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WE: Judge drops two charges in Levy case 10 Nov 2010
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jane



Joined: 22 Sep 2002
Posts: 3280

PostPosted: Wed Nov 10, 2010 4:54 pm    Post subject: WE: Judge drops two charges in Levy case 10 Nov 2010 Reply with quote

Judge drops two charges in Levy case

By: Emily Babay
Examiner Staff Writer
11/10/10 2:05 PM EST

Prosecutors have finished calling witnesses in the case against Ingmar Guandique, accused of killing federal intern Chandra Levy in Rock Creek Park in 2001.

The prosecution dropped two charges — attempted sexual assault and a related murder charge — against Guandique. Four other counts — including first-degree murder, robbery and kidnapping — still stand.

Defense attorneys argued that the robbery and kidnapping charges should also have been dropped, but Assistant U.S. Attorney Amanda Haines said testimony from Guandique’s former cellmate showed he tried to rob her and she was dragged off a trail in the park against her will.

http://www.washingtonexaminer.com/local/blogs/capital-land/judge-drops-two-charges-in-levy-case-107053143.html
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Rainbow



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PostPosted: Wed Nov 10, 2010 5:11 pm    Post subject: Tragedy of Errors Reply with quote

And how in the world would she have gotten to the park? The tracking dogs lost her scent right outside her apartment.

What about that "van" evidence?
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jane



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PostPosted: Wed Nov 10, 2010 5:13 pm    Post subject: Reply with quote

Hi Rainbow - I didn't mean to start a new thread here, but I suppose it doesn't matter!

Let's hope the defense puts up a good fight - I feel sure they will.
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rd



Joined: 13 Sep 2002
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Location: Jacksonville, FL

PostPosted: Wed Nov 10, 2010 10:08 pm    Post subject: Reply with quote

The way I read this is that if the defense lawyers Santha Sonenberg and Maria Hawila are able to show that cellmate confession inmate Morales testimony is inconsistent with the facts, then there is no case at all.

They have already shown he blatantly lied, and lied just as sincerely, about refusing to talk to a defense investigator because she was wearing a tight blouse and short skirt, sneering while he said it for effect.

Prison official testified person clothed that way wouldn't be allowed in. Blatant lie number one.

The stuff about he turned his life around at Christmas during a family visit and had to unburden himself of this awful secret to an inmate who, well whadya know, an inmate who has received time off for a cellmate confession and swore this guy had unburdened himself to him with this secret from three years earlier when, well whadya know, CNN reports that Guandique is charged with this secret he's carrying around on his shoulders. Oh woe is him.

So because he has now turned his life around and only "wants to do the right thing" with nothing asked for or promised, the experienced cellmate confession scammer teaches him how to write a cellmate confession letter to the prosecutors, nothing asked for of course. Just the "right thing to do" wink wink.

Oh, and he knows he is voluntarily "placing himself in harm's way" for the good of mankind. This is straight out of 9/11 first responder stuff. Or Desert Storm in Iraq. Harm's way. For the good of mankind. Because it's the right thing to do.

So DC prosecutors are loving this and now he's their star witness. Only he won't answer questions in discovery. hmmmm... Not the right thing to do because... well, we heard about the one cellmate confession guy who says he was threatened with a note from Guandique, not going to answer any questions, that would put me in harm's way, hmmm, different inmate or this guy isn't quite 9/11 first responder stock, but anyway, Guandique frog marched for handwriting analysis, trial delayed for months, Guandique charged with everything except impersonating a first responder, then, after all that hullabaloo, charges droped on eve of trial.

Sort of like today. Charges are some kind of weapon from these DC prosecutors. They're like the worst poker playing bluffers in history. It's more like I'll huff and I'll puff and I'll blow your house down unless you plea deal, baby. Goes along with their Little Red Riding Hood fable.

Well, guess what. Morales turns his cellmate confession trick, and there's more holes in his story, inconsistent with facts to be precise, than Swiss cheese. I've posted them, I'll add below.

Pretty much sounds like a custom story the DC prosecutors wanted. Wonder how much other "help" he got.

rd

Background and analysis:

Robert Levy testifies against Guandique

Guandique trial

Guandique pretrial motions

Guandique Trial Postponed, New charges to come!

