pregnant, as that was his motive. But DAJR was covering what California state law says on the subject. The killer does not need to know the woman is pregnant to be prosecuted for its murder, but the fetus must be at 8 weeks or later, Asha's child was 7+ months. She was visibly pregnant. DAJR was just covering his bases here, this aspect of the case was a no brainer.
First Degree Murder
Willful: Intent to kill.
Deliberate: Weighed considerations.
Premeditated: Decided before death.
Premeditated:
Decided before completing the acts that caused death.
Willful, Deliberate, Premeditated
No specific time.
Can be quick.
Varies from person to person, circumstance to circumstance.
Extent of reflection not time.
**This case cannot be anything other than 1st degree murder because the act of placing a noose around a fatally injured person and choking the life out of them is premeditated. Premeditation does not require that the person plan acts over the course of months, weeks, days or even hours. The time he took between beating her, and going into his truck to grab a rope to choke her with is premeditation. He had to think about getting the rope next. He had to go get it. He had to walk back to her with it. He had to put it around her neck. He had to tighten it. Several considerations took place during this time, and none of them stopped his actions. Premeditated indeed.
If you do not find evidence of planning and premeditation...
2nd Degree Murder:
Malice aforethought.
Express: Intent to kill
Implied intentional
Voluntary Manslaughter
2nd degree murder but in the heat of passion.
Heat of Passion:
-Def was sufficiently provoked AND
-Provocation caused Def to act rashly AND
-Provocation caused intense emotion AND
-Obscured reasoning or judgment AND
-Would have caused the same reaction in the average person
--ALL MUST BE TRUE FOR IT TO BE CONSIDERED THE HEAT OF PASSION
**You mistress confronting you about taking responsibility for your child is not sufficient provocation. It would not illicit the same reaction in the average person.
Heat of Passion:
Does he get a break?
DAJR: "As a society, are we going to give a break to a married man when he kills his pregnant mistress?"
**Nope. And I know Santa Cruz County is full of hippies, but pulling the death penalty off the table was nonsense, and is giving him a break. I wish Jury nullification could work in the opposite direction! If I were sitting on this Jury, and watched this case unfold, my time spent in the deliberation room would be used to convince the other Jurors not that this was murder in the 1st degree, because such a conclusion is obvious, but rather that we wanted to see the death penalty exacted for such a heinous and deliberate crime. It is not that some people deserve to die, it is that some people do not deserve to live.
Heat of Passion:
Can't set up his own code of conduct.
Slight or remote provocation not enough.
Consider the average person.
Provocation: Asha provoked her own death?
Blinded by Emotion
Provocation caused Def to act rashly and under influence of intense emotion.
Average person:
Objective standard.
Average Law Abiding Citizen.
Monday, November 21, 2011
Prosecution Closing (part 1-3 of 4)
**Today the Prosecution started their closing arguments after a very long, drawn out, and tedious discussion about Jury Instructions, out of the presence of the Jury. The closing arguments by DAJR were accompanied by a power point display right by the Jury, focusing on his main points. I tried my best to get the just of what he said down, but after copying what was projected it was difficult to keep up. What appears in the text boxes are exactly what was displayed by the projector. Anything appearing in quotes below is what DAJR said during that slide. Anything encompassed by ~ is me attempting to paraphrase, and as usual anything inside **'s are my own comments and did not appear in court. **
~ This was a brutal, senseless, violent murder of two people. We've been together for weeks hearing witness testimony, evidence, the attorneys speaking, and you have received court instructions. But make no mistake, this is not an intellectual exercise. This is not an academic exercise. You have seen all of these witnesses testify, but you will never see Asha Veil or her child because that man over there (**He points at Michael McClish) brutally murdered her. You have had a chance to see why this happened, and who did this. Brandi told us how McClish threatened her by saying if she ever disclosed the affair he would kill her. Words from his own mouth about what he was going to do and how. The pieces of this case reinforce all other pieces. You have seen pictures trying to show why, how, who committed this crime."
**The first slide was a large oval with 4 subjects at respective quarters, starting from the top and going clockwise, "Circumstances of Death," "Relationships," "Cover-Up," and "Science."
"I want you to think about how she was murdered."
"Someone put a rope around her neck and choked the life out of her, this was not an instant death."
"Her last meal was lunch on 9-9-06. Mr. Algrove testified that she ate fried rice and Chinese chicken for lunch, and the autopsy revealed that was all that was in her stomach. **He ate lunch with her, McClish, and a fourth person that day.**
**DAJR addressed how McClish knew the area the body was dumped at.**
~Between February and May there were 30 phone calls between the Defendant and Asha.~
**Here DAJR talked about McClish lying to Brzozowski at the start of the investigation, when it was still just a missing persons case. Brzozowski knew McClish had been intimate with Asha (because the pregnancy councilor told him about Asha thinking McClish was the father, and her pursuing DNA testing). McClish lied about it three times in that one interview, pointing the investigation more towards him, and it ended with McClish's excuse of "Well when you drink like I do, sometimes things get hazy, and I get forgetful, etc etc..." when asked why Asha thought he might be the father.**
**His statements to his then-wife Melissa also became a huge factor, as he asked her to lie about his whereabouts on the night of September 9th, before Asha's body was discovered. DAJR repeated several times "only the killer knew the significance of this date, at this time." And "only the killer knew at this point she was dead" when McClish was already running damage control trying to minimize his perceived involvement with Asha AND the area the body was found (he called and canceled the job he previously accepted on Love Creek Road in an attempt to distance himself from the crime scene).**
~The councilor showed Asha's intent to determine the father of her unborn child through DNA Paternity testing. She required 4 samples be tested: Her, child, Richard, McClish. She planned on confronting McClish about the testing and to ask for his sample. This testimony showed Asha's intent to talk to McClish about their affair, and the possibility of him being the father.
~This was the last call made by Asha's cell phone (**Technically it made 3 more calls post-mortem, but they were under 60 seconds and were attempts to check the voicemail. This was the last time SHE made a call**). She practiced her conversation confronting McClish about paternity testing, and possible child support. The conversation ended when Asha said, "here he comes, I have to go."~
**DAJR went over the corroborating video for the time and location of both Asha and McClish at Ben Lomond Market. He displayed these for everyone to see, both of them were in the same photo. It correlates to the time Asha punched out of work perfectly, showing her time card was accurate. Also showed was the last picture ever taken of Asha, she was wearing the backpack that was later found with her belonging in it.**
What was at stake?
**DAJR called these threats "Prophetic." Used them to allude to the fact that Asha confronted him with paternity testing, which would out his affair and end his marriage, he would lose his family.
**DAJR addressing Jury: "Talking about the threats to Brandi, with them in mind, knowing what we know about Asha's confrontation with McClish, how would it go?"
**DAJR talked about how fortunate we are that her car was found as quickly as it was. And that her body was found AT ALL (Hildenbrand noticed disturbed dirt on the side of a road AND had the curiosity to see what, if anything, was down below) because of the remote area it was finally found in. Which again, reinforced the idea that McClish's threats to Brandi were actually carried out on Asha.
"Asha was dead within hours, it was not a coincidence."
~We know she met with McClish because video puts them both at BLM at the same time. On top of that Asha's call to Mila, and how it ended, further corroborates that they did in fact meet up that night.
**McClish lied to his wife about working at the Glen Arbor property under motion lights. There were, are, nor have there ever been any motion lights at that property, as we heard during the testimony of the owner.**
**A lot of the evidence on its own does not show guilt. Together, as DAJR has described, it is like a textbook murder, and each piece of evidence supports the others. The first thing you, I, or anyone with an IQ above 12 that is arrogant enough to kill someone would do is get rid of the evidence. Be it the murder weapon, a tarp you wrapped the body in, or the vehicle used to dump the body, the murderer will try and erase anything that links their involvement to the crime. McClish's suspicious behavior after September 9th can all be explained by deducing he is the killer. Of course you would wash the hat and clothes you wore that night you killed So and So, even though your home is literally COVERED in dirty laundry, those things must be washed IMMEDIATELY. Of course you would go to the dump the morning after to get rid of evidence. Of course you would talk to two of the girls you were having affairs with and ask them [and lets be honest, I sincerely doubt he 'asked' them, it was probably akin to a loan shark 'asking' for his money back] to lie to the Police about you seeing the Murder-e outside of work, in isolated areas. Of course you would wash your truck, that truck you never washed in 9 years of marriage, 4 times in 3 days.**
**The Defense will say that the tarp material particles found on Asha were never matched to a tarp in McClish's possession, even though the same particles were found in his truck cab. The Defense will say that the Prosecution never found the murder weapon. The Defense will say that because of this, McClish obviously wasn't the killer. But let us again be honest with ourselves, it only proves he managed to get rid of them. Because of his behavior we have already had it proven that he was distancing himself from this murder investigation before it was a murder investigation. Getting rid of the murder weapon is priority #1, followed by anything the body came into contact with (hi, tarp). Next you would want to clean. I don't know why, but McClish chose to clean what he wore when he killed Asha instead of getting rid of it, and then cleaned the outside of his truck frivolously. Just to reiterate, not finding the tarp or murder weapon does not show innocence, just the ability to throw away 2 items no one at the dump would ever question.
**Most of this was covered in the above. But DAJR went into the emotions expressed by McClish to Melissa during this time, describing him as emotionally needy, touchy, etc.**
**Mostly addressed above, he did everything he could, including asking others to engage in Perjury on his behalf, a Felony crime in the US that holds a prison sentence up to 5 years. And going back to Brzozowski's problems interviewing him where he lied multiple times about being intimate with Asha, correcting himself in the end by stating that he was a sloppy, forgetful drunk.
**I have stated this before on Topix as well as this blog. The fact that McClish knew the significance of the night of September 9th, 2006, before Asha's body was even found, is evidence enough to point the investigation square at him. Only the killer knew she was dead at that time. Only the killer knew she died September 9th. And the NIGHT of September 9th is the only date McClish asking for cover. DAJR said, and I quote "actions of a guilty man, a murderer, THE murderer."
~ This was a brutal, senseless, violent murder of two people. We've been together for weeks hearing witness testimony, evidence, the attorneys speaking, and you have received court instructions. But make no mistake, this is not an intellectual exercise. This is not an academic exercise. You have seen all of these witnesses testify, but you will never see Asha Veil or her child because that man over there (**He points at Michael McClish) brutally murdered her. You have had a chance to see why this happened, and who did this. Brandi told us how McClish threatened her by saying if she ever disclosed the affair he would kill her. Words from his own mouth about what he was going to do and how. The pieces of this case reinforce all other pieces. You have seen pictures trying to show why, how, who committed this crime."
