Monday, January 24, 2011

Amanda Know appeal, it's contemporary fit with MOJ's in NZ..

When the Amanda Knox appeal was previewed in November 2010 an ex FBI investigator referred to 'golden bullet' evidence. That being evidence not found initially, but found sometime later and by all appearances when it was most 'needed.'


This of course is similar to the Crewe case here in NZ and also the Bain and Scott Watson cases. The spent cartridge cases 'missed' in the Crewe garden despite a grid search but discovered weeks later and finally years later revealed as having been planted. So to the Bain case where despite days of searching a lens was discovered in one of the rooms by a Detective not tasked with the job of searching, making the 'find' after hours in what ultimately proved to be a discredited link between David Bain and that room on the morning of the killers. So to the Watson case, hairs somehow missed on an early inspection found later. On each of these occasions the 'event' of the discoveries led to strengthening already weak circumstantial cases. The FBI retired investigator called that 'golden bullet' evidence and it also occurred with some DNA samples found in the crime scene of what I'm calling the 'Knox' weeks after the initial searches.

But reading more details of the Knox appeal there are other familiar 'issues' with the evidence. One of the prime witnesses happens to be a convicted drug dealer who has given 'important' evidence in 2 earlier murder trials no less. So too for Watson, a convenient gaol house informer pulled in to provide evidence of 'disclosures' made by Watson to a complete stranger. Thomas in the Crewe case verballed, David in the Bain case, leading questions put to him during is statements and later magnified to other 'significant' meanings.


Then we have the suggested 'motives' in all 4 cases, each it could be said deliberately prejudicial and of no probative value. In effect too prejudicial and without enough verified substance to be put to a Jury. In the Knox case it was 'sex' games gone wrong despite there being no proof of that. Arthur Thomas had to overcome the sinister suggestion that he had harboured a long term affection for one of the victims which might have driven him on to murder - a bloody big might, with no real place to be put before a Jury. David Bain had levelled at him the suggestion that he was in a girlfriend boyfriend relationship with his sister Laniet. The two deceased in the Scott Watson case provided an 'opportunity' that the crime was sex driven, a young potential couple, handsome and beautiful by turn, a purity destroyed by someone, anyone and Scott would do.

So common also is the motive of sex in some way intended sex, or denied sex, wrongful sex - all bases covered. The mere idea to reside in a Juror's mind where doubt might surface - 'oh yes sex, I shall convict.' If there is no viable link, nothing strong enough to overcome the potential prejudice as to why the beautiful young women, or partners might die then call the 0800 sex line, that will be worth a call but it won't be justice.

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