Thursday, October 27, 2011

District Attorney Rosell's Opening Statement

 This was written bullet point style, as quickly as I could keep up with DA Rosell. Any comment after ** is purely my own.
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Asha was 28 years old.
She was a loving, caring and wonderful girl.
She was seven months pregnant with her first child, a daughter, at the time of her death.
Asha never got to become a mother, the coroner removed her child, not a nurse.
She was brutally and violently murdered by Michael McClish.
He killed her because he thought the child was his, and murdered Asha to keep the secret.
Asha grew up in Poland, went to college there, studied music.
There wasn't an instrument she couldn't play.
Mella (Spelling?) was a friend from college that moved to the US.
Asha moved here soon after, meeting Mella in NYC once.
Mella continued to talk to Asha weekly, Asha would confide in her.
Asha took care of children in NYC, working as an Au Pair (live in nanny).
She met Richard, who was from Santa Cruz County, and they moved here.
She started working at Ben Lomond Market in 2005.
She was always bubbly, friendly, and caring.
Defendant worked, and was indeed her manager, at Ben Lomond Market.
Michael McClish was married, and had three children.
He would cut wood on the side to make money, as well as yard work.
Ben Lomond Market employees saw Asha and McClish together outside of work, in a social setting.
McClish would hang out and drink at the Felton Cemetery.
Asha, when she found out she was pregnant, decided to keep the baby.
She experienced marital problems, ultimately leading to her separation from her husband.
September 9, 2006 Asha worked at Ben Lomond Market.
She got off work between 7:00-7:30 that night.
She never returned.
Barbera Laughter, Ben Lomond Market's HR person, filed a missing person's report September 12 after Asha failed to show for work two consecutive days.
This was out of the ordinary, she never missed work.
Deputy Chuck Brzozwski (spelling?) investigated the missing person, and was referred to Richard Veil.
Richard referred him to the Pregnancy Resource Center in Santa Cruz, specifically Tauna McGinnus.
They had 16 meetings together, relating to Immigration, Paternity testing, and birthing issues.
Aug 30th session between Asha and Tauna: DNA Paternity testing for 4 people - Asha, Baby, Richard, McClish.
September 7-9th, AV told Tauna about the need for a paternity test in order to prove father, and to seek financial support in the form of child support.
AV told TM that she thought McClish was the father.
September 12th Deputy seeks McClish for questioning.
Deputy asks McClish how well he knew Asha, his response was not very well except for work.
Deputy asked him if there was anything else he thought the Deputy should know, MM: "No."
Deputy to MM: Did you know she was seeing a pregnancy councilor? MM: "No."
Deputy: "Can you tell me why all the information points to you as the baby's father?"
MM Response: "I am an alcoholic, sometimes things get cloudy."
Deputy repeats question, MM repeats answer.
Deputy: Have you ever been intimate with Asha? MM: "Well things happen when you are intoxicated."
BLM HR woman says it is clear to her MM could be the father of the child.
Asha met with a Doula September 7th (kind of like a midwife, without the medical experience, there to help single women).
Asha told Doula, Coleen Crawford, that she needs financial support from the babies father, and that she suspected McClish to be the father.
Police looked at Asha's phone record's, last outgoing call was September 9th, 2006, after Asha got off work at 7:42PM to a New Jersey phone number.
The number belonged to her old college friend from Poland, Mella.
They discussed Asha's intentions from the Ben Lomond Market parking lot, she intended to talk to McClish, telling Mella it was the manager of Ben Lomond Market, about DNA Paternity testing, and going through the courts to get child support, if the child was his.
Asha practiced what she would say to McClish as Milla played the part of McClish.
Asha's last words on that phone call were, "Here he comes, I have to go."
Asha's body was found around 5:00pm September 14th.
In the dates between her disappearance and the finding of her body, only the killer knew she was dead (Sep 9-14).
Asha's death: Black epoxy paint was found on the back of her skull where she was maliciously beaten with a blunt instrument that had Black Epoxy Paint on it, which it transferred to her.
She had been choked, strangled by a piece of rope, which was still around her neck when she was found.
She was covered in bloody foxtails (many of them, her blood).
Description of how the baby died.
Description of body being dumped.
The baby turned out being Richard Veils.
Asha was found September 14th by a woman walking Love Creek Rd, she was a resident.
During the time between Asha's disappearance and her body being found, McClish acted suspicious.
McClish's wife threatened to leave him if he had an affair, and for the prior 6 months McClish had been in constant contact with her, Melissa, in regards to his whereabouts.
McClish came home September 9th at 7:00PM, told h8is wife he was going to Ben Lomond Market to buy water, and that he would be back in 5 minutes.
He didn't return for hours.
In the previous months he had been vigilant about letting Melissa know his whereabouts.
Melissa called him several times trying to track him down, no response.
McClish arrives home, says he was at a Glen Arbor property he had been doing sidejobs at.
He said he was able to work in the dark, something he hadn't done before, because of motion sensor lights.
There weren't motion sensor lights, nor had there ever been.
On September 19th, McClish went to the dump at 8:00AM.
McClish came home Saturday evening with what his wife described as erratic behavior, he was clingy/cuddly, sweet and nice, this was unusual.
McClish told his wife that if anyone asks, lie and say he was home all night the evening of September 9th, reason he gave was because of his suspended license, for a DUI.
Wife initially lied for him to Police Investigators.
She finally came clean and told Police she lied at his request, he wasn't there the evening of the 9th.
McClish told his wife that the baby wasn't his, BUT he drinks and things get cloudy... so...
0.6 miles from where Asha's body was found, McClish was there on the 6th or 7th talking to a man about possibly cutting wood on his property.
McClish washed his truck on Tuesday the 12th, Wednesday the 13th, and Thursday the 14th.
It was an old dirty work truck that his wife, neighbors and coworkers said he never washed, let alone 3 days in a row.
Investigation ended up speaking with Brandy Johnson, another Ben Lomond Market employee, one that was friends and eventually lovers with McClish, with whom he had yet another affair.
Brandy, McClish and Asha drank together (Felton Cemetery).
September 13th, McClish calls Brandy (the day before Asha's body was found) and tells her to lie when asked if they were ever together outside of work. **I believe this was in regards to Brandy seeing McClish with Asha outside of work, not if McClish and Brandy had been together outside of work.
September 13th, McClish calls another Ben Lomond Market employee, Angella, tells her to lie to the Police and say that he (McClish) was never with Asha outside of work, didn't want them to know that he had been with Asha in a remote location, as again Angella had been with McClish and Asha at the Felton Cemetery.
Forensics were collected (PROPERLY), bloody foxtails were examined and found to infact have Ashas DNA on them.
The foxtails were found on Asha, and IN McClish's CAR.
Asha's hair was also found in McClish's car.
Asha's body had decomposing poly ethaline in a green/blue, source was a decomposing tarp, which Police found a match with the one in McClish's truck. They were found to be indistinguishable from one another.
Rope around Asha's neck had blood on it.
All evidence will show McClish Brutally Murdered Asha.
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Notes: Defense wants Asha's confrontation to be inadmissible hearsay. Even though phone records could show that her last words were, "here he [Michael McClish] comes, I got to go." and GPS Info off her cell (if she had a smart phone, doubt it, so cell phone tower info) can show she was infact in the BLM parking lot at the time of the call. As could the security cameras that view the BLM parking lot. I believe it to be an outright lie that the cameras were inoperable, not recording, or in any other state of non-use. I am a betting man, and I would bet it all on them being perfectly operable and recording on September 9th.