Guandique Murder Analysis

Prosecutor seeks life sentence for Guandique

Guandique's Defense

Guandique indicted by DC federal grand jury

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

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

Track offenders with GPS recorders!

www.justiceforchandra.com home page
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rd



Joined: 13 Sep 2002
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PostPosted: Wed Nov 10, 2010 11:12 pm    Post subject: Reply with quote

Here are where the lies are in his story:

- When they were cellmates for a few weeks in 2006 would be a matter of record, and he went to authorities (or did Justice Department contact former cellmates?) when he saw Guandique in news (wasn't specified, as late as this year?) charged with murder.

This is a pretty detailed story to recall three or four years later. The gist is somewhat believable, that being scared of being identified as in prison for rape, but then what?

Other prisoners rape him because he is supposed to have raped a woman? What does that make them?

If he is a member of a gang he is protected from rape anyway because many are in danger of being raped no matter what their crime. As if federal prisoners are discerning on what crime you committed. I mean there's a little to that but if you're vulnerable they are predators in there. That's one of the reasons for Guandique being in a vicious gang (after going into prison) to start with.

- There is no known statement of anyone seeing Chandra about with a waistpouch, fannypack, or the like. Condit told police she carried a backpack. DC police quoted in Washington Times had this to say:

D.C. police investigators said yesterday Miss Levy could have been abducted immediately after she left the health club because it was her routine to leave her purse at home when she worked out. Police found Miss Levy´s purse with her credit cards and her driver´s license, along with her packed luggage, in her undisturbed apartment.

- The oopsy unconcious didn't know she was dead is inconsistent with facts. Chandra was 238 feet down a steep slope through trees from a narrow foot trail above. The story of dragging her into bushes and leaving her unconcious is not a detail that reflects the crime scene.

- Neither is dragging her into bushes. There are no bushes along the path and on that hillside. I know because I kept looking for some for a handhold. It is too dark for bushes and shrubbery to grow back in there. We have pictures where you look down the slope from the path unimpeded by bushes.

- There is no dragging into anything. The path is sloped to start with, I couldn't even sit down and try to type on my laptop without sliding downhill. I had to walkout to a picnic table, also on a slope, to type.

The hillside is steep. You don't go into bushes, there being none that I recall, and I believe fallout confirmed that in our post exchanges in what he saw, you go down the side of the hill. Still, 238 feet is a huge distance. That isn't dragging someone into non-existant bushes, that is a serious attempt to hide a body. A dead body. Or dead remains at any rate.

- There is no hanging around grabbing someone by the neck etc. up on that No Horses path. This story is concocted based on the wide open jogging path down running along Beach Drive, where there are bushes. The No Horses path that Chandra was found below is so narrow all you could is stand there and block it.

- I spent an entire Friday afternoon back in there. Two different couples with their dogs came through in an entire afternoon. You would probably have to wait months for a lone woman to walk out that path into darkness, if ever. And ther is no "hanging out on a curb" and whatever as down on the busy Beach Drive hundreds of feet below and a half mile away. The first people through who saw someone lurking would alert authorities, riders coming by on horses, etc.

In other words, the story is preposterous and reflects that he doesn't know what he's talking about, was told no credible details that reflect reality, and therefore has no credibility itself.

rd
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rd



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PostPosted: Wed Nov 10, 2010 11:13 pm    Post subject: Reply with quote

and here's a couple more reason why this "cellmate confession" is worrisome. I saw some more details of the testimony.

- Guandique dragged Chandra unconscious deeper into the woods, then grabbed the waist pouch and ran into the woods.

This shows how complete a falsehood this story is. The one good thing about the Washington Post's Sari Horwitz misinformation campaign is that it has led a bunch of "cellmate confessions" astray based on the misinformation. Hooray for Horwitz for that.

What this story is is a hybrid of the Beach Drive assaults and reporting on Chandra as intermingled , which Horwitz has effectively done, thus the misinformation.

There are bushes in the Beach Drive assaults, none where Chandra was found.

