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  1. #61
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    Guys, you are killing me. Can we find anyone who has been consistently covering this case and would be open to a media campaign that would put pressure on the DA's office to come clean with why these adults were not charged with what seems so obvious.
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  3. #62
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    Great information on that site about the trial. My thanks to Ann as well. This case has become part of my soul. I don't understand why these people weren't charged with murder. One thing to note, I have noticed Texas typically has very early parole eligibility dates, however I haven't seen a case where they actually let them go anywhere near that time. I don't think Abigail has a prayer of getting out in 5 years and will most likely do the majority of the 20, based on other cases I have done. Again, it's a limited database at this point, but that is what I have seen so far. Although they will have an early parole eligibility date, their projected parole date is always way after that. Once Abigail gets moved to DOC, I will be able to see what the projection is.

    ETA: Right now, she is still in the Harris County Jail. Not sure what the hold up is in getting her moved to the prison system.
    Last edited by Belinda; 09-18-2010 at 10:39 AM.


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  5. #63
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    Quote Originally Posted by believe09 View Post
    Guys, you are killing me. Can we find anyone who has been consistently covering this case and would be open to a media campaign that would put pressure on the DA's office to come clean with why these adults were not charged with what seems so obvious.
    Media is saying the DA decided not to go for murder because it would be harder to prove than the sexual assault. I'm thinking the DA is worried about their evidence to some extent. They say (Ann in her notes of the trial) there is semen-DNA on Emma's blanket - but if the Defending Attn'y does a good job, he might be able to convince the jury that the semen-DNA got on that blanket some way that had nothing to do with Emma. Obviously it is the defending Attn'y's position that Coe did not do anything to Emma. In addition, the evidence may not be strong enough to conclusively prove that Coe was the one that caused Emma's death - but it appears the evidence is strong enough to prove the sexual assault.

    If the DA pushed for murder and couldn't convince the jury beyond a reasonable doubt (high standard) then Coe would walk and would not have to face any charges at all for his part in Emma's death. I think the DA was playing it a bit safe to make sure that Coe went to jail. Given that the trial is in Texas, if he is convicted, I feel fairly certain his sentence will be a long one and the sentencing requirements when convicted of super sexual assault do not allow for parole.

    I think that is an important factor - the no parole. The DA is saying "we are going to put you behind bars and you are not going to get out!"

    This DA wants to be sure that Coe does NOT walk - imho.

    Salem


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  7. #64
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    Quote Originally Posted by Salem View Post
    Media is saying the DA decided not to go for murder because it would be harder to prove than the sexual assault. I'm thinking the DA is worried about their evidence to some extent. They say (Ann in her notes of the trial) there is semen-DNA on Emma's blanket - but if the Defending Attn'y does a good job, he might be able to convince the jury that the semen-DNA got on that blanket some way that had nothing to do with Emma. Obviously it is the defending Attn'y's position that Coe did not do anything to Emma. In addition, the evidence may not be strong enough to conclusively prove that Coe was the one that caused Emma's death - but it appears the evidence is strong enough to prove the sexual assault.

    If the DA pushed for murder and couldn't convince the jury beyond a reasonable doubt (high standard) then Coe would walk and would not have to face any charges at all for his part in Emma's death. I think the DA was playing it a bit safe to make sure that Coe went to jail. Given that the trial is in Texas, if he is convicted, I feel fairly certain his sentence will be a long one and the sentencing requirements when convicted of super sexual assault do not allow for parole.

    I think that is an important factor - the no parole. The DA is saying "we are going to put you behind bars and you are not going to get out!"

    This DA wants to be sure that Coe does NOT walk - imho.

    Salem
    At first I was outraged when I heard that between Young and Coe, neither of them would be charged with Emma's actual murder. But, now I agree with Salem ... the most important thing was to get Coe off the street for good, to ensure that this never happened to another child again, ever. If the DA felt that the murder case wasn't as strong (for whatever reason), then I trust their judgement ... I would much rather see him get life with no possibility of parole on a lesser charge, than to risk having him escape a guilty verdict in a murder trial and be set free out on the streets where other children could fall prey to him. It's taken me quite a while to reach this point, though.
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  9. #65
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    Alright-thank you Salem. I will try and chill. Maybe, if he is not convicted of the SA (GOD FORBID) they will come at him with the murder charge...kind of a hip pocket thing.

