Mary Lacy releases a new exoneration letter?

cynic

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October 18, 2009

Ms. Casey Anthony,

As you are aware, since June 2008, the Boulder District Attorney's Office has been the agency responsible for the investigation of the homicide of your daughter, Caylee. I understand that the fact that we have not been able to identify the person who killed her is a great disappointment that is a continuing hardship for you and your family.
However, significant new evidence has recently been discovered through the application of relatively new methods of DNA analysis. This new scientific evidence convinces us that it is appropriate, given the circumstances of this case, to state that we do not consider you to be under any suspicion in the commission of this crime.
We became aware last summer that some private laboratories were conducting a new methodology described as "touch DNA."
The Bode Technology laboratory was able to develop a profile from DNA recovered from the duct tape.

Linda Kenney Baden, a kindred spirit, was heard on 48 Hours Mystery (October 17, 2009) commenting on this important new evidence:
KENNEY BADEN: The state had led you to believe that there’s duct tape around the mouth.
RODRIGUEZ: Oh, you’re saying there’s not?
KENNEY BADEN: All we can say is that’s going to be a disputed issue.
BAEZ: I think they botched this from the very beginning by arresting Casey Anthony without fully investigating the facts and circumstances surrounding this child’s disappearance.
KENNEY BADEN: It was ruined and spoiled in a lot of ways. For instance…the most important piece of evidence that the state thought they had, which is this demonizing duct tape, was contaminated by the FBI.
A lab technician's DNA was found on the duct tape. Along with DNA belonging to an unidentified person…
KENNEY BADEN: Another party that did not belong to the FBI, did not belong to law enforcement, did not belong to Casey or any of her family members that is on that duct tape.
MACALUSO: A stranger. It was a stranger involved.
KENNEY BADEN: Somebody else is the killer of this child.
(http://www.cbsnews.com/stories/2009/10/15/48hours/main5386046.shtml)

Unexplained DNA on the victim of a crime is powerful evidence. There is no innocent explanation for its incriminating presence.
Solving this crime remains our goal, and its ultimate resolution will depend on more than just matching DNA. However, given the history of the publicity surrounding this case, I believe it is important and appropriate to provide you with our opinion that you are not responsible for this crime. Based on the DNA results and our serious consideration of all the other evidence, we are comfortable that the profile now in CODIS (the Combined DNA Index System) is the profile of the perpetrator of this murder.
To the extent that we may have contributed in any way to the public perception that you might have been involved in this crime, I am deeply sorry: No innocent person should have to endure such an extensive trial in the court of public opinion, especially when public officials have not had sufficient evidence to initiate a trial in a court of law. I have the greatest respect for the way you and your family have handled this adversity.
I am aware that there will be those who will choose to continue to differ with our conclusion. But DNA is very often the most reliable forensic evidence we can hope to find and we rely on it often to bring to justice those who have committed crimes. I am very comfortable that our conclusion that this evidence has vindicated you is based firmly on all of the evidence, including the reliable forensic DNA evidence that has been developed as a result of advances in that scientific field during this investigation.
We intend in the future to treat you as the victims of this crime, with the sympathy due you because of the horrific loss you suffered. Otherwise, we will continue to refrain from publicly discussing the evidence in this case.
We hope that we will one day obtain a DNA match from the CODIS data bank that will lead to further evidence and to the solution of this crime. With recent legislative changes throughout the country, the number of profiles available for comparison in the CODIS data bank is growing steadily. Law enforcement agencies are receiving increasing numbers of cold hits on DNA profiles that have been in the system for many years. We hope that one day soon we will get a match to this perpetrator. We will, of course, contact you immediately. Perhaps only then will we begin to understand the psychopathy or motivation for this brutal and senseless crime.

Lovingly,

Mary T. Lacy

District Attorney

xoxoxoxoxoxo
 
lol.spacey lacy would write something like that,for sure.
 
I'd laugh, but there's nothing funny about any of this.
 
If Berry Scheck told you that the reason Nicole and Ron's DNA were found on OJ and OJ's DNA found on Nicole and ROn, is the result of SECONDARY TRANSFER, would you believe it?

What about David Alan Westerfield and Danielle Van Dam's DNA (a tiny microscopic speck) found in his apartment. Could THAT be SECONDARY TRANSFER?
 
If Barry Scheck told you that the reason Nicole and Ron's DNA were found on OJ and OJ's DNA found on Nicole and Ron, is the result of SECONDARY TRANSFER, would you believe it?

What about David Alan Westerfield and Danielle Van Dam's DNA (a tiny microscopic speck) found in his apartment. Could THAT be SECONDARY TRANSFER?