Defense is worried about prior conversations coming into play, including that he wanted her to abort the baby, flagged as double hearsay. Also that Asha believed the conception of her child took place at the Felton Cemetery, which the defense really doesn't want admissible.

Like I said at the start, I already believed McClish to be guilty, hearing the opening statement by DA Rosell seriously cemented that for me. He had means, motive, opportunity. He is a convicted rapist, sodomite, and has made threats of serious bodily harm to female coworkers several times over the years. He is capable of the crime, but more importantly, he is capable of thinking he is smart enough to get away with it by coercing witnesses and lying to the police. His own wife, who has since divorced him probably due to his rape conviction, is now testifying against him (probably to avoid perjury charges on her own part). With this much damning evidence how can your defense be, "Well you know, I am an alcoholic, and things happen and things get cloudy when you drink. And yeah I met with her the night she disappeared. We drove up Love Creek to talk, but I didn't kill her up there, it is just a coincidence that she died up there, and on that day. Must have been a transient that brutally beat and killed this pregnant lady, kicking her in her stomach like it was a crime of passion. Yeah, while she was still missing I called and coerced three women I had sexual relations with to lie to police for me, saying that I never hung out with Asha outside of work, not yet 'knowing' she was dead. And yeah I washed my truck 3 days in a row, because you know I am an alcoholic and things get cloudy. I forgot I washed my truck the day before, oh and also that I never wash my truck."

McClish is serving 14 years for rape, sodomy and assault with the intent to do serious harm. Estimated yearly cost to taxpayers per prisoner in California is $47,102. His total cost for 14 years will be much larger due to the need for all his transportation for this new trial, but roughly: $659,428 which is hilarious because he never would have made that much working 14 years at BLM while supporting a wife and 3 kids... If he is convicted of Asha's murder, and that of her unborn daughter, he will be in jail for life. Assuming he doesn't get a shiv, and lives to be 75 (average life expectancy for a male in the USA) he will cost taxpayers $1,554,366.

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