Sunday, September 7, 2008

The Prosecutor's Case .. Continued

Here is the photo, again the same photo, People's 70. These are the actual photos that Detective Brocchini took on the 24th. And you can see where the pliers are.
The end of the pliers there, underneath the bench seat in the boat. This is on the 24th. So we know that those pliers, when Detective Brocchini went to the warehouse on December 24th, that the needle-nose or the portion of the pliers where that hair is underneath the bench seat of the boat.
So right out of the gate let's ask ourself, if Laci, although she never told anybody she saw the boat or knew of the boat or anything else, if we assume that she did, just for the sake of argument, and she leaned over somehow into the boat, how did her hair get into the needle-nose or jaw portion of the pliers?

His own witness makes it clear it fell in. There's no other, reasonable, explanation and, even if he could prove something else it would have no evidentiary value.

Here is the picture of the pliers as they were on the 26th or the 27th. I don't remember exactly which day, when the search warrant was served. And you can see where they were. Remember where they were on the 24th. Here's where they were on the 26th and 27th. The exact same place.
So now we know where the pliers were on the evening of the 24th. We know they didn't move until the search warrant was served on the 26th or the 27th.
And remember what the testimony was. That picture that's on the screen, and I can't remember what People's number it is, but you've seen it a million times.
I think it's 120 A, was taken right after the hairs were picked up.
And look where those little boxes are. Where those little boxes are, there's a little tiny bit of debris. Remember the plant expert came and said, because remember what happened was, remember they thought this was one hair originally, and then remember they checked it later and the two hair fragments came out.
And the expert came and said Yeah, it was two hair fragments, and in his opinion it was probably two separate hairs.
Well, look at it logically. This is what the detectives see when they pull it out in the search warrant. It looks like one hair. Nobody pulled them out at that time to look. Remember what the testimony was, they opened the evidence bag, opened up the pliers and dropped it down in there.
And remember that little piece of debris which the plant expert came and said it wasn't organic. It was something non-organic.
And also look at the other end, that little tiny grass. Remember he said it was common bluegrass, or something on there. So how do we know, this is the 26th, how do we know for sure nobody messed with this hair at all, that there's nothing at all wrong with this, that nothing bad happened, nobody planted or did anything? Well, remember those two little fragments; they're there on the 26th and the 27th, go to the next picture, and there they are again when the criminalist gets them and is ready to do his examination.
So if somebody planted hairs in, they would have to plant the exact same tiny little fragments that we saw from before. And that just didn't happen.
So we know without any doubt that the two hair, or the hair fragments that were collected from the 26th are the same ones that were tested by the criminalist when he got it, because it's right there in his picture.
Is this a good time for a break?

When we left off I was talking about the pliers. Remember what else the expert said. The hairs were matched or splayed by biomechanical means, which means they got crunched in the pliers' jaw.

When the MPD picked up the pliers and squeezed them onto the hair.

If your hair just falls out and falls down into the pliers, how is that going to happen? You know it can't. That's further evidence, of course, these pliers were used in this crime. There is a lot of talk, go back to the main picture of the pliers. The first one. The first one. Picture one.
There is a lot of talk about these pliers. And remembering back, remember how the expert came and testified that when she examined the pliers they were rusted? Remember there was a whole lot of talk about whether, well, whether the pliers were recently used? That was part, now they are pretty rusted.
Well, don't forget there is plenty of pictures, I'm not going to show you now, but there is plenty of pictures of water in the bottom of that boat. These pliers were sitting in salt water for a time until they were picked up. So it was at least a couple of days. And then when they were picked up, they just continued rusting until they tested them in February.

Why were they so careless as to allow this to happen? A carelessness they exhibited on many other occasions?