    They have a witness, who may be unreliable. (sister) After all this poor baby may have suddenly thrown herself repeatedly to cause herself 80 bruises, a severed pancreas and a broken skull.

    I am wondering if, in spite of the Defense, the jurors would be able to keep apart the semen on the blanket and the tears.

    Awwww. I hope she was unconscious after the first blow.
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  11. #66
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    Horsetrackwidow1 wrote:
    But why do the DA's assigned to this case look and sound so bad?? At some point, there were excellent DAs who could do more than shout, "You are guilty." (which has no evidentiary weight) at a jury. And the DAs didn't look like they were going clubbing after trial.

    Before anyone jumps to conclusions, I have never worked for the DAs office, and I have never practiced criminal law at all. I am appalled by this case because of the disgusting injuries and the mother's apparent complicity in her daughter's horrific death. And after watching portions of the opening statements, all that I can wonder is where are the DAs who knew what they were doing???? I am a civil attorney who is perplexed by why this case appears as though it may not go the way that a mother of children would hope that it would go. As a female attorney, I am embarrassed.

    http://www.chron.com/disp/story.mpl/...o/7201204.html
    Salem, why not go with both charges? They would be separate counts, right? So you charge them with Murder 1 or 2, aggravated rape and child abuse all are felonies... Wouldn't all leave him behind bars for 99 years (each) or so? Or does TX do things differently? It feels (IMO) like they are getting away with murder.

    Little Emma per her father was broken out in blisters since mid - May it took her mother over 2 weeks to call then get her in to see the pediatrician - who immediately called CPS when the blisters came back + for HV.

    On 6/27 Abby was at home to call Emma's doctor at 630ish and 830ish at 7 she was at the grocery store where she bought groceries and super glue! After speaking with her pediatrician for 9 minutes (called back - after the 830 call) Abby placed Emma in the back of her car and drove down the street - Coe took the girls to a neighbor - he was heard talking on his cell phone saying "Mom, Emma died, she's gone" (his own daughter's name is also Emma - evidently he didn't have to explain which Emma he was referring to!)

    They also (according to expert testimony) showered little Emma before taking her to the ER (her hair was wet from water - most of the blood had been washed out)

    Can you even imagine putting your critically ill child in the shower to take her to the ER? But that wasn't what Abby was doing, she put Emma in the car and drove her half a block, then called 911!!!

    Abby was no new nursing graduate, she had been a "gifted" RN for several years! Yet she left Emma home alone on Sat (with Coe), came home - called the doctor, left her home again to go buy groceries and super glue! then came home and called the doctor back!!

    I am so angry at this POC "parent" and her "boyfriend" I can't even say!!


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  13. #67
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    Thank you LCoast-Abby was buying super glue for a fractured skull that we know was not caused by a bathroom fall if you can believe that portion of sister's testimony-it happened in the kitchen and then Emma was "put to bed." "For a nap."

    She could not be roused, so Abby either ran out and bought super-glue or picked it up on her way home???

    Here is a thought-"Hey lucas call 911 and I will be there as soon as I can..." RIIGHT, he was not supposed to be any where near minor children...so he couldnt do that.

    This talented nurse did or did not recognize that her child had a fractured skull??? I am a SAHM who does NOT have a nursing background and I can figure out a fracture/concussion/abrasion. I dont care what kind of a fracture it is, with the exception of the kind that killed Liam Nieson's wife, it is pretty easy to figure out.

    So, what is the evidence they are worried about? The crime scene was cleaned up before Emma was taken to the ER by her mom, right? Emma's sister may or may not be reliable as a witness? Abby may or may not have been home at the time of the injuries?

    I thought I was OK with the explanations, but I really really need this spelled out for me.
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  15. #68
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    Does anyone know if there's a transcript of Abby's trial posted anywhere?