**The first slide was a large oval with 4 subjects at respective quarters, starting from the top and going clockwise, "Circumstances of Death," "Relationships," "Cover-Up," and "Science."
Circumstances of Death
Major points:
Attack shows murderous intent.
Small window of death.
"I want you to think about how she was murdered."
Murderous intent:
Two methods of death:
Short range weapons,
It was not an instant death.
Blows to the face.
Defensive wounds.
"Someone put a rope around her neck and choked the life out of her, this was not an instant death."
Small Window of Death:
9-9-2006
Established by:
Phone call (7:42-7:50).
Asha's car being located (9-10-06).
Bug expert.
Stomach contents
"Her last meal was lunch on 9-9-06. Mr. Algrove testified that she ate fried rice and Chinese chicken for lunch, and the autopsy revealed that was all that was in her stomach. **He ate lunch with her, McClish, and a fourth person that day.**
The Body Was Moved
What would you expect to find?
Remote area.
Body dumped.
Valuables left behind.
No sexual assault.
**DAJR addressed how McClish knew the area the body was dumped at.**
Relationship
Major points:
There is a connection.
Explains why he would do it.
Explains subsequent actions.
Relationship exists:
Brandi
Angela
Cemetery/Old County Road
Defendents phone calls
~Between February and May there were 30 phone calls between the Defendant and Asha.~
Defendant's statement:
Statement to Brzozowski
Statement to Wife
**Here DAJR talked about McClish lying to Brzozowski at the start of the investigation, when it was still just a missing persons case. Brzozowski knew McClish had been intimate with Asha (because the pregnancy councilor told him about Asha thinking McClish was the father, and her pursuing DNA testing). McClish lied about it three times in that one interview, pointing the investigation more towards him, and it ended with McClish's excuse of "Well when you drink like I do, sometimes things get hazy, and I get forgetful, etc etc..." when asked why Asha thought he might be the father.**
**His statements to his then-wife Melissa also became a huge factor, as he asked her to lie about his whereabouts on the night of September 9th, before Asha's body was discovered. DAJR repeated several times "only the killer knew the significance of this date, at this time." And "only the killer knew at this point she was dead" when McClish was already running damage control trying to minimize his perceived involvement with Asha AND the area the body was found (he called and canceled the job he previously accepted on Love Creek Road in an attempt to distance himself from the crime scene).**
Pregnancy Councilor
Only shows Asha's intent.
Confrontation.
~The councilor showed Asha's intent to determine the father of her unborn child through DNA Paternity testing. She required 4 samples be tested: Her, child, Richard, McClish. She planned on confronting McClish about the testing and to ask for his sample. This testimony showed Asha's intent to talk to McClish about their affair, and the possibility of him being the father.
Mila's Phone Call
Last call.
Within hours she was dead.
Practice conversation.
~This was the last call made by Asha's cell phone (**Technically it made 3 more calls post-mortem, but they were under 60 seconds and were attempts to check the voicemail. This was the last time SHE made a call**). She practiced her conversation confronting McClish about paternity testing, and possible child support. The conversation ended when Asha said, "here he comes, I have to go."~
**DAJR went over the corroborating video for the time and location of both Asha and McClish at Ben Lomond Market. He displayed these for everyone to see, both of them were in the same photo. It correlates to the time Asha punched out of work perfectly, showing her time card was accurate. Also showed was the last picture ever taken of Asha, she was wearing the backpack that was later found with her belonging in it.**
What was at stake?
One strike rule (Melissa's policy of any affair and she is gone).
Defendant's wife said she would, "take the kids and leave."
Threats to Brandi
"If you tell, certain things will happen to you."
"Your kids wont have a mother."
"No one will find your body"
"Nothing will come between me and my family."
**DAJR called these threats "Prophetic." Used them to allude to the fact that Asha confronted him with paternity testing, which would out his affair and end his marriage, he would lose his family.
**DAJR addressing Jury: "Talking about the threats to Brandi, with them in mind, knowing what we know about Asha's confrontation with McClish, how would it go?"
**DAJR talked about how fortunate we are that her car was found as quickly as it was. And that her body was found AT ALL (Hildenbrand noticed disturbed dirt on the side of a road AND had the curiosity to see what, if anything, was down below) because of the remote area it was finally found in. Which again, reinforced the idea that McClish's threats to Brandi were actually carried out on Asha.
The Meeting Happened
Store Video [**should have been 'Bank Video,' as BLM NEVER provided security footage to the Investigators**].
Call to Mila.
Met on night of murder.
"Asha was dead within hours, it was not a coincidence."
~We know she met with McClish because video puts them both at BLM at the same time. On top of that Asha's call to Mila, and how it ended, further corroborates that they did in fact meet up that night.
Cover Up
Major Points:
All before body found.
Only killer would know.
If Defendant wasn't involved he would not be doing this.
September 9, 2006.
7:00 Michael McClish tells his wife Melissa he will be gone 5 minutes.
7:34 Defendant and Asha together on surveillance video.
7:34 Asha clocks out of work.
7:36 Asha walking out of BLM with her backpack on, last photo ever taken of her.
7:42 Asha calls Mila, 8.5 min conversation.
7:57 Defendant calls home and lies to his wife.
8:30 Defendant checks voicemail.
8:48 Defendant calls home
9:00 Defendant arrives home.
Lies at the time of murder
Lies to his wife.
Yard work and motion lights.
**McClish lied to his wife about working at the Glen Arbor property under motion lights. There were, are, nor have there ever been any motion lights at that property, as we heard during the testimony of the owner.**
Right after murder
Within 13 hours of the murder he is at the dump.
Missing tarp.
**A lot of the evidence on its own does not show guilt. Together, as DAJR has described, it is like a textbook murder, and each piece of evidence supports the others. The first thing you, I, or anyone with an IQ above 12 that is arrogant enough to kill someone would do is get rid of the evidence. Be it the murder weapon, a tarp you wrapped the body in, or the vehicle used to dump the body, the murderer will try and erase anything that links their involvement to the crime. McClish's suspicious behavior after September 9th can all be explained by deducing he is the killer. Of course you would wash the hat and clothes you wore that night you killed So and So, even though your home is literally COVERED in dirty laundry, those things must be washed IMMEDIATELY. Of course you would go to the dump the morning after to get rid of evidence. Of course you would talk to two of the girls you were having affairs with and ask them [and lets be honest, I sincerely doubt he 'asked' them, it was probably akin to a loan shark 'asking' for his money back] to lie to the Police about you seeing the Murder-e outside of work, in isolated areas. Of course you would wash your truck, that truck you never washed in 9 years of marriage, 4 times in 3 days.**
**The Defense will say that the tarp material particles found on Asha were never matched to a tarp in McClish's possession, even though the same particles were found in his truck cab. The Defense will say that the Prosecution never found the murder weapon. The Defense will say that because of this, McClish obviously wasn't the killer. But let us again be honest with ourselves, it only proves he managed to get rid of them. Because of his behavior we have already had it proven that he was distancing himself from this murder investigation before it was a murder investigation. Getting rid of the murder weapon is priority #1, followed by anything the body came into contact with (hi, tarp). Next you would want to clean. I don't know why, but McClish chose to clean what he wore when he killed Asha instead of getting rid of it, and then cleaned the outside of his truck frivolously. Just to reiterate, not finding the tarp or murder weapon does not show innocence, just the ability to throw away 2 items no one at the dump would ever question.
Acting different:
Melissa described McClish as different following September 9, 2006.
Angela described McClish as different following September 9, 2006.
**Most of this was covered in the above. But DAJR went into the emotions expressed by McClish to Melissa during this time, describing him as emotionally needy, touchy, etc.**
The Store Interview
Minimizes connection with Asha.
Admits he is the potential father.
**Mostly addressed above, he did everything he could, including asking others to engage in Perjury on his behalf, a Felony crime in the US that holds a prison sentence up to 5 years. And going back to Brzozowski's problems interviewing him where he lied multiple times about being intimate with Asha, correcting himself in the end by stating that he was a sloppy, forgetful drunk.
After the Store Interview:
No one knows she is dead.
Asks wife to lie.
Asks for specific alibi.
Eliminating opportunity.
**I have stated this before on Topix as well as this blog. The fact that McClish knew the significance of the night of September 9th, 2006, before Asha's body was even found, is evidence enough to point the investigation square at him. Only the killer knew she was dead at that time. Only the killer knew she died September 9th. And the NIGHT of September 9th is the only date McClish asking for cover. DAJR said, and I quote "actions of a guilty man, a murderer, THE murderer."
Sunday, November 20, 2011
Barbara Loeffler
You are in charge of Human Resources and are the custodian of records for Ben Lomond Market?
Yes.
PEOPLES EXHIBIT 131
Work Schedule for September 3-9, 2006
**DAJR had her highlight Asha's name and Michael McClish's. Also September 9th hours for the two: MM 5:00AM-4:30PM, AV 10:30AM-7:30PM.
PEOPLES EXHIBIT 132
Time card, 9/3-9/9.
AV: 10:32 in, 1:02-2:04 lunch, 7:34 out (Sep 9).
PEOPLES EXHIBIT 133
Time card for Michael McClish, 9/3-9/9.
MM 4:58AM in, 1:35-2:07 lunch, 5:43 out (Sep 9).
PEOPLES EXHIBIT 11
Picture of surveillance camera footage from the Bank towards the registers.
PEOPLES EXHIBIT 14
Picture of surveillance camera footage from the ATM machine of Michael McClish at the checkout stand long after he got off work on 9/9.
PEOPLES EXHIBIT 15
Picture of surveillance camera footage from the ATM machine of MM again, closer in line and easier to see.
PEOPLES EXHIBIT 13
Picture of surveillance camera footage from the ATM machine of MM again, walking to cash register.
PEOPLES EXHIBIT 16
Picture of surveillance camera footage from the ATM of Asha not wearing her backpack.
PEOPLES EXHIBIT 14
Picture of surveillance camera footage from the ATM of Asha wearing her backpack. Same backpack as pictured in evidence earlier.
Yes.
PEOPLES EXHIBIT 131
Work Schedule for September 3-9, 2006
**DAJR had her highlight Asha's name and Michael McClish's. Also September 9th hours for the two: MM 5:00AM-4:30PM, AV 10:30AM-7:30PM.
PEOPLES EXHIBIT 132
Time card, 9/3-9/9.
AV: 10:32 in, 1:02-2:04 lunch, 7:34 out (Sep 9).
PEOPLES EXHIBIT 133
Time card for Michael McClish, 9/3-9/9.
MM 4:58AM in, 1:35-2:07 lunch, 5:43 out (Sep 9).