Running after one of the joggers was described by Horwitz as "deeper into the woods", actually farther down Beach Drive, while you can't run deeper into the woods from where Chandra was found. Literally. All you can do is come back out on Ridge Road or out on Broad Branch Road. There is no deeper. Readers may recall that the site was described as extremely remote. Yes, it is that remote. The only way out is to come back.

Someone who actually committed a crime there, for all practical purposes an impossibility, would know that, and there would be no description of crouching behind bushes, dragging a body 238 feet straight down the side of a hill and running away as "deeper into the woods". It's drop down and come back up, Ridge Road to the right and Broad Branch Road to the left.

It is clearly a made up story from the misinformation reported in the Washington Post, because those kinds of things could be true if they occurred down on Beach Drive a half mile away and a few hundred feet down as Horwitz leads readers to believe.

- Guandique broke up with his girlfriend because he expected to be charged with murder.

This is an interesting detail. It didn't make it into reporting what kind of time frame he's talking about in his story. There are only two to three months between Guandique's arrest and incarceration and being sentenced to ten years in prison. Ya think just maybe the girlfriend wasn't going to hang around ten years until he got out. There obviously was no breakup after being sentenced by Guandique because she wasn't going to be there ten years to start with.

If intended to be for that two to three month period while he was in jail charged with sexual assault before being sentenced to ten years, but intended to convey to an audience that Guandique had an overriding guilt of murdering Chandra and expected to be charged with murder and broke up with his girlfriend, first his girlfriend never said that Guandique broke up with her, second, this overriding guilt didn't hamper Guandique from cooperating in questioning about Chandra's murder and passing a lie detector test.

It appears to be a detail the "cellmate confession" inmate made up to make Guandique look and act guilty of the murder long before he allegedly made this confession to the inmate.

- The inmate is putting himself in harm's way for humanity, because he turned his life around at Christmas and wants to do good things like tell this terrible truth he has had locked away. He expects nothing for putting himself in harm's way, it's just the right thing to do.

We all know this a load of crap, and he told it with the same sincerity as the rest of the Guandique "confession" story. Doyle described him as lucid.

He is a lucid liar. If he can run that last bit of malarkey by people with sincerity, there is no reason the rest of it is any more sincere. It is with practiced ease that this lifelong inmate lies. That is what they do. And none of the former should be any more believeable than the latter.

rd
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rd



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PostPosted: Wed Nov 10, 2010 11:14 pm    Post subject: Reply with quote

Here's another Morales testimony detail reported by the Washington Post that shows the story is made up:

Guandique told Morales that he did not know Levy had died until detectives disclosed the information during questioning years later.

end quote

Guandique was questioned and passed a lie detector test about Chandra's disappearance a few months after Chandra disappeared, even before her remains were found.

This happened because inmates were making up stories about Guandique even then. That story was that Guandique had stabbed Chandra to death in Rock Creek Park.

Based on... news accounts of Guandique assaulting joggers in the park with a knife to their throat and the search for Chandra there.

No detail from these inmate stories will ever provide a detail that isn't gleaned, usually incorrectly, from news accounts.

rd
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rd



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PostPosted: Wed Nov 10, 2010 11:16 pm    Post subject: Reply with quote

Nor is this true. From Michael Doyle of McClatchy:

Guandique said that he would hide in the bushes at Rock Creek Park, waiting for female hikers and joggers, Morales said. Then, Morales said, Guandique explained that he would “ambush” the passersby.

end quote

One of the assaulted joggers said he was sitting on a curb and started running after her. The other assaulted jogger said he was standing by the trail and started running after her.

He was hidden from neither one of them and assaulted neither one by surprise. They saw him chasing them.

The description by the inmate appears to be tailored to what the DC prosecutors want people to believe happened to Chandra.

I don't know when it's appropriate to point out to a jury all the obvious inaccuracies, and more importantly, lack of any unknown detail, about this "cellmate confession" story, but it needs to appropriate at some point.

rd
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rd



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PostPosted: Wed Nov 10, 2010 11:17 pm    Post subject: Reply with quote

Also from McClatchy:

Morales testified that he told another inmate what he had heard in 2008 and repeated his story in 2009 after seeing a CNN news account of the arrest of Guandique for Levy’s murder. Morales said he recognized his old cellmate “Chucky” and worked with another inmate to write a seven-page letter to the Justice Department.

end quote

The other inmate is the one who "helped" him write a letter to the Justice Department. He has previously received time off from the government for testifying.