    Believe - Great questions ... I'd love to know more details regarding the timeline of the evening as well.
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  17. #69
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    Quote Originally Posted by LCoastMom View Post
    Salem, why not go with both charges? They would be separate counts, right? So you charge them with Murder 1 or 2, aggravated rape and child abuse all are felonies... Wouldn't all leave him behind bars for 99 years (each) or so? Or does TX do things differently? It feels (IMO) like they are getting away with murder.

    On 6/27 Abby was at home to call Emma's doctor at 630ish and 830ish at 7 she was at the grocery store where she bought groceries and super glue! After speaking with her pediatrician for 9 minutes (called back - after the 830 call) Abby placed Emma in the back of her car and drove down the street - Coe took the girls to a neighbor - he was heard talking on his cell phone saying "Mom, Emma died, she's gone" (his own daughter's name is also Emma - evidently he didn't have to explain which Emma he was referring to!)
    LCoastmom - I can't answer your question about why they didn't go with a series of charges. From all I have read, I really think it is an evidence problem. The showering probably played a really big factor and moving her away from the house before calling 911. At this point in time, the defense attny seems to think there is no DNA that connects Coe to Emma or to Emma's death.

    See my comments in believe's post in green.

    Quote Originally Posted by believe09 View Post
    Thank you LCoast-Abby was buying super glue for a fractured skull that we know was not caused by a bathroom fall if you can believe that portion of sister's testimony-it happened in the kitchen and this is one of the evidence issues, I think. The sister didn't see what happened, she just heard a noise. So if it was this fall that caused Emma's death, it would be difficult to pin it on Coe and then Emma was "put to bed." "For a nap."

    She could not be roused, so Abby either ran out and bought super-glue or picked it up on her way home??? According to the phone call log, as LCoastmom mentioned above - there were a series of phone calls from approx. 6:30-6:35 (3 or 4 phone calls) to the doctor. Then nothing until almost 8:00. There were another 3 or 4 calls between 8-8:10 p.m. which is what leads one to believe this is when AY went to the store to get the superglue.

    Here is a thought-"Hey lucas call 911 and I will be there as soon as I can..." RIIGHT, he was not supposed to be any where near minor children...so he couldnt do that. Right - couldn't do this because he wasn't supposed to be there. This is also why AY put Emma in the car, drove down the block and then called 911, imo.

    So, what is the evidence they are worried about? The crime scene was cleaned up before Emma was taken to the ER by her mom, right? Yes, apparently to some extent. Enough to get evidence leading to Coe's complicity (is that the right word?) out of the way. Emma's sister may or may not be reliable as a witness? She is probably very reliable, but she didn't actually see anything - she heard a loud noise. Abby may or may not have been home at the time of the injuries? I'm not sure about this - I believe that Emma's injuries extended over a long period of time and would be willing to bet that AY was around for some it.

    I thought I was OK with the explanations, but I really really need this spelled out for me.
    As near as I can tell so far, there was no DNA evidence on Emma - so the two conspired to wash it off of Emma before AY put her in the car and drove down the block (in my opinion). There is no witness that will say conclusively that they saw Coe hurt Emma. Everything is fairly circumstantial. We don't have the autopsy report, so we don't know what the actual cause of death was. If it was the skull fracture - there is no witness to say Coe caused it, only circumstantial evidence - the sister heard a noise. If it was the sexual assault and it is true there was no DNA on Emma's body - then again it is only circumstantial. If it was the internal damage that was done to this poor baby, again the evidence is circumstantial because no will testify as to what happened, so the jury will be left to make inferences from what evidence is presented.

    So, I think the DA is playing it safe and going for a conviction they feel certain they can get. Maybe they didn't throw the other charges in because they felt it might be too overwhelming for the jury. If the jury could not convict on the murder charge, would they be hesitant to convict on the sex assault charge? Emotions will run high in this case because of the damage to that sweet baby.

    An Attorney never knows what a jury will do, especially when they don't have iron clad evidence.

    One little bit of Coe's DNA on that baby's body - and the DA probably would have gone for the murder charge. It is my opinion that Emma's mom worked hard to get the DNA off of poor baby Emma and for that - 20 years will never be long enough, in my opinion.

