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Guandique's Defense
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jane



Joined: 22 Sep 2002
Posts: 3278

PostPosted: Thu May 28, 2009 10:40 am    Post subject: Guandique's Defense Reply with quote

Hi everyone! I have been thinking of evidence Guandique's defense can present. I began with the prosecution assertion of Chandra jogging. (I used green for prosecution, red for defense points and purple for defense evidence/witnesses.
********************
What evidence does prosecution have that Chandra went to Rock Creek Park to jog or that she jogged to Rock Creek Park?

Her remains were found in the park
Chandra was not a jogger
Witness Chandra’s DC friends
Although Chandra canceled her gym membership, she still had access until end of May
Evidence gym paperwork if applicable
Witness gym personnel

Chandra considered Rock Creek Park a dangerous place to go alone
Witness Chandra’s DC friends
Chandra was generally security-conscious
Witness apartment workers that she kept chain on while speaking to them
Maybe not a good idea to question friends about pepper spray – prosecution could say that is what made her feel safe in the park
Clothes found with her remains were jogging clothes
Heavy clothing more appropriate for night of April 30 than hot temperature of May 1
Evidence weather records of high for May 1, lows for Apr 30 and May 1
Tennis shoes not sturdy enough for jogging over rough terrain
Clothing found with remains matches description by gym employee from night of Apr 30

Evidence from police records if they exist or reportners notes if possible
Witness gym employee Errol Thompson

She looked up Rock Creek Park on her computer morning of May 1
*****************
A very tedious process, and even trying to pay attention to detail, I probably should have put something about when the remains were placed in the park right at the top. The park was searched in the summer of 2001 and the remains were not found at that time. Were they there? Were tests conducted on the soil after the remains were found etc. Also, the 911 call about the scream in the early hours of May 1 have to go in here to throw into question whether Chandra was around to be using her computer... Very complex!
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Rainbow



Joined: 29 Jun 2006
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PostPosted: Sun May 31, 2009 2:20 pm    Post subject: What is the REAL story? Reply with quote

Nice work, Jane. There is definitely more, though. It might or might not come out. It probably depends on what the reasons for the murder were, who the perpetrator was (his/her national-/international- connections), what the reasons for the 8-year "unwillingness" to solve the case were and what the reasons behind the apparent current acquiesance in political spheres, in favor of supporting the "counter-story" are.
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Rainbow



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PostPosted: Sun May 31, 2009 10:44 pm    Post subject: Guandique's Defense Reply with quote

But here are some more thoughts:
--The affidavit says that Guandique supposedly murdered her on or around May 1, 2001.
--That's when she went missing. There is no evidence that she was murdered on that date.
--In fact, Guandique may have already been in custody on the actual date of her murder.
--Guandique kidnapped Chandra.
--The dogs lost Chandra's scent in front of her door. Chandra must have been picked up by a vehicle.
--Guandique did not own or have access to a vehicle. Guandique could not have kidnapped Chandra.

To be continued. . .
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jane



Joined: 22 Sep 2002
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PostPosted: Sun May 31, 2009 11:14 pm    Post subject: Reply with quote

Hi Rainbow - you're right that there's lots more. You are doing exactly what I hoped - adding to what I started. Good points!
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rd



Joined: 13 Sep 2002
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Location: Jacksonville, FL

PostPosted: Mon Jun 01, 2009 6:14 am    Post subject: Reply with quote

I have more to add tonight but just wanted to comment:

"the park" is the key phrase for the prosecution and what must be made clear to the jury that it is not "the park". Where Chandra was found is a steep high massive hill that they won't understand until they go there. We must never say the park in court. The prosecution will count on the jury blurring it all together as "jogging in the park". It has to be painfully obvious to them that it is not "the park" from the beginning, whatever it takes for them to envision "the Ridge horse trail" instead of "the park".

And part of that visibility is that Chandra was dumped there from a car. They will know that when they they know the crime scene well enough, and walk down to Beach Drive if they weren't sure before that.

On the other hand, prosecution will claim that the imaginary gang must have had a car. Going after the gang thing (witness from Guandique's brothers (who may be implied by prosecution to be the gang), girlfriend, landlady, same people who testified in grand jury in 2002 and grill them, grill them, grill them, and grill them some more. Same for employer, park ranger, others quoted in that WashPo series).