PEOPLES EXHIBIT 11
Picture of surveillance camera footage from the Bank towards the registers.
PEOPLES EXHIBIT 14
Picture of surveillance camera footage from the ATM machine of Michael McClish at the checkout stand long after he got off work on 9/9.
PEOPLES EXHIBIT 15
Picture of surveillance camera footage from the ATM machine of MM again, closer in line and easier to see.
PEOPLES EXHIBIT 13
Picture of surveillance camera footage from the ATM machine of MM again, walking to cash register.
PEOPLES EXHIBIT 16
Picture of surveillance camera footage from the ATM of Asha not wearing her backpack.
PEOPLES EXHIBIT 14
Picture of surveillance camera footage from the ATM of Asha wearing her backpack. Same backpack as pictured in evidence earlier.
Faye Springer
Please tell us where you work?
I am a retired Federal Agent formerly with the Sacramento Crime Lab.
Before you retired what were your duties?
Mostly working in the Sacramento Trace Evidence Lab, I had also supervised the DNA Unit, and am considered a general Criminalist for California's Department Of Justice. I have worked with both Firearms and biological evidence, and formerly blood alcohol toxicology for Santa Clara County for a number of years.
What labs did you work out of?
Riverside for 16 years, Sacramento for 8 years.
Tell us about the Sacramento Lab?
It serves Sacramento County through the DA's Office, as well as other counties for trace evidence.
How many years have you been practicing forensic sciences?
41 years.
What is trace evidence?
Materials that are not firearms related, not biological, and most often need a microscope to observe.
What was your education?
Bachelors in Biology and Chemistry from UC Davis.
Have you trained other people?
Yes.
And you have qualified as Expert Testimony how many times?
Over 500.
For trace evidence?
Yes, 120+ times for hair, ~100 for fibers, ~50 times for paint, ~10 times for glass.
**She was qualified as an expert witness, Defense did not object or ask more questions, she will be able to give opinion in her testimony.**
REG-9#9b: Listed as trace evidence from right arm of subject's [Asha's] sweatshirt, placed on sticky part of post-it note, sealed, shipped, packaged properly.
"numerous blue/green particles, 20-30."
REG-9#9d: Same, collected from front of sweatshirt.
REG-9#9c: Same, collected from left arm of sweatshirt.
REG-9#9e: Same, collected from back.
All of them consistent with one another.
Other items compared to victim's sweatshirt particles are vacuum captured materials from McClish's truck.
Filter from vacuum = REG-15#6 : Vacuum capture from McClish's truck [believe it was the area located between the passenger seat and passenger door].
~SUBITEM: REG-15#6e: post-it with the blue/green debris/particles.
What did you do with these particles?
I checked the particles found in the truck to those found on the victim's sweatshirt. 9 from the shirt, 3 from the truck. I compared them 3 ways, visually, with a microscope, and with instrumentation.
And the goal was to determine the source of these particles?
Yes.
Stereo microscope (explained):
They all appeared indistinguishable.
Polarized light microscope (explained):
They all appeared indistinguishable.
PEOPLES EXHIBIT 130
Picture of particles under polarized light microscope, taken by Faye Springer.
**She said she is looking at the color, pigment size and location, micro-cracks on particles, and oxidization/degradation.**
They all appeared indistinguishable.
Did you dtermine what they are made of?
Not yet, not until I looked at all of them.
You looked at the particles under fluorescent light?
Yes, 4 different bands of light, the particles were still indistinguishable.
You then used instruments to determine polymers? Elements? Color?
Yes.
And you used Infrared Spectrophotometry [explained]?
Yes. Determined that the particles were polyethylene.
Both the particles from McClish's car, and Asha's sweatshirt both had indistinguishable spectrum's. And indistinguishable light absorbtions.
What did you do next?
I used Raman Spectroscopy [explained]. It uses a laser and gives me more information on the pigment by making it more active. Again the samples from McClish's car and Asha's sweatshirt were indistinguishable.
At any point was there any sign of difference between the two samples?
No there was not.
[DA Jeff Rosell then went down the list of tarps collected from McClish's house and truck during their search warrant, none of them were a match to the particles found on Asha or in his truck]
As part of the investigation, Mata sent you a body bag just like the one the victim was placed in. Did the two samples match that?
No, it was a different material and color.
What did you examine next?
Finger nail clippings. There was a waxy, blue material under the nails. And a small piece of skull.
REG-13#1 : Black material found on skull.
What did you do with REG-13#1?
I used Infrared Spectrophotometry to determine it was epoxy paint or finish, black in color.
**explained that this coating is seen on painted tools, floor finishes, primer on cars, and adhesives.**
**Next line of questioning was a Circus, several rounds of objections from the Defense because of wording, no foundation being laid for the questions, ate up 15 minutes of court time for no reason.**
**DAJR was trying to ask about paint transfer from a painted tool to bone on a victim. The Defense would not allow him to ask Springer if paint could/would transfer to bone from someone being struck hard enough with a painted tool. Eventually when the grounds/foundation had been laid for the line of questioning, Faye Springer answered with a "no shit" attitude because it was such an easy and obvious question/answer.**
**Yes, if there is black paint on something like a hammer, and I hit someone hard enough to crack their skull, paint CAN and probably WILL transfer. Thanks for wasting 15 minutes TW! I am not amused**
Did you look at hair next?
Yes, REG-15#6c: Human hair, dyed.
REG-9#5: Asha's hair.
I requested that REG-15#6 be sent to SERI (Serological Research Institute) for Mitochondrial DNA testing.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DEFENSE:
There was human and animal hair in the vacuum collection was there not?
Yes.
And your focus was Trace Evidence?
Yes.
You cannot say that the blue particulate found in the Defendant's truck and on Asha were from the same source?
Not conclusively [**they would have had to have found the tarp and matched the 2 samples to it. Even though the two samples are indistinguishable from one another she cannot say conclusively they are from the same source unless they have the suspected source to compare to. McClish went to the dump the morning of the September 10th, an educated guess would say that among the things he threw away were the tarp and murder weapon that had the black epoxy paint on it. Anyone with half a brain gets rid of the murder weapon and any major evidence immediately after the crime, I guess that's the one thing he did right.**]
You cannot say that the hair is from the same source?
Not conclusively.
You examined some tools collected from McClish against the paint residue found on the skull?
Yes, a hammer, metal wedge and chainsaw chain. No match. [**Again, first thing he would have done is get rid of the tool, proves nothing.**]
REDIRECT FROM THE PROSECUTION
In your experience are these particles concurrent with tarp particles?Yes.
I am a retired Federal Agent formerly with the Sacramento Crime Lab.
Before you retired what were your duties?
Mostly working in the Sacramento Trace Evidence Lab, I had also supervised the DNA Unit, and am considered a general Criminalist for California's Department Of Justice. I have worked with both Firearms and biological evidence, and formerly blood alcohol toxicology for Santa Clara County for a number of years.
What labs did you work out of?
Riverside for 16 years, Sacramento for 8 years.
Tell us about the Sacramento Lab?
It serves Sacramento County through the DA's Office, as well as other counties for trace evidence.
How many years have you been practicing forensic sciences?
41 years.
What is trace evidence?
Materials that are not firearms related, not biological, and most often need a microscope to observe.
What was your education?
Bachelors in Biology and Chemistry from UC Davis.
Have you trained other people?
Yes.
And you have qualified as Expert Testimony how many times?
Over 500.
For trace evidence?
Yes, 120+ times for hair, ~100 for fibers, ~50 times for paint, ~10 times for glass.
**She was qualified as an expert witness, Defense did not object or ask more questions, she will be able to give opinion in her testimony.**
REG-9#9b: Listed as trace evidence from right arm of subject's [Asha's] sweatshirt, placed on sticky part of post-it note, sealed, shipped, packaged properly.
"numerous blue/green particles, 20-30."
REG-9#9d: Same, collected from front of sweatshirt.
REG-9#9c: Same, collected from left arm of sweatshirt.
REG-9#9e: Same, collected from back.
All of them consistent with one another.
Other items compared to victim's sweatshirt particles are vacuum captured materials from McClish's truck.
Filter from vacuum = REG-15#6 : Vacuum capture from McClish's truck [believe it was the area located between the passenger seat and passenger door].
~SUBITEM: REG-15#6e: post-it with the blue/green debris/particles.
What did you do with these particles?
I checked the particles found in the truck to those found on the victim's sweatshirt. 9 from the shirt, 3 from the truck. I compared them 3 ways, visually, with a microscope, and with instrumentation.
And the goal was to determine the source of these particles?
Yes.
Stereo microscope (explained):
They all appeared indistinguishable.
Polarized light microscope (explained):
They all appeared indistinguishable.
PEOPLES EXHIBIT 130
Picture of particles under polarized light microscope, taken by Faye Springer.
**She said she is looking at the color, pigment size and location, micro-cracks on particles, and oxidization/degradation.**
They all appeared indistinguishable.
Did you dtermine what they are made of?
Not yet, not until I looked at all of them.
You looked at the particles under fluorescent light?
Yes, 4 different bands of light, the particles were still indistinguishable.
You then used instruments to determine polymers? Elements? Color?
Yes.
And you used Infrared Spectrophotometry [explained]?
Yes. Determined that the particles were polyethylene.
Both the particles from McClish's car, and Asha's sweatshirt both had indistinguishable spectrum's. And indistinguishable light absorbtions.
What did you do next?
I used Raman Spectroscopy [explained]. It uses a laser and gives me more information on the pigment by making it more active. Again the samples from McClish's car and Asha's sweatshirt were indistinguishable.
At any point was there any sign of difference between the two samples?
No there was not.
[DA Jeff Rosell then went down the list of tarps collected from McClish's house and truck during their search warrant, none of them were a match to the particles found on Asha or in his truck]
As part of the investigation, Mata sent you a body bag just like the one the victim was placed in. Did the two samples match that?
No, it was a different material and color.
What did you examine next?
Finger nail clippings. There was a waxy, blue material under the nails. And a small piece of skull.
REG-13#1 : Black material found on skull.
What did you do with REG-13#1?
I used Infrared Spectrophotometry to determine it was epoxy paint or finish, black in color.
**explained that this coating is seen on painted tools, floor finishes, primer on cars, and adhesives.**
**Next line of questioning was a Circus, several rounds of objections from the Defense because of wording, no foundation being laid for the questions, ate up 15 minutes of court time for no reason.**
**DAJR was trying to ask about paint transfer from a painted tool to bone on a victim. The Defense would not allow him to ask Springer if paint could/would transfer to bone from someone being struck hard enough with a painted tool. Eventually when the grounds/foundation had been laid for the line of questioning, Faye Springer answered with a "no shit" attitude because it was such an easy and obvious question/answer.**
**Yes, if there is black paint on something like a hammer, and I hit someone hard enough to crack their skull, paint CAN and probably WILL transfer. Thanks for wasting 15 minutes TW! I am not amused**
Did you look at hair next?
