Friday, March 27, 2015

Argument - Counter Argument

I was scouring my computer for certain information and found this article I had started to put together years ago.  Though not complete, I think it's far enough along to be of value.  The part in black is the State's argument; in red is the counter argument.

1.        The most important fact
a.        The connection between Scott's fishing route and where the bodies were found proves that Scott dumped Laci's pregnant body in the Bay on December 24.
                                                               i.      Dr. Cheng’s analysis is seriously flawed        
1.        He could not trace Laci back to the fishing route, only Conner
2.        His wind data was grossly exaggerated
3.        The strong winds did not coincide with the low tide
4.        He used incorrect tidal times, getting his data from the SF station instead of the Richmond station
5.        He still had Conner off-shore at the time of the high tide
                                                              ii.      Conner did not wash ashore
1.        The high tide was a lower than average high tide, with insufficient water level to locate Conner 24 feet north of the breakwater
2.        Conner was found north of the debris line
                                                            iii.      Conner was too old to have died on or before December 24
1.        All eye witnesses described Conner as full-term newborn, even up to a month old
2.        Dr. Brian Peterson’s measurements produced a gestational age of 9 months
3.        Dr. Allison Galoway’s initial observations produced a gestational age of 36-38 weeks; only after applying junk science did she come up with a gestational age that fit Conner’s age on December 23
2.        How and Where
a.        Motive
                                                               i.      Scott didn't want a dull boring life with wife and kids, but freedom and the fantasy life of a rich, successful, jetsetter
1.        Scott was already an international traveler, both for business and for pleasure
2.        Laci allowed Scott a great deal of freedom
3.        Laci and Scott were financially secure
a.        Their own income was sufficient to meet their day-to-day needs
b.       Laci would be coming into a rather large inheritance
c.        Scott’s parents were very generous, such as giving them a costly membership to the Country Club
b.       The Plan
                                                               i.      October -- looking for a new relationship, Shawn Sibley
1.        More like a blatant attempt at a one-night stand
                                                              ii.      November -- starts relationship with Amber Frey
1.        Egged on by Shawn Sibley
2.        Amber made the first call to Scott, 3 phone calls in fact
3.        Scott started the relationship with a well-developed exit strategy
a.        Told her right up front that he would not be available for upcoming holidays
b.       Planned to be totally unavailable for about a 6-week period
c.        Made business trips to Fresno during the dating period in which he did not attempt to see Amber
                                                            iii.      Setup the end of January to be the end of the interest in Laci's disappearance
1.        No, that was his exit strategy – be totally unavailable through the entire Christmas season and until the end of January, giving Amber plenty of time to lose interest in him
c.        The Plan is solidified
                                                               i.      December 6 -- call from Shawn, about being married
1.        Most likely she already knew this, as she and Amber were already trying to track down a marriage record for Scott
                                                              ii.      December 7 -- he researches boats, waterways in Northern California
1.        Very reasonable thing to do for a fisherman who wants to do more fishing
                                                            iii.      December 8 -- he researches Bay charts and fishing information
1.        Very reasonable thing to do for a fisherman
                                                            iv.      December 9 -- he buys a boat
1.        Very reasonable thing to do for a fisherman
                                                             v.      December 20 -- he buys fishing pole and lures, 2-day fishing license
1.        Very reasonable thing to do for a fisherman
2.        These items not necessary to use a boat in the Bay
                                                            vi.      ----------- he made 5 homemade anchors, 4 used on Laci
1.        No evidence whatsoever that he made 4 additional anchors
2.        The weight of those 4 anchors would not have sunk her body
3.        No anchors were found during the extensive searches after the bodies were found
4.        Cheng’s theory about why Laci loosed from the anchors is blatantly false; strong winds did not coincide with an extremely low tide
d.       The Plan is put into action
                                                               i.      Scott strangled or smothered Laci on the night of December 23, or the morning of December 24 while she was dressing. 
1.        If on the night of the 23rd rigor mortis would have set in
2.        No evidence of death in the house
3.        The clothes Laci was found in were not the clothes she wore to Salon Salon
4.        Laci was on the computer the morning of the 24th
5.        Laci was seen walking in the neighborhood by at least 4 credible witnesses
6.        Laci encountered Todd committing the Medina burglary
                                                              ii.      He wrapped Laci in the blue tarp, put her into the Ford pickup, covered her with the market umbrellas, snapped McKenzie's leash on, and left the gate open so McKenzie would follow him.