Apples and handgrenades, voynich.
 
If foreign DNA of any sort were found in the Routier case, would you, Voynich, believe this exonerated Darlie?

Seriously, Voynich, I think you may be misinterpreting what is being said by RDI* here: simply that we don't know the identity of the owner of the DNA ergo we can't begin to know that it is connected with the murder or that, even if it does belong to the killer, that the Ramseys weren't complicit in some way (before, during or after the fact). No one is saying categorically that it doesn't belong to the murderer, just that there is a chance that it does not. The odds either way don't matter - Mary Lacy had no business clearing anyone on this basis.
 
If foreign DNA of any sort were found in the Routier case, would you, Voynich, believe this exonerated Darlie?

Since according to cynic and SD and the RDI spin team, that secondary transfer is a "fact" foreign DNA due to secondary transfer must be found.
 
Since according to cynic and SD and the RDI spin team, that secondary transfer is a "fact" foreign DNA due to secondary transfer must be found.

What about the voynich and RST postulate that any unexplained DNA in a crime scene instantly exonerates any primary suspect(s) regardless of other evidence pointing to guilt.

Consider these thoughts from William C. Thompson:
It occurred to me, and must have occurred to some criminals, that the rapist would have been more successful had he planted another man’s semen on his actual victims. Semen samples are not difficult to obtain. In a park on the campus where I teach semen samples in discarded condoms can be found regularly (particularly in Springtime). Perhaps I have been studying DNA testing too long, but I cannot pass that area without wondering whether the young men who leave those biological specimens could be putting their futures at risk.
And there are other items besides semen that might be used to plant an innocent person’s DNA at a crime scene. Clothing the person wore, a cigarette the person smoked, a glass the person drank from could all, if placed at a crime scene, create a false DNA link between an innocent person and a crime. When such planting occurs, will the police be able to figure it out? Will a jury believe the defendant could be innocent once a damning DNA match is found? I have strong doubts on both counts and, consequently, believe that intentional planting of DNA evidence may create a significant risk of false incriminations.
http://www.councilforresponsiblegenetics.org/pageDocuments/H4T5EOYUZI.pdf

In your world, law enforcement and the DA would be paralyzed by the introduction of such foreign and unexplained DNA.
In a holistic approach where all evidence is considered on its merit and ability to mesh cohesively with other evidence, this would not be a problem.

Secondary transfer is a "fact".
Now you are on the right track.
 
What about the voynich and RST postulate that any unexplained DNA in a crime scene instantly exonerates any primary suspect(s) regardless of other evidence pointing to guilt.

Consider these thoughts from William C. Thompson:
It occurred to me, and must have occurred to some criminals, that the rapist would have been more successful had he planted another man’s semen on his actual victims. Semen samples are not difficult to obtain. In a park on the campus where I teach semen samples in discarded condoms can be found regularly (particularly in Springtime). Perhaps I have been studying DNA testing too long, but I cannot pass that area without wondering whether the young men who leave those biological specimens could be putting their futures at risk.
And there are other items besides semen that might be used to plant an innocent person’s DNA at a crime scene. Clothing the person wore, a cigarette the person smoked, a glass the person drank from could all, if placed at a crime scene, create a false DNA link between an innocent person and a crime. When such planting occurs, will the police be able to figure it out? Will a jury believe the defendant could be innocent once a damning DNA match is found? I have strong doubts on both counts and, consequently, believe that intentional planting of DNA evidence may create a significant risk of false incriminations.
http://www.councilforresponsiblegenetics.org/pageDocuments/H4T5EOYUZI.pdf

In your world, law enforcement and the DA would be paralyzed by the introduction of such foreign and unexplained DNA.
In a holistic approach where all evidence is considered on its merit and ability to mesh cohesively with other evidence, this would not be a problem.


Now you are on the right track.

I agree with what you say, in this case evidence includes no motive, no history of violent crime, no conclusive match of PR to the RN, the degree of damage inflicted on JB, unaccounted for brown fibers found, etc. This and not only that DNA was found but where it was found, and the likeliness of finding given DNA degrades, is destroyed by heat and detergent, I've heard her panties were new, all suggest recent deposition.

FYI a bloody fingerprint that is clearly identifiable, not identified w/suspect nor investigator or LE or guest, and attached to the murder weapon would be powerful exculpatory evidence.
 