Yes, REG-15#6c: Human hair, dyed.
REG-9#5: Asha's hair.
I requested that REG-15#6 be sent to SERI (Serological Research Institute) for Mitochondrial DNA testing.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DEFENSE:
There was human and animal hair in the vacuum collection was there not?
Yes.
And your focus was Trace Evidence?
Yes.
You cannot say that the blue particulate found in the Defendant's truck and on Asha were from the same source?
Not conclusively [**they would have had to have found the tarp and matched the 2 samples to it. Even though the two samples are indistinguishable from one another she cannot say conclusively they are from the same source unless they have the suspected source to compare to. McClish went to the dump the morning of the September 10th, an educated guess would say that among the things he threw away were the tarp and murder weapon that had the black epoxy paint on it. Anyone with half a brain gets rid of the murder weapon and any major evidence immediately after the crime, I guess that's the one thing he did right.**]
You cannot say that the hair is from the same source?
Not conclusively.
You examined some tools collected from McClish against the paint residue found on the skull?
Yes, a hammer, metal wedge and chainsaw chain. No match. [**Again, first thing he would have done is get rid of the tool, proves nothing.**]
REDIRECT FROM THE PROSECUTION
In your experience are these particles concurrent with tarp particles?Yes.
Thursday, November 17, 2011
Deputy Brzozowski, SC Sheriff RECALL
DA Jeff Rosell: When you spoke to Michael McClish did you ever ask about September 9th, 2006?
No, I never mentioned any dates.
**Brzozowski interviewed McClish prior to Asha's body being found. They used this to show that when McClish told Melissa to lie about his whereabouts on September 9th, 2006 no Police Officer had put that date in his head. And at this point only the person that killed her September 9th would have know the significance of that date, as her body had not been discovered and this was still just a missing person's case.
No, I never mentioned any dates.
**Brzozowski interviewed McClish prior to Asha's body being found. They used this to show that when McClish told Melissa to lie about his whereabouts on September 9th, 2006 no Police Officer had put that date in his head. And at this point only the person that killed her September 9th would have know the significance of that date, as her body had not been discovered and this was still just a missing person's case.
Mr Mata
Where do you work?
Santa Cruz County Sheriff's office since 2001, assigned to the CSI Unit since May 2006.
September 2006, did you have any involvement with this case?
Initial involvement was September at the CSI garage.
What was your involvement at the Love Creek Scene?
Arrived and checked in, I helped remove the body bag from down the ravine.
Were you there with anyone else?
I was there with Gidding and Verinski.
Were they on the scene already?
Yes.
What did you do at the scene?
I saw Ben Lomond Firemen at the scene. I looked down the ravine, to see Gidding and Verinski, and then I helped pull the body bag up to the road.
So you never saw the body prior to it being placed in the body bag?
No, it was already sealed in the bag when I got there, I helped move the bag maybe 3-5ft from just below the road to the road itself. The body was then loaded into Rowland's Coroner van. I followed Rowland to the Morgue.
What did you do at the Morgue?
I took pictures of the body, I did not assist in opening the bag for pictures.
Did you take photos of AV's shoes and socks?
Yes.
Do you recall seeing fox tails?
I do not recall.
PEOPLES EXHIBIT 93
Photo, by Mata, of Asha's Shoes / Legs
Were you present for the autopsy?
No.
Did you help inspect Asha's BMW?
Yes.
How about Melissa McClish's van?
No, I was not there.
How about Michael McClish's truck?
Done without my assistance.
Later you went in the truck?
Yes, assisted February 23, 2007. And again April 25, 2007.
Were you involved with any tarps during this investigation?
Yes, I collected tarps from evidence and cut swatches from them for analysis.
JMM-8#1: Tarp 1, brown, own bag, photographed, cut swatch, photographed swatch,
JMM-8#2&3: Tarp 2 and 3, brown tarps in 1 bag, cut swatches.
JMM-8#4&5: Tarp 4/5 swatches cut, lint and hair fell out of the bag.
**There were more tarps but none of them matched the tarp material collected from Asha, so I am going to hold off listing them.
The swatches were then sent to the crime lab.
Describe your involvement searching the truck.
I met with Lara Walker to take pictures of anything she found. She asked me to photograph the passenger seat. I then cut a swatch from the passenger seat, I never booked it into evidence because Lara Walker took it with her for analysis. She also took with her the bottle opener from the keys (**Think they said preliminary tests revealed blood on it).
We then took fox tails from the center console of the truck.
PEOPLES EXHIBIT 94
LW15, picture of fox tail near the center console/4WD shifter.
PEOPLES EXHIBIT 95
picture of the same fox tail with a ruler for scale.
And on April 27th?
Verinski, an assistant, Lara Walker and her assistant, and myself went over the truck again.
JMM7 is the scene for that day.
PEOPLES EXHIBIT 96
Photo of passenger flood board with jumper cables on the ground.
PEOPLES EXHIBIT 97
Photo of marker #5, near passenger kick panel, bloody fox tail found lodged in between metal/plastic cover.
PEOPLES EXHIBIT 98
Another close up of #5.
PEOPLES EXHIBIT 99
Orientation of #5, also shows #3, #7, #1 and #2 markers.
PEOPLES EXHIBIT 100
Photo of passenger area. Can see passenger seat with swatches cut out.
PEOPLES EXHIBIT 101
Photo of passenger seat, looking back at rear seat, back floorboard area.
PEOPLES EXHIBIT 102
Photo of closeup of #1
PEOPLES EXHIBIT 103
Photo of closeup of #2
PEOPLES EXHIBIT 104
Photo of closeup of #7
PEOPLES EXHIBIT 105
Photo of center floorboard/4WD shifter.
PEOPLES EXHIBIT 106
Photo of PE105 closeup.
PEOPLES EXHIBIT 107
Photo of closeup of #9
PEOPLES EXHIBIT 108
Photo of closeup of #10
Were you documenting or collecting?Documenting.
**He stated he only got into the truck to remove the seats from the vehicle. This happened once all of the evidence had been collected.
**Cross examination was especially, for lack of a better word, pointless, with Mata. TW went over all the scenes, who was there, the process they did, everything he had already gone over. Then he moved his attention over to the table located in the CSI garage. He spent a lot of time trying to get the location of it explained, and then didn't go anywhere with that line of questioning.
**At this point McClish was undergoing some seizure like head wobbles, must have just been him shivering because the questioning wasn't about anything especially poignant. But it was unusual nonetheless.
Court adjourned for the day and questioning continued Monday.
TW wanted to know if he was involved in removing the seats from the truck (learn to listen TW, it was in his testimony previously). TW also asked who else was involved, Gidding and Verinski helped out according to Mata.
DA Jeff Rosell clarified that only Lara Walker was in the vehicle while evidence was collected, and she wore a tybex suit, and collected from standing outside the vehicle with only her upper body inside of it.
PEOPLES EXHIBIT 93
Photo of Asha's sock, which was covered in fox tails, as taken by Mata was shown.
PEOPLES EXHIBIT 109
Photo of truck from the passenger door, with it wide open.
PEOPLES EXHIBIT 110
Photo of the floor around passenger seat, focusing on the rear area, with the seat forward as far as it could go.
Santa Cruz County Sheriff's office since 2001, assigned to the CSI Unit since May 2006.
September 2006, did you have any involvement with this case?
Initial involvement was September at the CSI garage.
What was your involvement at the Love Creek Scene?
Arrived and checked in, I helped remove the body bag from down the ravine.
Were you there with anyone else?
I was there with Gidding and Verinski.
Were they on the scene already?
Yes.
What did you do at the scene?
I saw Ben Lomond Firemen at the scene. I looked down the ravine, to see Gidding and Verinski, and then I helped pull the body bag up to the road.
So you never saw the body prior to it being placed in the body bag?
No, it was already sealed in the bag when I got there, I helped move the bag maybe 3-5ft from just below the road to the road itself. The body was then loaded into Rowland's Coroner van. I followed Rowland to the Morgue.
What did you do at the Morgue?
I took pictures of the body, I did not assist in opening the bag for pictures.
Did you take photos of AV's shoes and socks?
Yes.
Do you recall seeing fox tails?
I do not recall.
PEOPLES EXHIBIT 93
Photo, by Mata, of Asha's Shoes / Legs
Were you present for the autopsy?
No.
Did you help inspect Asha's BMW?
Yes.
How about Melissa McClish's van?
No, I was not there.
How about Michael McClish's truck?
Done without my assistance.
Later you went in the truck?
Yes, assisted February 23, 2007. And again April 25, 2007.
Were you involved with any tarps during this investigation?
Yes, I collected tarps from evidence and cut swatches from them for analysis.
JMM-8#1: Tarp 1, brown, own bag, photographed, cut swatch, photographed swatch,
JMM-8#2&3: Tarp 2 and 3, brown tarps in 1 bag, cut swatches.
JMM-8#4&5: Tarp 4/5 swatches cut, lint and hair fell out of the bag.
**There were more tarps but none of them matched the tarp material collected from Asha, so I am going to hold off listing them.
The swatches were then sent to the crime lab.
Describe your involvement searching the truck.
I met with Lara Walker to take pictures of anything she found. She asked me to photograph the passenger seat. I then cut a swatch from the passenger seat, I never booked it into evidence because Lara Walker took it with her for analysis. She also took with her the bottle opener from the keys (**Think they said preliminary tests revealed blood on it).
We then took fox tails from the center console of the truck.
PEOPLES EXHIBIT 94
LW15, picture of fox tail near the center console/4WD shifter.
PEOPLES EXHIBIT 95
picture of the same fox tail with a ruler for scale.
And on April 27th?
Verinski, an assistant, Lara Walker and her assistant, and myself went over the truck again.
JMM7 is the scene for that day.
PEOPLES EXHIBIT 96
Photo of passenger flood board with jumper cables on the ground.
PEOPLES EXHIBIT 97
Photo of marker #5, near passenger kick panel, bloody fox tail found lodged in between metal/plastic cover.
PEOPLES EXHIBIT 98
Another close up of #5.
PEOPLES EXHIBIT 99
Orientation of #5, also shows #3, #7, #1 and #2 markers.
PEOPLES EXHIBIT 100
Photo of passenger area. Can see passenger seat with swatches cut out.
PEOPLES EXHIBIT 101
Photo of passenger seat, looking back at rear seat, back floorboard area.