    Salem
    Last edited by Salem; 09-20-2010 at 09:29 PM. Reason: typo


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  19. #70
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    Apparently the video tape of AY at the grocery store started at 7:00 p.m. This is when she bought the crazy glue.

    This info is being posted here: http://www.realitychatter.com/missin...-t2705-180.htm

    By someone who is attending the trial.

    Thank you curious2 for the link!


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  21. #71
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    Quote Originally Posted by believe09 View Post
    Thank you LCoast-Abby was buying super glue for a fractured skull that we know was not caused by a bathroom fall if you can believe that portion of sister's testimony-it happened in the kitchen and then Emma was "put to bed." "For a nap."

    She could not be roused, so Abby either ran out and bought super-glue or picked it up on her way home???

    Here is a thought-"Hey lucas call 911 and I will be there as soon as I can..." RIGHT, he was not supposed to be any where near minor children...so he couldnt do that.

    This talented nurse did or did not recognize that her child had a fractured skull??? I am a SAHM who does NOT have a nursing background and I can figure out a fracture/concussion/abrasion. I dont care what kind of a fracture it is, with the exception of the kind that killed Liam Nieson's wife, it is pretty easy to figure out.

    So, what is the evidence they are worried about? The crime scene was cleaned up before Emma was taken to the ER by her mom, right? Emma's sister may or may not be reliable as a witness? Abby may or may not have been home at the time of the injuries?

    I thought I was OK with the explanations, but I really really need this spelled out for me.
    I have to apologize I started the reply to Salem shortly after she posted, but fell asleep before I sent it, had I seem the other posts I may have tried to suck it up and keep it to myself - I am just having such a hard time with this case. I saw the article about the reason for the charges - I understand, Coe needs to be removed from the streets - my eyes see the words that that the DA put together - but my head and heart just don't want to accept it. A little 4 yr old baby was viciously raped, she was sexually and physically abused - she had a STD and her mother gave a song and dance to everyone in an attempt to cover the tracts of her kinky boy toy!!

    According to LE Coe was jobless & homeless, he spent most of the time after Ben moved out/up to Emma's death (March - June) w/Abby - some days with his mother/sister. verified by cellphone pings Coe was at her house alone with Emma much of the time, while Abby was at work

    Emma's daddy, Ben called Abby on the bruises/blisters in May, (Emma cried when she urinated) blisters on Emma's mouth, hands and thighs - in June he said "You take her to the doctor or I will! She took Emma on 6/8.

    06/08 - Emma tells doctor Luke holds me tight, Emma has a fever, blisters & bruises. Doc suspects abuse.

    06-11- Lesions +HSV2 Doc calls Abby and says she is filing a report with CPS.

    6/17 - the 5 of them (Abby, Ben, Emma & sisters) talked to CPS together -

    6-18-09 to 6-22-09, Ben had all three girls, he last saw Emma

    6/22 Last time Ben saw Emma - said no bruises. Older bruises were fading (healing) and the blister on the back of the thigh was almost healed. It had a scab. The morning of June 22, 2009. She looked fine and walked OK.

    At Abby's trial her atty said: "Her sister and her husband at the time had the exact same information that she did about everybody, including Luke, and they didn't voice any concerns either." (Ben claimed he did not know Coe was staying in the house with his wife and kids!) Abby paid off Coe's $40G debt/fine - keeping him out of jail.

    re: 06/08 Dr. Sane testified on Tuesday afternoon and Wednesday morning. Both days she state that Emma told her that "Luke holds me tight." (AY stated Luke was handyman, he playfully swung Emma and his own daughter by the wrists.)

    6/26/09 - Shawn Walker - Coe's brother-in-law testified that Abby & Emma came to pick up Coe from his home around 1 p.m. on Friday, 6-26-09. Emma looked fine. Walked fine,

    6/26 Emma walked OK, no visible bruises, blood on panty's - per neighbor

    6/26 9PM begins the last 24 hours hours of Emma's life - Friday, 6-26-09 at 9PM to Saturday, 6-27-09/ 9PM EMS (911)

    6/27 - noon time Coe & girls home - Abby out - per pings / Emma walked OK - early afternoon

    6/27 2-3PM Susan (neighbor) was sitting in her garage she saw Abby pull into her driveway, she saw her exit car and carry 2 or 3 bags of what appeared to be groceries and go into her home.

