Well here we go. So Tm says we have substantial evidence.
1: They now have witnesses sworn testimony that they searched that area and did not see the body.
2: We also have Tes withholding evidence ordered by a Judge. Evidence that the defense needs to make their claim.
3: Rk's description of the dump site in the 911 calls is not what I can see in the pictures. Furthermore he says he is only 50 percent sure that it was in the same place back in August. Where is the white board, where is the log that has been cut on, where is the mowed area beyond?
The Judge gave the defense until Feb 1st to produce evidence that the body was not there. He did not say prove it to the Prosecution. I think the Judge is satisfied with the defense's claim of substantial evidence.
Also, a Judge can't really create a deadline and then give Tes a continuance, when he knows the Defense needs those records to make their claim. The Judge reset this discovery timeline and thats all there is to it. The deadline thing is dead and satisfied. Moo
Regarding point 1, if the dump site looked like this, I could understand the fact that someone searched the area and nothing being there as having some merit:
However, when the dump site looked like this, the fact that someone looked and didn't find anything doesn't mean that there wasn't anything there, especially given the factors of water, scattering of remains, and the fact that the body was skeletonized in a short period of time:
The fact that anything was found at all is, at least in my mind, one step short of a miracle. The fact that it was found within walking distance of the home is what I would have expected, given that the crime was likely committed by the mother. It has been stated numerous times that bodies are normally dumped close to home when the killer is the mother.
Let's be honest here, and take some of your own experiences into account. How many times have you lost your keys (cellphone, PDA, something) in your home, searched the home 4 times and then finding it in a place you had looked several times. I live alone, don't believe in ghosts, and have had that happen a number of times. And I knew exactly what I was looking for and what it looked like.
Regarding point 2, even the searchers who came forward and said they searched that area and didn't find anything stated they were searching on their own. What is TES responsible for documenting when they are not coordinating the search efforts of individuals?
Regarding point 3, it has been well documented that the body was in the same location where it was initially dumped, since there was a depression under the remains and there were several months of vegetation growing up through the skeleton. That's going to be difficult for the defense to overcome, since the body obviously was there long enough to make a depression before it decomposed, then it was there long enough for vegetation to grow through it AFTER decomposition had progressed enough for plants to start growing through it.
I would love to believe that a mother could not do this to her daughter. Personally, I think an accident happened and she tried to cover it up. However, now I think she has (pardon the expression!) hung herself, since there's no longer any evidence of that accident. Had she just come forward, told the truth from the beginning, and taken responsibility, she'd probably be out of jail already.