PEOPLES EXHIBIT 102
Photo of closeup of #1
PEOPLES EXHIBIT 103
Photo of closeup of #2
PEOPLES EXHIBIT 104
Photo of closeup of #7
PEOPLES EXHIBIT 105
Photo of center floorboard/4WD shifter.
PEOPLES EXHIBIT 106
Photo of PE105 closeup.
PEOPLES EXHIBIT 107
Photo of closeup of #9
PEOPLES EXHIBIT 108
Photo of closeup of #10
Were you documenting or collecting?Documenting.
**He stated he only got into the truck to remove the seats from the vehicle. This happened once all of the evidence had been collected.
**Cross examination was especially, for lack of a better word, pointless, with Mata. TW went over all the scenes, who was there, the process they did, everything he had already gone over. Then he moved his attention over to the table located in the CSI garage. He spent a lot of time trying to get the location of it explained, and then didn't go anywhere with that line of questioning.
**At this point McClish was undergoing some seizure like head wobbles, must have just been him shivering because the questioning wasn't about anything especially poignant. But it was unusual nonetheless.
Court adjourned for the day and questioning continued Monday.
TW wanted to know if he was involved in removing the seats from the truck (learn to listen TW, it was in his testimony previously). TW also asked who else was involved, Gidding and Verinski helped out according to Mata.
DA Jeff Rosell clarified that only Lara Walker was in the vehicle while evidence was collected, and she wore a tybex suit, and collected from standing outside the vehicle with only her upper body inside of it.
PEOPLES EXHIBIT 93
Photo of Asha's sock, which was covered in fox tails, as taken by Mata was shown.
PEOPLES EXHIBIT 109
Photo of truck from the passenger door, with it wide open.
PEOPLES EXHIBIT 110
Photo of the floor around passenger seat, focusing on the rear area, with the seat forward as far as it could go.
More of Mrs Meyers
"Strong evidence that she is the source."
This was said in regards to the blood on vegetation found inside McClish's truck. This is the most definitive language that her lab will use. They would never say outright that X person is the source of X sample, but rather that there is "strong evidence" that they are.
JMM-7#7 : vegetation found with blood in McClish's truck. Locationwas the center of the passenger floorboard. Match for Asha.
REG-15#6A and REG-15#6B both tested the same day. Both match Asha.
TMP311A1 - Vegetation with blood obtained during a tape lift of Ashas backpack. Match for Asha.
JMM-7#9 was tested with a new kit that looks at 15 segments rather than 13. Tested as a match for Asha, this time a 1 in 21 quintillion or 1 in 21,000,000,000,000,000,000 odds.
LW15 - tested positive as Asha's blood.
As the testimony went on, Mrs. Meyers would locate the item number on the diagram of McClish's truck, and write under the evidence item number that it was Ashas blood. The first thing the Defense did on cross examination is remove the diagram of the truck from the stand near the Jury, walk it across the room so that it was near the Defense's table, and he intentionally looked at it, and turned it facing the wall so it could not be seen. This was not unintentional, TW was obviously very conscious of it.
The Defense focused in on the fact that Mrs Meyers was not present for the collection of the evidence. Even though we have already heard sworn testimony from everyone involved in the identification, collection, and shipment of the evidence, to claim there was any sort of manipulation of it by any of the parties involved is ludicrous. Mrs Meyers took detailed photos of each piece of evidence (the packaging it came in, the label, the opening of the package, and the contents of the package) as well as noting the condition of the packages/items received as she got them, it's all in her report.
The Defense also focused in on REG-2#22B, the swab from Asha's steering wheel (bottom) as the results of the tests on the fragments they could uncover could NOT exclude McClish as a source. Indeed the chance that any random Caucasian sampled would be a partial match, as McClish was, is 1 in 130,000. By no means is this enough to say it was his DNA, but the fact that it does not rule him out, when it did exclude Asha's husband Richard, is suspect.
At this point the Jury passed a note asking the Judge if they could set up a fund to help out with one of the Juror's financial troubles caused by serving on the Jury. Not pertinent to the trial perhaps, but it goes to show the attitude of the Jurors.
This was said in regards to the blood on vegetation found inside McClish's truck. This is the most definitive language that her lab will use. They would never say outright that X person is the source of X sample, but rather that there is "strong evidence" that they are.
JMM-7#7 : vegetation found with blood in McClish's truck. Locationwas the center of the passenger floorboard. Match for Asha.
REG-15#6A and REG-15#6B both tested the same day. Both match Asha.
TMP311A1 - Vegetation with blood obtained during a tape lift of Ashas backpack. Match for Asha.
JMM-7#9 was tested with a new kit that looks at 15 segments rather than 13. Tested as a match for Asha, this time a 1 in 21 quintillion or 1 in 21,000,000,000,000,000,000 odds.
LW15 - tested positive as Asha's blood.
As the testimony went on, Mrs. Meyers would locate the item number on the diagram of McClish's truck, and write under the evidence item number that it was Ashas blood. The first thing the Defense did on cross examination is remove the diagram of the truck from the stand near the Jury, walk it across the room so that it was near the Defense's table, and he intentionally looked at it, and turned it facing the wall so it could not be seen. This was not unintentional, TW was obviously very conscious of it.
The Defense focused in on the fact that Mrs Meyers was not present for the collection of the evidence. Even though we have already heard sworn testimony from everyone involved in the identification, collection, and shipment of the evidence, to claim there was any sort of manipulation of it by any of the parties involved is ludicrous. Mrs Meyers took detailed photos of each piece of evidence (the packaging it came in, the label, the opening of the package, and the contents of the package) as well as noting the condition of the packages/items received as she got them, it's all in her report.
The Defense also focused in on REG-2#22B, the swab from Asha's steering wheel (bottom) as the results of the tests on the fragments they could uncover could NOT exclude McClish as a source. Indeed the chance that any random Caucasian sampled would be a partial match, as McClish was, is 1 in 130,000. By no means is this enough to say it was his DNA, but the fact that it does not rule him out, when it did exclude Asha's husband Richard, is suspect.
At this point the Jury passed a note asking the Judge if they could set up a fund to help out with one of the Juror's financial troubles caused by serving on the Jury. Not pertinent to the trial perhaps, but it goes to show the attitude of the Jurors.
Tuesday, November 15, 2011
Detective Ian Patrick, AKA Mr. Cool.
**Detective Ian Patrick has been in the courtroom since day one, sitting at the Prosecution's table next to DA Rosell. He gets the witnesses when they are being called, he helps Rosell set up exhibits, and he walks in and out of the courtroom with documents during the trial. I hadn't heard him talk prior to him testifying. He is a young looking, tall man with a shaved head, and his demeanor seems as reserved as anyone I've known. I was expecting his testimony to be that of a soft spoken, young male that sounded as rookie as he looked, aaaand I couldn't have been more wrong. He had a commanding voice, similar to that of Rosell who you can hear anywhere in the courtroom unlike anyone else that has testified, and he was clear, concise and never confused -- completely sure of himself. He had a quick answer for ever question asked, even those by the Defense, and didn't seem to need any time to think. Before he got on the stand I would have said there was no way this kid had been on the force more than 4 years. Come to find out that he runs Robbery-Homicide and has been an Officer for 13 years was only shocking until 5 minutes into his testimony when it all started to make sense. If this guy isn't running a department by 2020 somethings wrong with our system. Most of the Officers testifying before him probably had more time on the force than this guy has had on Earth, and yet he was the calm, collected, and concise one. Mr. Cool indeed.
How long have you worked in the county?
Since 1998, 13 years. I formerly ran Robbery Homicide.
You were assigned to Ashas case?
Yes, I worked with Ramsey on it.
Did you observe Asha's body where it was found, as it was found?
Yes I did.
Did you take a DNA swab from anyone? When?
I did, from Richard Veil on September 18th, 2006.
JIP-5#9 : Oral DNA swab
Did you attend Asha's autopsy?
No, and I was never at the morgue with the body.
Were you ever near McClish's truck?
I went into the truck in October 2011, but not previous to that.
Tell us about your involvement with the case?
I took over the department and oversaw this case.
Did you at any point observe Michael McClish on September 9th, 2006?
Yes, he was wearing a camo hat.
Did you at any point observe Asha on September 9th, 2006?
Yes, wearing her employee uniform she was found in, plus the backpack - "spot on what we've seen."
**Patrick went over a chain of several images from one of the cameras located behind the Bank Teller windows, showing the front door of Ben Lomond Market, with daylight coming through, then less so, then even less, then none. It goes to show the time of sunset the day of September 9th, 2006, without the need to look it up in National Geographic. Seems odd too look up sunset times in National Geographic doesn't it? Yeah, when the Defense Attorney said it to a previous person testifying I thought the same thing...
**The last 2 images he shows of her, Asha is not wearing the backpack and is moving towards the back of the store. The last picture is her wearing the same looking black backpack that was later found near Quail Hollow.**
How long have you worked in the county?
Since 1998, 13 years. I formerly ran Robbery Homicide.
You were assigned to Ashas case?
Yes, I worked with Ramsey on it.
Did you observe Asha's body where it was found, as it was found?
Yes I did.
Did you take a DNA swab from anyone? When?
I did, from Richard Veil on September 18th, 2006.
JIP-5#9 : Oral DNA swab
Did you attend Asha's autopsy?
No, and I was never at the morgue with the body.
Were you ever near McClish's truck?
I went into the truck in October 2011, but not previous to that.
Tell us about your involvement with the case?
I took over the department and oversaw this case.
**He talked about the logistics of looking at the video surveillance they were able to obtain from the Ben Lomond Market, or I should say the bank INSIDE Ben Lomond Market, as no surveillance tapes were ever provided by Ben Lomond Market to investigators. The tape alternated between 3 different cameras/views (2 from the Bank Teller Windows looking out to the checkout stands at BLM and the front door/Office/Punch out clock, and the third from the ATM near the door looking at the back of the building through the checkout stands). The problem is that it goes from, as an example, 12:01:30PM Camera 1-> Camera 2-> Camera 3-> 12:01:35 Camera 1-> Camera 2-> Camera 3-> etc, in rapid succession. This means that without equipment/software they could not look at JUST camera angle 1 chronologically. But with the equipment available to them it was spliced into 3 reels, one for each camera angle.
Did you at any point observe Michael McClish on September 9th, 2006?
Yes, he was wearing a camo hat.
Did you at any point observe Asha on September 9th, 2006?
Yes, wearing her employee uniform she was found in, plus the backpack - "spot on what we've seen."