I agree with what you say
Still on the right track
in this case evidence includes no motive, no history of violent crime, no conclusive match of PR to the RN, the degree of damage inflicted on JB, unaccounted for brown fibers found, etc. This and not only that DNA was found but where it was found, and the likeliness of finding given DNA degrades, is destroyed by heat and detergent, I've heard her panties were new, all suggest recent deposition.
Oops - took a wrong turn there.
FYI a bloody fingerprint that is clearly identifiable, not identified w/suspect nor investigator or LE or guest, and attached to the murder weapon would be powerful exculpatory evidence.
FYI - Defense lawyers pull this stunt all the time. Regardless of the overwhelming evidence to the contrary, they resort to the “what about this “insert name” over here” tactic. It could be a fingerprint, unidentified DNA, the break-in down the street etc. A favorite of mine was the so called second set of footprints in the O.J. trial.
Of course the real killers of Nicole and Ron were Colombian drug lords – right?
 
Still on the right track

Oops - took a wrong turn there.

FYI - Defense lawyers pull this stunt all the time. Regardless of the overwhelming evidence to the contrary, they resort to the “what about this “insert name” over here” tactic. It could be a fingerprint, unidentified DNA, the break-in down the street etc. A favorite of mine was the so called second set of footprints in the O.J. trial.
Of course the real killers of Nicole and Ron were Colombian drug lords – right?

unsourced brown fibers, missing cord tape paintbrush stick

bloody fingerpirnt is far more relevant as it sets limits on time and relationship to murder
 
Or blood cells and skin cells.

Yeah, that was pretty much my point, cynic. The DNA at the OJ scene was blood. And he just happened to have a cut on his hand. Thus, it was logical to assume that he accidentally cut himself during the frenzied attack. Moreover, there was a lot more evidence against him. That's a pretty far cry from this case.

voynich said:
Since according to cynic and SD and the RDI spin team, that secondary transfer is a "fact" foreign DNA due to secondary transfer must be found.

It always interests me when my name is mentioned. But I'm not sure what you're trying to say here.
 
unsourced brown fibers, missing cord tape paintbrush stick
Let's not forget about the sourced fiber evidence.
...missing cord tape paintbrush stick = Pam Paugh and looting.
 
Voynich, you are raising some brilliant points and I apologise for leaping around like Tigger on Ecstasy in my replies but I promise I'll reply to your posts properly next week when I'm off work. However:

1) You don't need a motive to convict somebody. A discernible motive would have helped convict the Ramseys, if only because it might have persuaded the DA's office to pursue evidence against them more aggressively. In family murders, though, a motive can be nigh-on impossible to find. No one seriously doubts that Debora Green murdered her children but the motive remains opaque to this day. Revenge on her husband? Imagining that tragedy would bring her husband back as it had in the past?

Motive doesn't help much in the intruder scenario, either, the RN itself giving three different motives (dislike of John, financial gain and dislike of the US) and the crime itself suggesting at least one other - namely paedophilia.

Motive can prove helpful in demonstrating premeditation or in establishing mens rea but this doesn't mean that the motive and premeditation have to have evolved over weeks and months. I'm pretty certain that the motive (and more importantly premeditation) can arise in the seconds before the crime for the criteria for mens rea to be met. DeeDee will probably know if this is the case in US criminal law.


2) Lack of previous violent form isn't that significant either. Firstly, it's an assumption that there was no violence in the family - no one outside the family knows the truth of that. We just assume on the basis of friends' testimony that there was no violence going on. Secondly, quite often there is no violence in the history of family murderers. Again, look at Debora Green. She had a wicked temper and engaged in self-harm on occasion but it was her husband who, once or twice, acted out violently with the kids. Debora was indulgent with her kids, didn't push them to tidy up, was fairly laissez-faire about their friends. She did treat them inappropriately, though - discussing their father's sex`life with them etc.

Generally, observing the niceties and attending to the protocols isn't a guarantee of being a good person: any and every sociopath, most child molesters and many rapists observe the norms and produce a perfect facsimile of being a harmless, good person, Ted Bundy being the one who always springs effortlessly to mind.

3) The damage done to JBR was hideous but it wouldn't have been a prolonged attack and she would certainly have been unconscious for most of it. It wasn't like the Ramseys would have had to look at their own child screaming for mercy or howling in pain. There is an interesting article on the Net by a journalist who has seen the full colour photograph of JBR's face at the autopsy. He comments that the really astonishing thing is that, apart from the slightest of blue tinges, she looks completely unharmed as though she were just sleeping.
 
Cynic, I had no idea there was so much other evidence in Darlie's case! I read Don Davis's book a few years ago and thought it looked pretty cut and dried but this link suggests otherwise...
 

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