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Guandique's Defense
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sigsky



Joined: 31 Oct 2005
Posts: 209
Location: South Carolina

PostPosted: Sat Oct 24, 2009 10:41 am    Post subject: Defense believes Chandra not killed in the Park Reply with quote

The judge sems to be obstructing although I'm sure the defense request was very broad.

What possible use would Condit's DNA be if they have no DNA evidence to compare it to?

http://www.washingtonpost.com/wp-dyn/content/article/2009/10/23/AR2009102303082.html

In rereading Doyle's article above I see that Levy's tights had some DNA material. I thought there was none found! Is this new or did I just miss it?
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jane



Joined: 22 Sep 2002
Posts: 3226

PostPosted: Sat Oct 24, 2009 11:30 am    Post subject: Reply with quote

Hi Sigsky!

From "Prosecutors in Chandra Levy Case Tell Court of New Witness'
By Keith L. Alexander
Washington Post Staff Writer
Friday, July 31, 2009
    ....In an evidentiary notice filing with D.C. Superior Court late Thursday....Prosecutors also said that the FBI had tested DNA found on Levy's tights but that there was no DNA match to Guandique....

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rd



Joined: 13 Sep 2002
Posts: 9274
Location: Jacksonville, FL

PostPosted: Mon Oct 26, 2009 2:57 am    Post subject: Reply with quote

sigsky, I think this is text you're referring to:

DNA material found on Levy's black tights did not match either Condit or Guandique, [Assistant U.S. Attorney Fernando] Campoamor said Friday.

The DNA found was that of the lab technician. It is typical parse-speak (which I became all too familiar with in examining Condit's statements) to say that the DNA found did not match Condit or Guandique instead of saying the DNA found was that of an FBI lab technician who contaminated the evidence.

And speaking of the evidence, this guy is shocked that the defense wants "every single item placed into evidence during the investigation."

And why wouldn't they? But the judge didn't let them have it. He is retiring and won't even be hearing the trial. I haven't seen him do anything but rubberstamp the government's prosecution so far.

On the other hand, if the defense determines with independent testing that there is some unidentified DNA found that is not that of the lab technician, then they can pursue identifying it.

However, no DNA was found at the site, not even that of Chandra's, and it's not a coincidence the only DNA found on the clothing was that of a lab technician who examined the evidence.

Still, I like the defense's approach and statements. They clearly aren't going to roll over for the prosecution steamroller as I was posting about before.

And it's the prosecution whining now. Good job Maria Hawilo and the defense attorneys.

rd
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jane



Joined: 22 Sep 2002
Posts: 3226

PostPosted: Fri Oct 30, 2009 7:23 pm    Post subject: Reply with quote

Michael Doyle covered the procedings today.
http://www.mcclatchydc.com/nation/story/78095.html

excerpt:
    Prosecutors said Friday that Salvadoran gang members and [Guandique] the man accused of killing former intern Chandra Levy threatened to murder a potential witness in the case....

    ...."The witness received a letter from MS-13, reminding him that if he were to testify at the trial, they knew where his family is" ....
    The threatening letter sent in September ... followed an earlier threat that Campoamor said was conveyed directly by Guandique.

    The potential witness, one of several jailhouse informants upon whom prosecutors are relying, was subsequently moved out of the Washington jail to an undisclosed location. He has refused multiple interview requests from Guandique's defense attorneys and their investigators....

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jane



Joined: 22 Sep 2002
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PostPosted: Fri Oct 30, 2009 7:27 pm    Post subject: Reply with quote

from the same article:
    Heavily tattooed and a self-proclaimed member of MS-13, Guandique is charged with first-degree murder and attempted sexual assault. Prosecutors say he stalked and killed Levy while the former Bureau of Prisons intern was jogging in Washington's Rock Creek Park.
I am disappointed in Michael Doyle for mentioning Guandique is heavily tattooed without the qualification that he was not tattooed at the time of his arrest in 2001.
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rd



Joined: 13 Sep 2002
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Location: Jacksonville, FL

PostPosted: Fri Oct 30, 2009 11:32 pm    Post subject: Reply with quote

WTF does tattoos have to do with it anyway? Oh excuse me, heavily tattooed. I'm surprised these DC people haven't tried to make out that was a felony yet. Getting heavily tattooed in prison. Felony. Punishable by made up charges from our glorious US government.