**Patrick went over a chain of several images from one of the cameras located behind the Bank Teller windows, showing the front door of Ben Lomond Market, with daylight coming through, then less so, then even less, then none. It goes to show the time of sunset the day of September 9th, 2006, without the need to look it up in National Geographic. Seems odd too look up sunset times in National Geographic doesn't it? Yeah, when the Defense Attorney said it to a previous person testifying I thought the same thing...
**The last 2 images he shows of her, Asha is not wearing the backpack and is moving towards the back of the store. The last picture is her wearing the same looking black backpack that was later found near Quail Hollow.**
Lara Walker, CA DOJ Lab
Where do you work?
California Department of Justice Crime Lab.
What is your title?
Senior Criminologist. Worked for the DOJ since 1997. Bachelors Degree in Forensics, minor in Chemistry and Biology. Private Forensic Company employee for 15 years prior to joining the DOJ.
How many times have you testified?
Over 200.
**She qualified as an expert witness, which means that she is able to give her opinion.
What was your involvement timeline with this case?
September 2006-Summer 2007. On and off in 2008.
How much time have you invested in this case?
500 hours, 750 hours including help.
How much evidence did you collect?
~100 items.
What was your initial involvement in this case?
My focus was McClish's truck.
What did you do February 23, 2007?
Investigated McClish's truck, inspected stains, tested negative for blood, went back to check.
Was Mata there? Why?
Yes, he let me into the locked CSI Garage as I do not have access.
Tell me about the fox tails you found and collected?
I collected from standing outside the car and reaching in. Put and taped in envelope.
PEOPLES EXHIBIT 94
Picture of fox tail (LW15 item number)
When you collected it, did you notice the blood immediately?
No, it just looked dirty.
What else did you take to the lab to look at further?
Swabs from the headlight switch, and the bottle opener on the key chain.
Did the headlight switch screen positive for blood?
Yes.
What did you look at? Chronologically.
Looked at the items submitted by the Sheriff.
The camo hat.
Cellphone, keys, belt, shoes and credit cards.
What did you do next?
Vacuumed sections of the truck with an evidence gatherer (read: vacuum with a filter on it).
Labeled REG-15#6.
The sample was taped, sealed and initialed in a bag within a bag.
PEOPLES EXHIBIT 111
Pic of vacuuming contents.
PEOPLES EXHIBIT 112
Contents of bag open, shows filter. Contents: Hair, vegetation with red stains that appears to be blood.
PEOPLES EXHIBIT 113
Pic of fox tail(s) magnified.
PEOPLES EXHIBIT 114
Pic of vegetation with blood, (REG-15#6A).
**Mrs Walker went over lab procedure, which includes completely cleaning with bleach.
What did you do after that?
Searched the canister for more vegetation with red staining (had not yet been proven to be blood).
PEOPLES EXHIBIT 116
Pic of bloody fox tail, on post it note it was packed in, REG-15#6B.
PEOPLES EXHIBIT 117
Pic of separation of trace items, zoomed in, tarp material on post it note, REG-15#6E.
PEOPLES EXHIBIT 118
Non-zoomed picture of REG-15#6E.
What did you do with REG-15#6A and REG-15#6B?
I sent them to the DOJ's DNA lab. (seen by Sacramento DOJ Lab trace expert Faye Springer).
Blue/green trace material also sent.
Did you find any hair?
Yes, REG-15#6C. The hair was also sent to Faye Springer at the DOJ Lab.
Did you return to the truck to gather more evidence?
Yes I did, April 25, 2007.
PEOPLES EXHIBIT 119
Diagram of Michael McClish's truck with notes of where evidence was gathered from. LW15 (another bloody fox tail, or fox tail with blood on it, so as to not confuse all the UK'ers reading this...) labeled near the 4WD shifter.
[Question I missed]?
In April when I went back to the truck I knew more what to look for [fox tails with blood].
JMM-7#2 : Vegetation with red stain, found near passenger seat.
JMM-7#1 : More bloody vegetation, found under passenger seat.
PEOPLES EXHIBIT 103
Pic of item JMM-7#2
JMM-7#5 : Located in door jam, weather stripping of passenger door. Another fox tail with blood on it.
JMM-7#7 : Front passenger floor, bloody fox tail, stuck in carpet.
PEOPLES EXHIBIT 120
Microscope picture of JMM-7#7, bloody fox tail with bloody debris.
JMM-7#9 / JMM-7#10 : MORE BLOODY FOXTAILS, WITH BLOOD ON THEM.
PEOPLES EXHIBIT 105
Pic of 4WD shifter, near driver seat, location of HMM-7#9/#10.
**She described removing the seats of the car (driver/passenger), going over the seats with tape to collect evidence, vacuuming the entire car for any more evidence that they may have missed, and Flourozene (what I wrote down they tested the truck with to see if there was blood present. Only UV/blood reactive chemical I knew about was Luminol, not sure if I missed something here... But they both do the same thing) testing the entire truck interior. Walker also collected trace material off Asha's sweatshirt, tarp remnants and fox tails were present.
REG-9#X Asha's Sweatshirt
How much tarp material was on the sweatshirt?
~40ish (these are barely visible, if at all, with the naked eye). It was present on every part of the sweatshirt.
Fox tails were also present around the wasteband for the sweatshirt, pants and socks.
PEOPLES EXHIBIT 121
Pic of lower waistband of sweatshirt.
REG-9#9B : Tarp material from Front / Back of the right arm.
REG-9#9D : More tarp material.
REG-9#9N : Fox tails with staints similar to those found in McClish's truck.
~10 stains present on the sweatshirt that tested positive for blood.
REG-9#11 : Pants: 5 red stains positive for blood. Turquoise trace material.
REG-14 : Vacuuming of Melissa'svan, no tarp material present.
Fox tails present on shoelaces.
LW-15 : Bloody fox tails on backpack.
PEOPLES EXHIBIT 123
Pic of bloody fox tails from backpack.
Backpack tested positive for blood.
LARA WALKER PRESENTED 3 PEOPLES EXHIBITS SHE PREPARED HERSELF,
these showed 3 pictures taken at different times in most cases by multiple different people showing that there was no change in the areas where evidence was gathered. IE fox tails collected in 2007 were photographed in place in 2006.
PEOPLES EXHIBIT 125
Photo 1088 - Gidding - September 12, 2006.
2 more pictures showing the passenger area between the seat and door where collections took place.
PEOPLES EXHIBIT 126
3 photos showing time lapse, didn't note what part of vehicle.
PEOPLES EXHIBIT 127
3 photos showing time lapse, showing door jam area, passenger side.
**There were objections from the defense when Lara Walker testified to PE 125-127 BECAUSE HER SAYING WHEN GIDDING TOOK THE PICTURES IS HEARSAY. Even though he already testified under oath about said pictures, when they were taken, and this was admitted into evidence. Another case of "Why?" It's like TW objects for the sake of objecting, even if said objection is sustained it bears no change to the case.
Were you present at the scene where Asha's body was found? Her autopsy?
No, no.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DEFENSE:
Evidence was not sent directly by you to the lab?
No, it was released to the Sheriff's Office, and they would send. But I saw the receipts of the lab.
What about false positives in blood tests?
Yes, Horseradish and Rusty both give false positives. But they appear different from blood, easy to distinguish. Harder with rust.
**COURT RECESS, WASNT ABLE TO MAKE THE REST OF HER TESTIMONY**
California Department of Justice Crime Lab.
What is your title?
Senior Criminologist. Worked for the DOJ since 1997. Bachelors Degree in Forensics, minor in Chemistry and Biology. Private Forensic Company employee for 15 years prior to joining the DOJ.
How many times have you testified?
Over 200.
**She qualified as an expert witness, which means that she is able to give her opinion.
What was your involvement timeline with this case?
September 2006-Summer 2007. On and off in 2008.
How much time have you invested in this case?
500 hours, 750 hours including help.
How much evidence did you collect?
~100 items.
What was your initial involvement in this case?
My focus was McClish's truck.
What did you do February 23, 2007?
Investigated McClish's truck, inspected stains, tested negative for blood, went back to check.
Was Mata there? Why?
Yes, he let me into the locked CSI Garage as I do not have access.
Tell me about the fox tails you found and collected?
I collected from standing outside the car and reaching in. Put and taped in envelope.
PEOPLES EXHIBIT 94
Picture of fox tail (LW15 item number)
When you collected it, did you notice the blood immediately?
No, it just looked dirty.
What else did you take to the lab to look at further?
Swabs from the headlight switch, and the bottle opener on the key chain.
Did the headlight switch screen positive for blood?
Yes.
What did you look at? Chronologically.
Looked at the items submitted by the Sheriff.
The camo hat.
Cellphone, keys, belt, shoes and credit cards.
What did you do next?
Vacuumed sections of the truck with an evidence gatherer (read: vacuum with a filter on it).
Labeled REG-15#6.
The sample was taped, sealed and initialed in a bag within a bag.
PEOPLES EXHIBIT 111
Pic of vacuuming contents.
PEOPLES EXHIBIT 112
Contents of bag open, shows filter. Contents: Hair, vegetation with red stains that appears to be blood.
PEOPLES EXHIBIT 113
Pic of fox tail(s) magnified.
PEOPLES EXHIBIT 114
Pic of vegetation with blood, (REG-15#6A).
**Mrs Walker went over lab procedure, which includes completely cleaning with bleach.
What did you do after that?
Searched the canister for more vegetation with red staining (had not yet been proven to be blood).
PEOPLES EXHIBIT 116
Pic of bloody fox tail, on post it note it was packed in, REG-15#6B.
PEOPLES EXHIBIT 117
Pic of separation of trace items, zoomed in, tarp material on post it note, REG-15#6E.
PEOPLES EXHIBIT 118
Non-zoomed picture of REG-15#6E.
What did you do with REG-15#6A and REG-15#6B?
I sent them to the DOJ's DNA lab. (seen by Sacramento DOJ Lab trace expert Faye Springer).
Blue/green trace material also sent.
Did you find any hair?
Yes, REG-15#6C. The hair was also sent to Faye Springer at the DOJ Lab.
Did you return to the truck to gather more evidence?
Yes I did, April 25, 2007.
PEOPLES EXHIBIT 119
Diagram of Michael McClish's truck with notes of where evidence was gathered from. LW15 (another bloody fox tail, or fox tail with blood on it, so as to not confuse all the UK'ers reading this...) labeled near the 4WD shifter.
[Question I missed]?
In April when I went back to the truck I knew more what to look for [fox tails with blood].
JMM-7#2 : Vegetation with red stain, found near passenger seat.
JMM-7#1 : More bloody vegetation, found under passenger seat.