1.        The blue tarp had no forensic evidence; the cadaver dogs did not hit on the tarp
2.        At least Distaso was smart enough to abandon the theory that Scott stuffed her into the green tool box
3.        No evidence presented that McKenzie would be apt to follow Scott’s vehicle
                                                            iii.      He left the house at 10:08 a.m.
1.        cell site information is not exact enough to pinpoint location
2.         the cell tower for the warehouse borders the 2 cell sites that handled the call
3.        Christmas Eve is traditionally a high-volume day, causing cell sites to overload and calls to be picked up by neighboring sites
4.        AT&T’s records and executives are ambiguous as to whether it was an incoming voice mail, or Scott checking his voicemail
                                                            iv.      Karen Servas found McKenzie at 10:18 a.m., not time for Laci to do what she needed to do, leave the house with McKenzie, get abducted, and McKenzie return home
1.        Karen Servas is not a reliable witness; she changed her timeline a couple of times; moreover as a witness she was hostile to Scott as early as Christmas Day, 2002
2.        The time is based on her Austin’s receipt, which proves she went to Austin’s but does not confirm the sequence of her errands
3.        Buehler did not confirm the accuracy of the register Servas used
4.        Her memory of her activities is unreliable (she thought for a year that she left at 5:05 for her evening engagement when she actually left at 4:05)
5.        Multiple explanations for why McKenzie was alone and not with Laci
a.        Laci was detained after leashing up McKenzie and he got out of the  yard
b.       McKenzie got away from Laci during the walk and they arrived home separately
6.        Karen Servas, the concerned neighbor that she is, does not know for a fact that Laci was not in the house, as she  didn’t bother to knock
7.        Multiple witnesses confirm Laci went on her walk
8.        The Tenbrinks knew Laci confronted Todd
                                                             v.      He drove to the warehouse, put her into the boat, attached the weights using the pliers, and put the boat cover on the boat.
1.        No cadaver scent in the boat
2.        Lab technician testified pliers had not been used recently enough to be involved in Laci’s disappearance
3.        The boat cover is not suitable for being on the boat during transport – it would blow off
                                                            vi.      Sometime after 11:00 a.m., he drove to the Bay, motored out to Brooks Island, and dumped Laci in the water.
1.        The area by Brooks Island is very shallow water, not at all suitable for dumping a body intended to not be found
2.        The 4 alleged weights would not have sunk Laci, nor kept her submerged
e.        Problems with executing the plan
                                                               i.      Original plan was to get to the Bay earlier, then go hang out at the Country club, have a few drinks, but it took him longer than he planned, he screwed up his alibi
1.        Just exactly what interfered with his plan?
a.        He didn’t seem to be in any hurry to get where he was going
b.       He took time to read and send emails
c.        He took time to assemble a mortise
2.        That alleged plan would still have left him with unaccounted for hours
                                                              ii.      He had to admit he was at the Marina because some people saw him
1.        If he was the liar he was made out to be, he would have lied about where he was UNTIL someone came forward to prove he was at the Bay
                                                            iii.      He thought he got her into the deep water, and she would wash out under the Golden Gate
1.        That’s pretty absurd to argue that Scott researched Bay charts but thought he was putting her into deep water
2.        No evidence that Scott did any research on the movement of bodies in the Bay to give him reason to think that the selected location would produce the desired results
3.        Better and easier ways to ensure she washed out to sea than buying a boat and motoring out to Brooks Island
3.        Evidence Scott wasn't fishing
a.        couldn't say what he was fishing for
b.       didn't have the right gear
                                                               i.      How could they know he didn’t have the right gear if he didn’t say what he was fishing for?
1.        He did tell Brocchini he was trolling, and he did in fact have a trolling motor and trolling line
2.        He told others he was interested in sturgeon fishing; that he did not have correct gear for, but he trolled instead
c.        SF Bay too risky for someone just taking the boat out for the first time
                                                               i.      But not too risky to take the boat out for the first time and use it to dump a body? 
d.       He doesn't tell anyone he talks to that afternoon that he has been to the Bay
                                                               i.      Nor does he tell anyone that he assembled a mortise, or that he’s going to his mother-in-law’s that night for diner
4.        Suspicious behavior
a.        He washed his clothes
                                                               i.      God forbid a husband wash his own clothing
                                                              ii.      Even Ron Grantski said Scott did a lot of things around the house
                                                            iii.      Washing clothes does not remove all traces of forensic evidence, and none was found on that clothing

                                                            iv.      He didn't wash the shoes he wore, and no forensics found on the shoes

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