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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