How do we know that? Don't take my word for it. You don't have to. Take a look at this picture. Right here, down by the, look down here by the handle of the pliers, and the thing is black. There is a little bit of rust on here.
You will have a lot better picture of it when you take it back there with you.
Here we know for sure is a black tiny bit of rust. Look what the pliers look like when they test this, she tests them in February, months later. Now they are completely rusted. Look at this. Completely rusted. Completely rusted. They just continued rusting.
They weren't rusted back when the defendant used them in this crime.

Once again, no evidence of this – just Distaso’s opinions.

They rusted when she got them, because nobody cleaned them off. They put them in the evidence locker waiting to test, they continued to rust.
I want to go back to Doctor Cheng's testimony very briefly. When I said there was a big storm that pushed those bodies loose, I guess I said February 12th. I didn't even know if he mentioned that to me at the break. It was actually April 12th, if you remember what his testimony was.
He also said, this one last thing I want to talk about, that he also said that the weather on the 24th, remember the winds were calm. A good day to, you know, again, going back to that, well, yeah the boat would have pitched, all that kind of stuff? He said, no, the winds were calm. It was a pretty uneventful day out on the San Francisco Bay on the 24th. Easily doable for the defendant to just motor out there, dump Laci, come on back.

Once again, no evidence of this – just Distaso’s opinions. Why no test of this theory? We know why. Even Distaso knew it was not possible.

Let's take a look at this anchor real quick. You guys have seen it, passed it around, everything else. Remember what the expert said about this? I mean the fishing expert. This cannot hold your boat in the San Francisco Bay. It cannot do it. Just can't. You throw it overboard, what's the first thing you are going to do? Start drifting. There is nothing that's going to grab in the mud.
Also, there is no rope on that here either. There is no rope on that anchor.
There was never any rope on that anchor, from any accounts that we have seen.

No rope? Then how did Scott attach the body to the alleged weights? Scotch tape?

Here is the picture that Detective Brocchini took on December 24th. No rope attached to that anchor. You are going to use that anchor, I mean if you are going to use that cement weight, is really is what it is, but we have been calling it an anchor. You are going to use that as an anchor, this is on the 24th.

Where is the proof of this? He forgot the rope. So what?

Where is the rope that it goes to. You know, you take this thing like it is now, like it is in that picture, pitch it over your boat? Well, of course it's gone, right? There is nothing that's going to hold your boat.
This is not an anchor. It's just a weight he made. He made a couple other ones, at least four or five other ones that he used to hold his wife's body down.

Once again, no evidence of this – just Distaso’s opinions.

Before I leave The Bay, I want to talk about, just briefly, a lot of testimony about them searching The Bay with the sonar. They didn't find anything. And, remember, you heard from the Dive Master, and he testified that, you know, there is a zero visibility in the bay. The tidal surge is incredible.
The way they searched The Bay, they get down on their hands and knees in the bottom and stick their hands down in the mud. I mean what are the chances of them finding anything, really? I mean like how small these anchors are. What are the chances in the entire San Francisco Bay? You saw the pictures. They are going to find this? Looks like searching for a needle in a haystack.
Also, you saw the sonar images, what the sonar really looks like. I think that I passed those pictures around to you. Tiny little squiggly blob, that is ten feet. How are you supposed to find a decomposing Laci Peterson on the bottom of The Bay?
Remember what they told you? We dropped our sonar fish. Remember that? We're going along, our sonar fish broke off. That's an $10,000 piece of equipment.
We hit the GPS coordinates so we know exactly where it went down. Took us three weeks. Remember, it's a big metal, I think he said three or four feet metal object, yellow, bright yellow. And he said we knew exactly where it went down.
Took us three or four weeks of searching. We didn't even find it.
Finally I saw this little hump that was down there. I sent a diver down, they were able to pull it out of the mud. That's how hard it was to find, something that they knew exactly where it was, that metal, and painted bright yellow.
What are the chances they are going to find Laci? Zero. I mean it's like finding a needle in a haystack.

So because they COULDN’T find her that proves she was there? Was this 'opposite' week? Yet they COULD find a much smaller object – and quickly. This proves Distaso wrong.

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