New Documents, New Questions, and Possibly New Strategy
We’ve had some time to go through the prosecution’s request to deny further discovery by the defense, and have even more questions now than yesterday. Among them: why are we only learning some of this information now? To quote poster Bea: WTF?
On Thursday we’ll be looking ahead to Friday’s hearing, and what’s at stake. But given the massive question dump that occurred Wednesday, we’ll sift through the new evidence laid out by the government, and the serious questions that arise.
High among them: is this evidence of sloppy work, or is the prosecution playing head-games with the defense?
The answer may be a little of both.
1. Under “Tab A”, we learn nearly right off the bat (item #2, page 2) that
“FBI examiners have also tested a stain found on the comforter recovered from the bed in Dylan Ward’s bedroom (itemd #65). That stain tested positive for blood and DNA testing will be conducted in an effort to determine whose blood was deposited on Dylan Ward’s comforter.”
First – WHA? As shocking that we’re only learning now that a comforter in Dylan Ward’s room had blood on it is the fact that DNA testing has apparently not yet been conducted. This is further underscored in item #3, where we learn that lint from the dryer and liquid from the rear drain have only been submitted to the FBI for possible testing, and the prosecution is “…awaiting further information…”
While not familiar with the inside of such an investigation, it strikes us that either such tests have been conducted – and the prosecution is just holding their cards tight to the vest – or this suggests sluggish, perhaps sloppy work that may end up altering the trial’s outcome.
2. Next, the government reports forwarding to the FBI the remaining blood sample from Mr. Wone
“…to explore the feasibility of further toxicological testing. However, due to the possible issues concerning the sample being entirely consumed by further toxicological testing, we have asked examiners to hold off and any such testing pending an Innocence Protection Act hearing in the case.”
This seems to answer two questions we’ve long had; yes some samples of Mr. Wone’s blood were saved, and no, the D.C. Medical Examiner does not have additional samples in storage. I’d ask legal beagles to chime in here on the Innocence Protection Act – what is this law, and who is likely to have filed suit?
3. Item #6 leads us to believe that detectives on scene discovered Robert’s RFA Blackberry and noted two email messages: one “purporting” to be from Robert to Kathy at 11:05p, saying he’d just finished his shower and was going to bed, and a second, time stamped 11:07p, to an associate confirming the next day’s lunch.
This makes little common sense. First, is it likely after his 9:30p phone conversation with Kathy, confirming his evening plans and ending with “I love you,” that he would send such a trivial email? People tweet about less consequential stuff.
Second, given the latest time (11:35p) for Victor’s reported scream at discovering Mr. Wone’s body, compared with Dr. Goslinoski’s report that Mr. Wone had been incapacitated, assaulted, stabbed – and continued to live for some time – all by an intruder in 23 minutes? (And don’t even mention the apparent freshly washed condition of the victim and defendants.) This just does not seem within the bounds of physical possibility.
And third, while said Blackberry now appears to be missing and not have been imaged (copied) by the U.S. Secret Service, we wonder whether it was dusted for fingerprints – or if the exploration by Detective Waid was conducted without gloves, ruining any other physical evidence that might have been on it.
There are more questions, but we close where the prosecutors end, by saying
“…the government will be seeiking to introduce defendant Price’s profile on the website “ALT.com”, in which he lists his “activities enjoyed” as, inter alia, various forms of “Torture,” including “Electrotorture…Pain…Sadism…”
We’ve often wondered why Kirschner got so far out in front on torture and electrotorture at his December news conference, using very graphic and unsettling language with Robert’s family at his side. If there were any doubts before whether the BDSM lifestyle of Joe and Dylan were to play a role in their upcoming trial, we now have the answer. Game on.
– posted by Doug