On testing location, critical that no DNA was found of Chandra in ground. Required to prove decomposition there. No proof she was murdered or decomposed there when DNA wasn't found. This is key. No proof Chandra was ever there to be murdered, and everything about her says she wasn't, especially including the pepper spray. In fact, it must be put forth that the prosecution is contending that Chandra was suicidal as Condit told the police and the police have acted as if she were from the beginning to do something no sane woman would do. If that seems harsh, have the jury start out from DuPont Circle at 1pm for the Ridge (including figuring out how to jog there) wearing what Chandra was wearing and carrying only what Chandra was carrying and see how long it takes them to agree.

Jury must understand beyond a reasonable doubt that Chandra wasn't there, would not and could not go there, and what it takes to be there before Guandique situation is even addressed. Basically the case is lowest life park drifter nearest a dumped body still makes it a dumped body, end of story. Argument over who's the lowest life irrelevant.

Defense also need to ask for postponement from January at least until May for time to prepare given lack of cooperation from prosecution and to allow trial to be held when jurors can experience conditions Chandra is alleged to have undergone. January would inhibit being able to experience that and may be deliberate government ploy. Possible judge just picked it from a hat but I would compare to other high profile murder cases and see when trial was initially scheduled to see if comparable. Even if it is, and I don't know if it is or not, I would argue that inability for jurors to experience the conditions Chandra was alleged to have undergone is predjudicial against justice for Chandra. Move for a trial at the beginning of May.

Background and analysis:

Guandique to be charged with Chandra's Murder Feb.20/09

Washington Post investigation of Chandra Levy cold case

Murder on a Horse Trail Chapter 24. Guandique

rd

Track offenders with GPS recorders!

click to read the online true crime mystery novel Murder on a Horse Trail: The Disappearance of Chandra Levy

www.justiceforchandra.com home page
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jane



Joined: 22 Sep 2002
Posts: 3278

PostPosted: Mon Jun 01, 2009 8:08 am    Post subject: Reply with quote

Thanks Rainbow and rd! Good points.

About gap between indictment and trial I found this
Quote:
The time between indictment and trial in federal capital cases has varied from as little as two months to as long as 28 months. The average time between indictment and trial is approximately 14 ½ months. The mean time is approximately 14 months.
http://www.capdefnet.org/fdprc/contents/litigation_guides/time_to_trial/05_continue_affidavit.htm

I will try to find info re the judge and post it in Cast of Characters.
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jane



Joined: 22 Sep 2002
Posts: 3278

PostPosted: Mon Jun 01, 2009 8:46 am    Post subject: Reply with quote

Have a gander at Cast of Characters. Judge Alprin does not appear to be a dyed-in-the-wool hardliner. However, in this case his sympathies may lie with Condit rather than with Guandique. Perhaps he does think Condit's reputation was unfairly ruined. But does the judge really believe Guandique is Chandra's killer?
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Rainbow



Joined: 29 Jun 2006
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PostPosted: Mon Jun 01, 2009 1:04 pm    Post subject: The Chandra Walk in the Park Challenge Reply with quote

Hi Jane and RD!
Yes, the defense needs to go back, way before the dumping ground even comes in to play. According to Billy Martin and Co. the murder was planned, prior to Chandra's arrival in Washington.

The Berkley Daily Planet
December 27, 2001

http://www.berkeleydailyplanet.com/issue/2001-12-27/article/9225

Billy Martin, the Levys’ Washington lawyer, said Levy most likely was the victim of a “well-planned kidnapping and removal.”

Had Levy been the victim of a random attack, Martin believes and police agree, her body probably would have been found by now. Police also probably would have found some physical evidence — blood, for instance — in or near her apartment.

“It’s highly unusual for no evidence of Chandra or her whereabouts to turn up, which leads us to conclude that Chandra has met with some professional or professionals who have removed every trace of her,” said Martin, a former federal prosecutor.
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Rainbow



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PostPosted: Mon Jun 01, 2009 7:27 pm    Post subject: Rock Creek Rough Terrain Reply with quote

Here's a quote by Ramsey to back up the "rough terrain" factor.

CNN.com Transcripts
May 22, 2002
http://www.cnnstudentnews.cnn.com/TRANSCRIPTS/0205/22/lkl.00.html

KING: Did not the police look in that area of Rock Creek Park last summer?