    Mid afternoon Emma ill - resting in MST BDRM while sisters out at pool - sis came in to use BR/ wanted to check on Emma found MST BR door shut/ locked - no Coe

    Young went shopping left Emma and her two other daughters with Coe. Per testimony at Young's trial, when she came back from her second shopping trip, she fixed sloppy joe's and then checked on Emma.

    the jury watched videotaped testimony from Thompson's 11-year-old sister. She says on the day Emma died, she heard a loud bang from the kitchen. The sister says she saw Coe with Emma who was bleeding from her head. Emma went to take a nap, but was later found unresponsive by their mother, Abigail Young.

    The calls to Dr. Sane,were verified. Made from Young's home. made from Young's cell phone at 6:30, 6:31, 8:22 and 8:25. Dr. Sane called Young at 8:29PM the call lasted 9 min. Young was at home when Dr. Sane called her. Young made a call at 8:51pm/8:54PM she called 911 call it pinged near her home

    The Randall's tape started at 7 p.m on 6-27-09, the night Emma died. The itemized list of Abigail Young's groceries was also shown - - - she bought some Krazy Glue. In the pictures from the crime scene (her home), there is the opened packaging from the Krazy Glue on the floor!

    Per Nursing staff - Emma's hair was wet and clean with blood only around the first few inches from the scalp. It is clear someone washed her hair and cleaned her body up before attempting to remove her from the home. Abigail Young did attempt to Super Glue Emma's scalp.

    At Young's trial, testimony indicated Young told the neighbors, when she came back from the hospital, that she bleached her bathroom before she attempted to take Emma to the Emergency Room.

    Emma arrived at the ER in full arrest, (paramedics had tried for an hour to resuscitate at the car/911 call scene) They worked on Emma until she was officially pronounced dead. The RN said it was their professional medical obligation to do so even though Emma was "gone" -I want to know - where was Abby's professional/medical obligation?

    - Jennifer, Young's neighbors testified to hearing Coe say "Mom, Emma is dead. She is gone!" in front of Christy's house on his cell phone. Coe's and Young's cell phone records, prove that Young did not call Coe before he made the phone call

    CSI McElvaney described what he found at the house the AM after Emma died - blood spots and smears through the two story house.(I guess Abby cleans the way she "nurses" POORLY!) There was blood splatters throughout various parts of the house. When he first entered, there was a red blanket and pillows from Emma's room, along with what appeared to be a sheet. This was located in the entry near the front door. The DNA Semen Profile was consistent with Lucas Coe's DNA.

    the defense attorney who gave the opening statement said there was no semen. Apparently he did not review all of the evidence, because on day 1 - an expert testified about DNA and there was semen on Emma's red blanket.

    The ME stated blunt force abdominal trauma as Emma's cause of death. Emma's fatal injuries occurred 12 to 24 hours before her death.

    Per autopsy Emma had a severed pancreas and fractured skull. Lower abdomen and pelvis: several bruises; thigh area: 10 or 12 bruises. Per Dr. Moore, those type of bruises are not normal for a child - abdominal area 24 to 25 bruises, chest 14 to 15 - All bruises occurred at same time frame - Per Dr. Moore, the vaginal injury cause lots of bleeding \ extreme pain, walk with legs out and hurt when urinating.

    HVS2 - mouth, hand, vaginal area and butt. head injury - lg amt bleeding - stopped w/ pressure, bathing, shower, wet towel.

    significant busted lip that separated, significant injuries in the mouth, inside the lower lip, lower lip has superficial cuts, Bruises on right side of the face going up to the hairline. Chin: several bruises. 2 abrasions on Emma's back, fingers were bruised.

    There was a significant amount of blood in the abdomen. Some of the internal injuries were old - could have occurred up to one month prior to Emma's death. The above is only a hi-lite of Dr. Moore's testimony. Graphic details are not included.