The death threat letter is as fake as the I killed Chandra letter. These prison scum are a work of art. Lowest of low life that hopefully will never theaten and demonize another innocent person again. But wait, no. If they make up stories for the DC people, they get a get out of jail free pass. What a country. Somebody has to love it, just don't hold your breath waiting for me to high five them.

Nice piece of work. Claim you can't testify about stuff you made up about somebody by making up they threatened to kill you. Isn't the water over the dam already? There are these alleged stories several of them made up, each a different one, so if they were going to be killed or their family killed or whatever lies they're now making up, they've already given the testimony.

Are we supposed to believe that Guandique is a selective murderer who will kill the scum if they testify in court but not for the story testimony they already gave?

I say it's a little late to be making up that story. A real death threat would require they retract their story and admit they were lying. Just goes to show you they didn't recieve a real death threat.

Freakin prison idiots.

With get out of jail passes in the mail. Thanks DC dolts.

rd
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sigsky



Joined: 31 Oct 2005
Posts: 209
Location: South Carolina

PostPosted: Sat Oct 31, 2009 8:16 am    Post subject: Reply with quote

c'mon rd, tell us what you really think.

It does seem that Guandique has been promoted now from illegal alien street scum to prison gang leader. This is unbelievable.

I was in Rock Creek Park on Monday and saw how preposterous this assaulted while jogging story really is.
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jane



Joined: 22 Sep 2002
Posts: 3226

PostPosted: Sat Oct 31, 2009 12:14 pm    Post subject: Reply with quote

Appreciate your outrage, rd!

Sigsky, are you going to elaborate?? Do you think having the trial in January will be a huge problem (as opposed to having it during the warmer months)?
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rd



Joined: 13 Sep 2002
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Location: Jacksonville, FL

PostPosted: Sat Oct 31, 2009 5:32 pm    Post subject: Reply with quote

Fantastic, sigsky! Lookig forward to more of your thoughts on the trip.

And I have the same question jane does. The jury and public need to have the same ability you did to see how preposterous this jog in the park thing is up there on the horse trail.

Think that might be why prosecutors are trying to rush a two week trial through on January 27?

rd
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rd



Joined: 13 Sep 2002
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Location: Jacksonville, FL

PostPosted: Sat Oct 31, 2009 5:59 pm    Post subject: Reply with quote

Just read artiicles on Friday's hearing from Michael Doyle of McClatchy Newspapers and Keith Alexander of the Washington Post. (I didn't even know there was going to be a hearing. I thought next one was December 16.)

http://www.mcclatchydc.com/nation/story/78095.html

http://www.washingtonpost.com/wp-dyn/content/article/2009/10/30/AR2009103003608.html

One of the federal prisoners who made a bid for freedom back in 2001 by making up a story about Guandique before Chandra was found failed his lie detector test, and Guandique passed his, disavowing any involvement in Chandra's disappearance.

Note that these DC prosecutors, given what they are, have suppressed this information in all the statements and legal filings that newspapers routinely repeat in their reports. There are only a very few reporters around who know the Chandra Levy story well enough to provide context along with the prosecutorial statements.

These reporters are two of them. Factual, unbiased actual reporting.

I've had plenty to say about the bad reporting. I just wanted to tip my hat to the good reporting too.

In the hearing, prosecution says one of these prisoners that prosecution is using their stories says they received two letters threatening their life and family's lives, and has been transferred and refusing to answer defense questions. Defense says the prisoner wrote at least one of the letters and got a court order for a handwriting sample from him.

From these reports, we don't know if the prisoner is the one from 2001 who failed his lie detector test or a more recent one who, for example, claimed that Guandique said the others got away, I'm not letting Chandra get away, but in his ignorance didn't know that Chandra disappeared before Guandique's two assaults and another robbery attempt in a woman's apartment.

Or if it was the same prisoner or another prisoner who claimed Guandique raped him while saying this is what he did to Chandra.

Or whether it was yet another prisoner who claimed he received a letter from Guandique confessing to Chandra's murder.