RAMSEY: Actually, we did. The Rock Creek Park is 1,700 acres and it's an urban forest. So it's not when you say park, people tend to think of flat ground without any trees.

KING: Kind of like Central Park.

RAMSEY: Exactly. It is really very rugged terrain. This was off the beaten path. It was on a very steep incline. In fact, the remains were covered with probably about a foot of underbrush and leaves and very, very difficult.
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rd



Joined: 13 Sep 2002
Posts: 9218
Location: Jacksonville, FL

PostPosted: Tue Jun 02, 2009 7:08 am    Post subject: Reply with quote

jane, I don't know that the judge needs to have it out for this railroad job, but he can accommodate government manipulation. I have no doubt that the prosecution suggests to the judge when they want the trial to start (when allegedly they're ready) and suggested the January trial date, and did it on purpose.

Defense needs to counter that manipulation directly and have trial scheduled for warm spring weather when jury can experience crime scene.

Rainbow, there's no mystery on the searching. Police cadets kept to roads and up to 100 feet or so in. They were along Ridge Road and would have walked in as far as the horse trail but didn't walk cross country on the No Horses path around the summit of the Ridge (from grove 18 to stables).

Down below, they walked along Broad Branch and searched creek bed but woudn't have come up the incline.

That's why it is said they came within 150 yards of where Chandra was found, the distance from the roads. The were above her to the right and below her, but they didn't search the side of the hill, or anything else off a paved road. The whole thing was a PR stunt to make everyone shut up and go away and leave them and Condit alone.

rd
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Rainbow



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PostPosted: Tue Jun 09, 2009 2:49 pm    Post subject: A Year in the Park Reply with quote

Mr. Hudson of the Smithsonian states that Chandra was in the Rock Creek Park wilderness for a year. Therefore, she must have died there at the hands of Guandique on May 1, while "jogging".
Chandra was murdered one, two, or even three weeks later (perhaps while Guandique was in custody) at a different location by someone else and then brought to the park, where she lay for one year or less after a secondary crime-scene was staged.
This was one of the leading police theories at the time, I believe. The MPD, FBI, and Levy investigators would have evidence supporting this, which is not being made available for some reason.
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rd



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PostPosted: Tue Jun 09, 2009 8:08 pm    Post subject: Reply with quote

There would be no timeframe given for that by anyone, Rainbow. The usual dumping of bodies takes place after a few hours.

Om the other hand, whether someone thinks it could be same day or three weeks later, there was no preponderance of DNA found under Chandra's skeleton. There is no indication that Chandra decomposed there.

There's more indication that it was after 9/11 than anytime around when she disappeared.

As for the Smithsonian guy, he has no information to support his statement. He is mouthing the party line.

The bones were embedded in the ground so were there at least from fall, but lack of DNA and lack of detection from anyone or their dog is more indication that she was not there in the summer than the Smithsonian guy has indication otherwise.

Defense should put people saying things like that on the stand and grill them to prove just that to jury.

rd
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Rainbow



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PostPosted: Tue Jun 09, 2009 11:13 pm    Post subject: Time "Frames" Reply with quote

I would buy a ticket to see that, RD.
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rd



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PostPosted: Thu Jun 11, 2009 12:04 am    Post subject: Reply with quote

yep, Rainbow, this trial will be a hot ticket to get I think.

Hope the defense keeps guys like this Smithsonian guy on the hotseat until the jury understands that everything the government is saying about Chandra is wrong.

yep, that'll be a hot ticket to see that.

rd
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Rainbow



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PostPosted: Tue Jun 30, 2009 12:44 am    Post subject: Recent Los Angeles, CA--MS-13 Indictment Reply with quote

May be some information about MS-13 will be of assistance to Guandique's defense team. Here is a copy of the Los Angeles, MS-13 Indictment post that I posted under "Legal Documents".

Posted: Mon Jun 29, 2009 11:53 pm Post subject: Los Angeles, CA--MS-13 Indictment

--------------------------------------------------------------------------------

Here is a copy of the MS-13 indictment that came down last week in Los Angeles, CA. I thought it might help to provide us with further insight into the gang.

www.justiceforchandra.com/~rd/MS_13_Arrests_RICO.pdf

www.justiceforchandra.com/~rd/MS_13_Arrests_RICO_Indictment.pdf
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