28. Burke is a private citizen and has never attained the status of public figure for
purposes of filing and prosecuting a defamation action to seek redress for false attacks on his reputation. Since the time of his sisters death until September of this year, Burke never voluntarily participated in any media or public interviews to discuss his sisters tragic murder.
Thats not true. Burke participated in a segment with JR (I believe it was 20/20) earlier this year.
90. Former Boulder DA Hunters May 1999 exoneration occurred approximately eight months after he convened a grand jury and approximately five months before the grand jury investigation concluded.
So Hunter exonerated Burke knowing full well the Grand Jury was investigating him. What was the conclusion of the Grand Jury LW?
100. On April 7, 2003, former Boulder DA Mary Kennan, n/k/a Mary Lacy, issued a press release stating, in part, I agree with [Judge Carnes] conclusion that the weight of the evidence is more consistent with a theory that an intruder murdered JonBenét than it is with a theory that Mrs. Ramsey did so. A copy of said press statement is attached hereto as Exhibit B.
Call Mary Lacy as a witness then. First question; "Did you even read the case file?"
130. Burke was not awakened during the night.
131. Burke did not leave his bedroom during the night.
Might want to talk to your client again about that one.
155. During the course of the investigation, John and Patsy sought repeatedly to
cooperate with investigators, including signing more than one hundred releases for information requested by the police, and providing all evidence and information in their possession requested by the police.
Um, no they did not.
159. John, Patsy, and Burke each consented to multiple interviews by law enforcement.
Consented so long as the interviews were done separately and that they were provided with all previous statements.
165. None of the six experts concluded that Patsy wrote the Ransom Note. Although they could not determine with 100% certainty that Patsy did not author the Ransom Note, the handwriting experts consensus was that the chances she wrote the Ransom Note were very low:
Ask Cina Wong about that.
166. The Ramsey home was not secure on the night of December 25, 1996. They had
not turned their security alarm on, and at least seven windows and one door were found unlocked on the morning of December 26, 1996. A door from the kitchen to the outside was found open.
The first thing John told police was that it was secure.
180. Other items not belonging on the second floor of the Ramsey home were found there on the day after the murder.
Like what?
181. A rope was found inside of a brown paper sack in the guest bedroom on the second floor.
182. Small pieces of the material of this brown sack were found in JonBenéts bed and in the body bag that was used to transport her body.
183. John and Patsy disclaimed ownership and knowledge of that rope.
It was JARs rope. Even I know that LW.
186. Recently-made and unidentified shoeprints containing a HI-TEC brand mark were found in the basement imprinted in mold growing on the basement floor.
187. Neither John, Patsy, nor Burke owned any HI-TEC brand shoes at the time of the murder.
Lets ask Fleet White about that.
202. JonBenét had burn like marks on her face and back consistent with the application of a stun gun.
She had no burn marks at all. Those were abrasions.
215. Smit concluded that JonBenét was murdered by an intruder who subdued her with a stun gun and then sexually assaulted, tortured, and brutally murdered her in the basement of the Ramseys home (the Smit intruder theory).
Smit told Steve Thomas his intruder theory the day he showed up for work. You can't draw conclusions without reading the case file.
224. Burke has never been suspected of the crime of Murder in the First Degree and Child Abuse Resulting in Death.
Chief Kolar and the grand Jury seem to think he was a suspect.
233. Upon information and belief, the third part of the Documentary examined and excluded suspects other than members of the Ramsey family, thereby supporting the preconceived storyline that Burke was the killer and that this accusation was the only conclusion supported by the evidence.
Interesting that is what they chose to remove. Wonder if that statement is accurate.
254. The purported analysis of the 9-1-1 Recording was not new evidence and was not the result of any advancements in technology: the analysis was performed in 1997.
The fact that they actually played the enhanced version is new. I've never heard it. Yes it is old evidence, but it was new to the general public.
266. Contrary to their representations to the public, Defendants did not present a
Documentary and did not conduct a complete reinvestigation starting right from scratch based on true facts, new witnesses, new evidence, and new theories.
New evidence: Enhanced 911 call
New Witnesses: 911 operator
New Theory: That Burke did it.
Anyway, that is just the first 35 pages. If anyone else wants to continue...