PEOPLES EXHIBIT 103
Pic of item JMM-7#2
JMM-7#5 : Located in door jam, weather stripping of passenger door. Another fox tail with blood on it.
JMM-7#7 : Front passenger floor, bloody fox tail, stuck in carpet.
PEOPLES EXHIBIT 120
Microscope picture of JMM-7#7, bloody fox tail with bloody debris.
JMM-7#9 / JMM-7#10 : MORE BLOODY FOXTAILS, WITH BLOOD ON THEM.
PEOPLES EXHIBIT 105
Pic of 4WD shifter, near driver seat, location of HMM-7#9/#10.
**She described removing the seats of the car (driver/passenger), going over the seats with tape to collect evidence, vacuuming the entire car for any more evidence that they may have missed, and Flourozene (what I wrote down they tested the truck with to see if there was blood present. Only UV/blood reactive chemical I knew about was Luminol, not sure if I missed something here... But they both do the same thing) testing the entire truck interior. Walker also collected trace material off Asha's sweatshirt, tarp remnants and fox tails were present.
REG-9#X Asha's Sweatshirt
How much tarp material was on the sweatshirt?
~40ish (these are barely visible, if at all, with the naked eye). It was present on every part of the sweatshirt.
Fox tails were also present around the wasteband for the sweatshirt, pants and socks.
PEOPLES EXHIBIT 121
Pic of lower waistband of sweatshirt.
REG-9#9B : Tarp material from Front / Back of the right arm.
REG-9#9D : More tarp material.
REG-9#9N : Fox tails with staints similar to those found in McClish's truck.
~10 stains present on the sweatshirt that tested positive for blood.
REG-9#11 : Pants: 5 red stains positive for blood. Turquoise trace material.
REG-14 : Vacuuming of Melissa'svan, no tarp material present.
Fox tails present on shoelaces.
LW-15 : Bloody fox tails on backpack.
PEOPLES EXHIBIT 123
Pic of bloody fox tails from backpack.
Backpack tested positive for blood.
LARA WALKER PRESENTED 3 PEOPLES EXHIBITS SHE PREPARED HERSELF,
these showed 3 pictures taken at different times in most cases by multiple different people showing that there was no change in the areas where evidence was gathered. IE fox tails collected in 2007 were photographed in place in 2006.
PEOPLES EXHIBIT 125
Photo 1088 - Gidding - September 12, 2006.
2 more pictures showing the passenger area between the seat and door where collections took place.
PEOPLES EXHIBIT 126
3 photos showing time lapse, didn't note what part of vehicle.
PEOPLES EXHIBIT 127
3 photos showing time lapse, showing door jam area, passenger side.
**There were objections from the defense when Lara Walker testified to PE 125-127 BECAUSE HER SAYING WHEN GIDDING TOOK THE PICTURES IS HEARSAY. Even though he already testified under oath about said pictures, when they were taken, and this was admitted into evidence. Another case of "Why?" It's like TW objects for the sake of objecting, even if said objection is sustained it bears no change to the case.
Were you present at the scene where Asha's body was found? Her autopsy?
No, no.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DEFENSE:
Evidence was not sent directly by you to the lab?
No, it was released to the Sheriff's Office, and they would send. But I saw the receipts of the lab.
What about false positives in blood tests?
Yes, Horseradish and Rusty both give false positives. But they appear different from blood, easy to distinguish. Harder with rust.
**COURT RECESS, WASNT ABLE TO MAKE THE REST OF HER TESTIMONY**
Tom Fetor, Richmond DNA Lab
Education, Background:
Bachelor's in Chemistry, Masters in Cell and Molecular Biology.
Expert witness over 100 times.
1,000+ cases.
Works with Mitochondrial DNA
A quick rundown of Mitochondrial DNA (mtDNA) vs Nuclear DNA (DNA):
It is present in hair, Nuclear is not. Mitochondrial DNA is inherited from your mother, it is indistinguishable from your mother's mtDNA, your grandmother's, etc etc etc. Males do not contribute to the mtDNA of their offspring. mtDNA is circular in structure vs the helix of DNA. For more info: Read this.
Mr Fetor looked at:
REG-15#6c : Brown hair, ~3/4 inch.
When using the Cambridge/Anderson Reference Sequence, CRS, (info here for those curious), he found 3 discrepancies.
16192
16256
16270
The same sequence discrepancies were found in Asha's blood sample.
Conclusion: The hair was Asha's.
**No one in Michael McClish's maternal line matched.
Bachelor's in Chemistry, Masters in Cell and Molecular Biology.
Expert witness over 100 times.
1,000+ cases.
Works with Mitochondrial DNA
A quick rundown of Mitochondrial DNA (mtDNA) vs Nuclear DNA (DNA):
It is present in hair, Nuclear is not. Mitochondrial DNA is inherited from your mother, it is indistinguishable from your mother's mtDNA, your grandmother's, etc etc etc. Males do not contribute to the mtDNA of their offspring. mtDNA is circular in structure vs the helix of DNA. For more info: Read this.
Mr Fetor looked at:
REG-15#6c : Brown hair, ~3/4 inch.
When using the Cambridge/Anderson Reference Sequence, CRS, (info here for those curious), he found 3 discrepancies.
16192
16256
16270
The same sequence discrepancies were found in Asha's blood sample.
Conclusion: The hair was Asha's.
**No one in Michael McClish's maternal line matched.
Angela Meyers, DOJ DNA Lab, AKA "Mrs 1.9x10^16"
**Angela Meyers testimony has not concluded, and I will be updating with a few people that testified before her later tonight, but the content of her testimony makes it one of the most important thus far. **
Where do you work?
Jan Bashinski DNA Lab in Richmond, CA.
How long have you worked for the Department of Justice?
About 10 years as a Forensic DNA Analyst.
I have conducted over 1,000 DNA tests, Testified 10-15 times.
Bachelors in Biology and classes on DNA testing/analysis by California State.
How many items of evidence did you look at in this case?
About 80.
How much time did you invest working on this case?
Weeks, maybe months.
How many reports did you write in regards to this case?
I think 10.
What did you start out doing on this case?
Paternity testing to identify the father of Asha's unborn child.
SAMPLES SHE WORKED WITH:
REG-2#1 : Blood sample from the unborn child.
REG-9#3 : Asha's blood.
JIP-5#9 : Richard Veil cheek swab (DNA).
PAW-1#2 : Michael McClish's blood sample.
Findings: Strong evidence Richard Veil is the paternal father of Asha's unborn child, Michael McClish excluded as possible father. She talked about probabilities in regards to race, for Caucasians it was 1 in 1,800,000 that someone Caucasian would have the same markers, making them a possible paternity match.
More evidence:
REG-9#1 : The noose of yellow rope found around Asha's neck.
PEOPLES EXHIBIT 183
Pic of REG-9#1 packaging as Meyers received it.
PEOPLES EXHIBIT 184
Pic of REG-9#1 as taken by Meyers in the condition she received it. Large clump of hair still attached.
PEOPLES EXHIBIT 185
Pic of REG-9#1 as taken by Meyers after hair was removed.
PEOPLES EXHIBIT 186
Pic of REG-9#1 as taken by Meyers, close up of knot.
PEOPLES EXHIBIT 187
Another close up of the knot from above.
She swabbed bloodless areas of the rope three times in order to find DNA of anyone that handled the rope. She found 3 DNA profiles.
1) Major profile was Asha.
2) Major male profile, unknown male, did not find a match in CODIS DNA Database, still being searched, explained below.
3) Low Level Profile.
Richard Veil was excluded as a contributor to either profile 2 or 3.
McClish was excluded as the major male profile, but could not be excluded as the low level profile (3).
NOTE ON CODIS: FBI maintained DNA Database. From their website:
Q: What is CODIS?
A: CODIS is the acronym for the “Combined DNA Index System” and is the generic term used to describe the FBI’s program of support for criminal justice DNA databases as well as the software used to run these databases. The National DNA Index System or NDIS is considered one part of CODIS, the national level, containing the DNA profiles contributed by federal, state, and local participating forensic laboratories.
For more info: CODIS FAQ, CODIS General.
Meyers listed all of the people involved in the case that she was given DNA samples of to test found DNA against, would determine if any of the DNA evidence she found could be ruled out by contamination from investigators. She listed the DNA she was given, and it was pretty much everyone that had any connection to the case, including DA Jeff Rosell who I don't believe was ever at any of the crime scenes, showing they went above and beyond. Not one appeared in any of her findings.
REG-2#21 : Swab from the top of the steering wheel in Asha's car.
REG-2#22 : Swab from the bottom of the steering wheel in Asha's car.
Asha was the major contributor of DNA found on swabs (obviously). There was a minor male DNA profile present, McClish's DNA profile was consistent with a match. Probability that another Caucasian could be a profile match: 1 in 130,000.
**At this point of the testimony I noted that Michael McClish was not his normal motionless, emotionless self. He was fidgeting a lot and his face was flinching, something I have not noticed him do thus far.
MAM05161 (was said quick, not sure these are accurate #s) - Asha's Credit Cards. Low level mixture DNA, there was not enough info to use.
**I want to note that I was watching McClish during Mrs. Meyers testimony regarding REG-15#6a, I knew its significance and I wanted to see his reaction, and I saw the last thing I expected, a big smirk. For lack of a better word, as smirk doesn't really describe it, he had a big old 'shit eating grin.' Excuse the French, but that's what it was.
*********************************************************************
All other evidence ignored. All preconceived notions of Michael McClish, and Asha ignored...
A pregnant woman in a small town is killed. She suspects a married man is the father (proven beyond a reasonable doubt). She meets with the married man one night to discuss the child (proven beyond a reasonable doubt) and is never seen again. Her blood is found in his car when he is the last one confirmed to have been with her before her disappearance.
As a juror that is enough for me to lean towards guilt. It may not be beyond a reasonable doubt that he killed her, but coupled with all of the other evidence already presented in this case I believe it is the death knell in McClish's trial. I do not see the Jury returning a Not Guilty verdict after today in good conscience.
Where do you work?
Jan Bashinski DNA Lab in Richmond, CA.
How long have you worked for the Department of Justice?
About 10 years as a Forensic DNA Analyst.
I have conducted over 1,000 DNA tests, Testified 10-15 times.
Bachelors in Biology and classes on DNA testing/analysis by California State.
How many items of evidence did you look at in this case?
About 80.
How much time did you invest working on this case?
Weeks, maybe months.
How many reports did you write in regards to this case?
I think 10.
What did you start out doing on this case?
Paternity testing to identify the father of Asha's unborn child.
SAMPLES SHE WORKED WITH:
REG-2#1 : Blood sample from the unborn child.
REG-9#3 : Asha's blood.