Part of the scam is to claim that Morales has been telling this story before the account of Guandique being charged with Chandra's murder made the news, so he provides the witnessing of this as well as writing the letter for Morales to the Justice Department with the story, including claiming Morales is writing because of a conversion from a life of crime to just wanting to "do the right thing".

In other words, this is a scammer teaching a scammer.

rd
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Rainbow



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PostPosted: Thu Nov 11, 2010 7:51 pm    Post subject: Knotty Leggings! Reply with quote

Where does this leave the "function" of the leggings in all of this? Since, the prosecution mentioned that they were tied with shoelace type of knots, how will this testimony fit in, now that the sexual offense charges have been dropped?

Wasn't that an old police practice, to hogtie suspects with shoelace -style knots?
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rd



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PostPosted: Thu Nov 11, 2010 9:42 pm    Post subject: Reply with quote

I don't know, I don't think so. They cuff hands behind back but I don't think tie feet to hands.

I'm not sure of the right approach for evidence mismatching the cellmate confession story of this one inmate they ended up with. You could say if his story is correct, then this is a different crime. This victim was bound with her own clothes. They've brought the wrong confession in here to tell you.

But that gives some credence to what I consider an entirely made up cellmate confession, even by saying if its true. I would add the tied up leggings to the list of evidence that doesn't match this cellmate confession story, a story that appears to be generated to match the reported facts, which were in fact not facts.

I would say this story doesn't have legs, or leggings. Find my client not guilty.

rd
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Rainbow



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PostPosted: Thu Nov 11, 2010 10:05 pm    Post subject: Tied up. Reply with quote

Hi!
I did some research on shoelace knots used for ligatures and/or restraints and this is what came up:

Another Suspicious Police Killing

Published in Flagpole Magazine, p. 5 (September 3, 1997). See also Note, "Fit to be Tied? Fourth Amendment Analysis of the Hog-Tie Restraint Procedure," 33 Ga. L. Rev. 281 (1998).

Author: Donald E. Wilkes, Jr., Professor of Law, University of Georgia School of Law.

Quote:
Hogtying means handcuffing a prisoner behind his back and securing the prisoner's legs to his hands by means of a rope, flex-cuffs, or another set of handcuffs. The prisoner is thus left with his hands and feet bound behind his back while lying face down.
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jane



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PostPosted: Thu Nov 11, 2010 11:32 pm    Post subject: Reply with quote

I believe I remember reading that Chandra's spine was found in a position that indicated she'd been left on her stomach.
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rd



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PostPosted: Fri Nov 12, 2010 1:01 am    Post subject: Reply with quote

I hadn't seen that, jane. That's interesting. I take it from the National Enquirer book? The core spine was face down instead of face up? I don't recall any reported details one way or the other, but would be a helpful indicator.

Yes, Rainbow, that's hogtying. Do police do that? I imagine when they have multiple suspects and need to immobilize them that would be a way to do it.

Some investigators speculated in the beginning that it was more likely a way to transport a body, and I think it was a staged sexual assault murder.

In any event, in my opinion it should be understood that a sexual assault didn't take place on the side of that hill where Chandra was found. Anyone who was ever there would find the concept ridiculous. As ridiculous as the DC police and prosecutor claims.

rd
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jane



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PostPosted: Fri Nov 12, 2010 10:41 am    Post subject: Reply with quote

The book Sex, Power & Murder says, "....There, clearly visible near a tree, lay an intact spine....The location of the spine indicated the victim's final resting place...."

Yes, the idea comes from the National Enquirer book, plus guessing on my part. I figured that if the body came to rest on its back (I don't mean disrepect to Chandra, but feel its preferable to refer to the remains impersonally), then the bones of the spine would have been buried in the debris, just as the tibia was and the skull (only the upper part of the skull was visible). So I figure the body came to rest on its front. As the soft tissue decayed, the front of the ribs would become embedded (similar to the tibia), keeping the spine in place and above the debris.
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