Or whether it was same or another prisoner who claimed that Guandique said a gang held Chandra down while he raped her and he murdered the gang later.

Nope, don't know if we have one really hallucinatory prisoner making an impressive bid for freedom (impressive in that the DC prosecutors and police used all the stories in their indictment) or whether this is some kind of prison creative writing contest which they hope to sell to book publishers or just what all is going on here, all we know is there are some prosecutors in DC who really love this stuff and trot it out in court in show and tell time.

But creative it is. That's what having a lot of time and an evil mind gets you. We are so lucky the winner of this contest gets a get out of jail free pass for it. Some future carjacking victim laying in an intersection will be most appreciative of this particular show and tell effort by our government.

rd
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jane



Joined: 22 Sep 2002
Posts: 3226

PostPosted: Sat Oct 31, 2009 7:26 pm    Post subject: Reply with quote

Do you think early on, the prosecution figured that Guandique would plead guilty, so they didn't bother to ensure the various stoolies and their stories would pass muster if called on at a trial?
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rd



Joined: 13 Sep 2002
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PostPosted: Sat Oct 31, 2009 7:59 pm    Post subject: Reply with quote

Yes, jane, I think it was a barrage leveled at Guandique in an attempt to scare him into confessing to a plea bargain, none of this mentioned at the time but coming to light later when it became clear the effort they were making to convince him to say he murdered Chandra.

At the time I wrote that I wouldn't be surprised if they had offered him honorary citizenship. The number of prison inmate stories they released and picked up by especially the Washington Post as a followup to their Condit coverup / Guandique bashing series last year are now coming home to roost for these DC police and prosecutors.

One of the main Washington Post reporters behind it is now on leave and writing a book about it, similar to ones that were released when Scott Peterson was convicted.

They might very well be hoping their bluff works yet, but I personally believe Guandique has more sense than the DC prosecutors about the crime, being a predator along Beach Road, and knows that no one in their right mind would buy the story of Chandra's "jog in the park" and murder up there on the horse trail.

It takes the caliber of DC police and prosecutors to try to sell that one.

I'm still waiting to hear from any of them who took the Chandra Levy Jog in the Park Challenge. (see Washington Post investigation of Chandra Levy cold case thread).

They claim she did it. Let's see one of the women who claim this try to do it and still make the claim with a straight face. (granted, it would take some integrity which I haven't seen any of yet.)

Speaking of no integrity, this latest prisoner thing reminds me of Condit, giving the police statements but then refusing to take a lie detector test or answering any questions under oath.

rd
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sigsky



Joined: 31 Oct 2005
Posts: 209
Location: South Carolina

PostPosted: Mon Nov 02, 2009 3:33 pm    Post subject: Reply with quote

I have now described my Park visit in the Private discussion forum. I'm not sure that the timing of the trial is a huge problem. Even in January the weather is not so bad most days that you couldn't visit and if the trial takes two weeks or more they ought to be able to find a day when they can visit. There is some similarity in the Guandique attack sites on Beach Dr to picnic area 17 /18 although the effort required to reach the picnic area 17 /18 is much greater. How the tour was arranged would also make a big difference. If the jury was bused to the various attack sites they would not observe the difference in accessibility.
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jane



Joined: 22 Sep 2002
Posts: 3226

PostPosted: Mon Nov 02, 2009 7:34 pm    Post subject: Reply with quote

Hi sigsky - that is a concern, that the jury wouldn't notice the difference between the Guandique attack sites and the remains recovery site, if bussed to the sites. How could the defense ensure a tour of the sites would make the difference clear? If some jury members were not mobile because of age or level of fitness or some infirmity, that could pose a problem, I suppose.
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rd



Joined: 13 Sep 2002
Posts: 9274
Location: Jacksonville, FL

PostPosted: Tue Nov 03, 2009 9:01 am    Post subject: Reply with quote

I hope you're right, sigsky. My recollection from past years in the south is that from about January to February 15 could be counted on for a Siberian Express freeze, hazardous wind chills, and all of that.

Certainly prosecution appears to be very worried about any delay in the trial, and I think trying to push through the two coldest weeks of the year to inhibit jurors and public from being able to properly examine all the crime scenes is their overriding concern.

In other words, the opposite of pursuit of the truth.

rd
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