JIP-5#9 : Richard Veil cheek swab (DNA).
PAW-1#2 : Michael McClish's blood sample.
Findings: Strong evidence Richard Veil is the paternal father of Asha's unborn child, Michael McClish excluded as possible father. She talked about probabilities in regards to race, for Caucasians it was 1 in 1,800,000 that someone Caucasian would have the same markers, making them a possible paternity match.
More evidence:
REG-9#1 : The noose of yellow rope found around Asha's neck.
PEOPLES EXHIBIT 183
Pic of REG-9#1 packaging as Meyers received it.
PEOPLES EXHIBIT 184
Pic of REG-9#1 as taken by Meyers in the condition she received it. Large clump of hair still attached.
PEOPLES EXHIBIT 185
Pic of REG-9#1 as taken by Meyers after hair was removed.
PEOPLES EXHIBIT 186
Pic of REG-9#1 as taken by Meyers, close up of knot.
PEOPLES EXHIBIT 187
Another close up of the knot from above.
She swabbed bloodless areas of the rope three times in order to find DNA of anyone that handled the rope. She found 3 DNA profiles.
1) Major profile was Asha.
2) Major male profile, unknown male, did not find a match in CODIS DNA Database, still being searched, explained below.
3) Low Level Profile.
Richard Veil was excluded as a contributor to either profile 2 or 3.
McClish was excluded as the major male profile, but could not be excluded as the low level profile (3).
NOTE ON CODIS: FBI maintained DNA Database. From their website:
Q: What is CODIS?
A: CODIS is the acronym for the “Combined DNA Index System” and is the generic term used to describe the FBI’s program of support for criminal justice DNA databases as well as the software used to run these databases. The National DNA Index System or NDIS is considered one part of CODIS, the national level, containing the DNA profiles contributed by federal, state, and local participating forensic laboratories.
For more info: CODIS FAQ, CODIS General.
Meyers listed all of the people involved in the case that she was given DNA samples of to test found DNA against, would determine if any of the DNA evidence she found could be ruled out by contamination from investigators. She listed the DNA she was given, and it was pretty much everyone that had any connection to the case, including DA Jeff Rosell who I don't believe was ever at any of the crime scenes, showing they went above and beyond. Not one appeared in any of her findings.
REG-2#21 : Swab from the top of the steering wheel in Asha's car.
REG-2#22 : Swab from the bottom of the steering wheel in Asha's car.
Asha was the major contributor of DNA found on swabs (obviously). There was a minor male DNA profile present, McClish's DNA profile was consistent with a match. Probability that another Caucasian could be a profile match: 1 in 130,000.
**At this point of the testimony I noted that Michael McClish was not his normal motionless, emotionless self. He was fidgeting a lot and his face was flinching, something I have not noticed him do thus far.
MAM05161 (was said quick, not sure these are accurate #s) - Asha's Credit Cards. Low level mixture DNA, there was not enough info to use.
REG-15#6a (THIS IS WHAT I HAVE BEEN WAITING FOR).
Bloody vegetation collected by Mrs. Walker from between the passenger seat and passenger door.
Great sample, she got results for every segment she was after.
-Compared to Asha's blood sample.
-Match in all 13 segments she tested.
-Chances it is DNA from ANYONE ELSE: 1 in 19 Quadrillion. or 1 in 1.9x10^16, or 1 in 19,000,000,000,000,000. There are only 7,000,000,000 people on earth currently... IT IS ASHA's BLOOD. To say otherwise would be like saying you still believe the Earth to be flat, stupid.**I want to note that I was watching McClish during Mrs. Meyers testimony regarding REG-15#6a, I knew its significance and I wanted to see his reaction, and I saw the last thing I expected, a big smirk. For lack of a better word, as smirk doesn't really describe it, he had a big old 'shit eating grin.' Excuse the French, but that's what it was.
*********************************************************************
All other evidence ignored. All preconceived notions of Michael McClish, and Asha ignored...
A pregnant woman in a small town is killed. She suspects a married man is the father (proven beyond a reasonable doubt). She meets with the married man one night to discuss the child (proven beyond a reasonable doubt) and is never seen again. Her blood is found in his car when he is the last one confirmed to have been with her before her disappearance.
As a juror that is enough for me to lean towards guilt. It may not be beyond a reasonable doubt that he killed her, but coupled with all of the other evidence already presented in this case I believe it is the death knell in McClish's trial. I do not see the Jury returning a Not Guilty verdict after today in good conscience.
Thursday, November 10, 2011
Dr Neal Haskall
Education:
Purdue for BS in Entomology
MS Forensic Entomology
PhD Forensic Entomology
~education in Climatology, Forensic Pathology, Statistics.
Belongs to:
American Academy for Forensic Sciences.
Antimology Association of American.
Mid West Association of Forensic Sciences.
Testifies for Defense AND Prosecution (~50/50)
Is considered an expert in 29 states, has testified 100s of times.
He works with a body farm as he continues to research his trade.
He is able to determine a small window for time of death based on the life cycle of the bugs found on the corpse.
Explained that temperature is an important factor in decomposition.
He has worked over a thousand cases in his career.
Layed out the 7 stage life cycle for blow flies (the type found on Asha and sent to him for analysis.
1) eggs, 12-24 hours to hatch
2) first stage larvae
3) second stage larvae
4) 3rd larger, lots of feeding, if there are enough of them you can hear them eating (desc as 'snap, crackle, pop')
5) post eating larvae, crawl away from carrion
6) pupae
7) fly
He received evidence from the case on September 21, 2006.
Some were still alive, he raised them to full development to determine species.
He received 5 samples:
1) all dead, immediately preserved.
2) healthy, raised to full term.
3-5 came from the morgue
What information do you use to determine time of death?
Temperature, Weather, pictures of the crime scene are all used in addition to the specimens.
He testified that the flies had to have laid their eggs on the corpse during September 10th, placing death on the 9th. He said by Sunday the 10th at 3:00 flies were already laying their eggs on the corpse. When asked if his findings were consistent with a body killed September 9th between 7:00-9:00PM he said yes.
On the cross examination TW again messed dates up. When he asked if it was possible that the body was killed early Sunday morning and not Saturday night, his response was, word for word, "Yes, and it is possible little green men came from mars and put stage 3 maggots on her as well." Court erupted into laughter, the Bailiff could barely contain himself, and TW looked very disgruntled.
Dr Haskall was by far the most calm and collected on the stand out of everyone I have seen testify in this case. He is obviously an expert witness, he was never unprepared, always had a quick answer directly to the point, and was unphased by the Defense trying to confuse dates.
Purdue for BS in Entomology
MS Forensic Entomology
PhD Forensic Entomology
~education in Climatology, Forensic Pathology, Statistics.
Belongs to:
American Academy for Forensic Sciences.
Antimology Association of American.
Mid West Association of Forensic Sciences.
Testifies for Defense AND Prosecution (~50/50)
Is considered an expert in 29 states, has testified 100s of times.
He works with a body farm as he continues to research his trade.
He is able to determine a small window for time of death based on the life cycle of the bugs found on the corpse.
Explained that temperature is an important factor in decomposition.
He has worked over a thousand cases in his career.
Layed out the 7 stage life cycle for blow flies (the type found on Asha and sent to him for analysis.
1) eggs, 12-24 hours to hatch
2) first stage larvae
3) second stage larvae
4) 3rd larger, lots of feeding, if there are enough of them you can hear them eating (desc as 'snap, crackle, pop')
5) post eating larvae, crawl away from carrion
6) pupae
7) fly
He received evidence from the case on September 21, 2006.
Some were still alive, he raised them to full development to determine species.
He received 5 samples:
1) all dead, immediately preserved.
2) healthy, raised to full term.
3-5 came from the morgue
What information do you use to determine time of death?
Temperature, Weather, pictures of the crime scene are all used in addition to the specimens.
He testified that the flies had to have laid their eggs on the corpse during September 10th, placing death on the 9th. He said by Sunday the 10th at 3:00 flies were already laying their eggs on the corpse. When asked if his findings were consistent with a body killed September 9th between 7:00-9:00PM he said yes.
On the cross examination TW again messed dates up. When he asked if it was possible that the body was killed early Sunday morning and not Saturday night, his response was, word for word, "Yes, and it is possible little green men came from mars and put stage 3 maggots on her as well." Court erupted into laughter, the Bailiff could barely contain himself, and TW looked very disgruntled.
Dr Haskall was by far the most calm and collected on the stand out of everyone I have seen testify in this case. He is obviously an expert witness, he was never unprepared, always had a quick answer directly to the point, and was unphased by the Defense trying to confuse dates.
Debrah Gilstrap
Registered nurse since 1995, received state training in forensics in 1996, took blood from McClish with Jermey Verinsky present and taking pictures. Also took swabs from Michael McClish's mouth for DNA testing. Her testimony was very quick, the Defense didn't even ask a question.
Frank Eryavec
Writing word for word, as best I can, has become increasingly tedious as it becomes more and more apparent why said person is on the stand. I will be as thorough when it is a key witness, but for testimony that is only done to provide foundation for evidence to be admissible I will be much shorter.
Frank Eryavec now teaches Forensic Science, he was a Deputy with Santa Cruz County Sheriffs Department for 29 years. In 2006 he was on patrol in the valley when Asha's body was found. Hildenbrant lead him to the scene of the body, and he kept the crime scene log, documenting everyone in and out, as well as the times. He was also a coroner's investigator for 4 years. He never went down to the body, and only allowed a select few that have already testified to go down to the body. Patrick, Ramsey and Selay all arrived at 6:15 and left at 6:30. He was never around Asha's body after the scene it was found at (which he didn't walk down to). He wasn't present for the autopsy, nor did he ever go near the defendant's truck or his wife's van.
He was on the stand to provide legitimacy to the crime scene log, so that it could be accepted into evidence, and so that the jury would see the man that made it.
Frank Eryavec now teaches Forensic Science, he was a Deputy with Santa Cruz County Sheriffs Department for 29 years. In 2006 he was on patrol in the valley when Asha's body was found. Hildenbrant lead him to the scene of the body, and he kept the crime scene log, documenting everyone in and out, as well as the times. He was also a coroner's investigator for 4 years. He never went down to the body, and only allowed a select few that have already testified to go down to the body. Patrick, Ramsey and Selay all arrived at 6:15 and left at 6:30. He was never around Asha's body after the scene it was found at (which he didn't walk down to). He wasn't present for the autopsy, nor did he ever go near the defendant's truck or his wife's van.
He was on the stand to provide legitimacy to the crime scene log, so that it could be accepted into evidence, and so that the jury would see the man that made it.
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