    Abby's neighbor 'Villareal' said Young told neighbors that Emma had fallen off the toilet in the bathroom, cracking her skull and splitting her lip. She described in detail how the girl suffered extensive bruising from CPR attempts. Young said extensive bruising on the girl's thighs was caused when she pulled Emma from the car, once she passed out.

    "The most surprising thing I saw was her reaction when officers were getting ready to enter her house, "She seemed nervous. She tried to stall them and said she said she didn't have a key."

    Villareal said Young went out of her way to mention that Coe was good to her and her girls. "In front of everyone, she was telling her oldest daughter that her boyfriend never hurt any of you girls and that he was nice to everybody," he said. "It was like she was coaching her."

    She told one group one thing and then told another group of neighbors a totally different story," he said. "She was cool, calm and collected. She seemed kind of normal for someone who just lost a child."

    After Emma's death - the Young's didn't lose custody of the girls until after hearing in August 2009!

    Dr. Moore said she is well informed about the facts of Emma's case. Records regarding this case were provided to her by A. J. Kelly, Lead Investigator/Detective, Harris County Sheriff's Office.

    [just thinking out out loud here... Let's say everything happened the same way - recently separated woman moves her loser/con boyfriend in with her kids - dad & doc see signs of abuse - CPS is called (mom lies) and they fail to remove baby, a week later - baby in care of mother and bf dies - just a horrifically beaten/abused baby - whose mother lied - all things being equal - except there was no rape (no STD, blisters etc) - are we to conclude these two adults would not be charged with her death?]


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  23. #72
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    I totally and 1000000000% agree that both of the POSs should have been charged with murder in the 1st degree! Premeditated, deliberate and torturous. They should fry.

    I'm only speculating about why the DA did not go for Murder 1. That's all I can do. Maybe when the trial is over and the POS is convicted, the DA will explain why they did not go for Murder 1.

    I feel your pain, I feel Emma's pain and it makes my heart very sad!

    Salem


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  25. #73
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    So it sounds like closing arguments are scheduled for 9:30 a.m. tomorrow morning and then the case goes to the jury.

    I'm betting we have a verdict by 3:00 p.m. depending on how long the closing arguments take. If the jury has the case by noon, a verdict should be reached by 3:00. The defense was that the injuries were caused by a straddle fall (I don't even know what that is) and based on the testimony that has been recounted, all I can say is that the defense must think the jury is really blind.

    Salem

    http://abclocal.go.com/ktrk/story?se...cal&id=7678547
    Last edited by Salem; 09-20-2010 at 11:36 PM. Reason: add link


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  27. #74
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    Quote Originally Posted by CuriousTwo View Post
    Does anyone know if there's a transcript of Abby's trial posted anywhere?

    Believe - Great questions ... I'd love to know more details regarding the timeline of the evening as well.
    I read it is going to be available through the county website, at no charge - usually you can buy them. I haven't looked yet, I wondered if they were just waiting til after Coe's trial is finished to release it...

    When I get a chance I'll take a look-see.
    Thank you my WS family for everything you do, everyday. You are loved and appreciated.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~



    ~Emma Leigh Barker~
    09/02/07~03/18/09
    ~R.I.P.~


    Justice For Emma
    Stacey Barker - Guilty - Murder 1 - 5/24/11
    25 to LiFE - Sentenced 6/17/11


    ~~~~~~~~~~~
    jmho as always


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  29. #75
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    Salem the ME stated blunt force abdominal trauma was Emma's cause of death. Emma's fatal injuries occurred 12 to 24 hours before her death.

    While there was no DNA from Coe on Emma, her red blanket had sperm on it, that was Coe's -
    Thank you my WS family for everything you do, everyday. You are loved and appreciated.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~



    ~Emma Leigh Barker~
    09/02/07~03/18/09
    ~R.I.P.~


    Justice For Emma
    Stacey Barker - Guilty - Murder 1 - 5/24/11
    25 to LiFE - Sentenced 6/17/11


    ~~~~~~~~~~~
    jmho as always


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