GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #3

[Loio]

Ladies where did you guys find the information that Charli was at her sister's birthday party that Sunday night? Also was she last seen at 10 pm or 8 pm?

 

[PeterTosh]

Obviously SC was not in their "Custody" as he was there voluntarily. He could have left at any time. They had no obligation to inform SC of any of their findings as they were on a fact finding mission.

 

[PeterTosh]

$1500 is not too much if they are wide and tough mud tires for a 4WD truck. Less for a street driven only truck. I think my last standard tires not for a truck were at least $200 apiece ($800 set) with the alignment, balancing, etc..

Yes things are a lot more expensive here. $1500 doesn't go far.

I am pretty sure he did buy tires. He offered to show them to me.

 

[PeterTosh]

I was wrong I guess about the searching. I can only find video posted Tue afternoon, not on Monday. At that point they had spoken to Steven and were focusing on the 20mm near Keanae.

Of interest to me - at that time the story they had from SC was his truck needed to be pulled out of a ditch, not that it had broken down. And he had not pinned down a location where he stopped seeing her lights - which is why they were looking that far out.

I wonder if he came up with the Twin Falls for his press interview to try and move the search focus farther from Honomanu.

Having been to that site I can tell you it is the side of the road. Not a ditch. It is dirt. Any 2wd could get out of it on the muddiest of days. Regardless it was a very clear day that Sunday as I was out riding my bike at Jaws. He told me that he had problems wit his alternator and Charli had given him a jump start. I imagine this story is consistent with what he told police. The only message I can actually retrieve is "Electrical and wiring problems, it's still not entirely fixed". FB closed my Crabapple or turned it into a commercial site

As I told him problems with his alternator meant his battery would not have enough charge to get him back to Haiku especially running the lights. Even on a full charge. A car runs on the Alternator, not the battery. The battery is just to turn the starter and then disconnects when the engine is running, just receiving charge.

 

[heartgoesout]

PeterTosh, Thank you so much for answering/clarifying questions we have. I am so very sorry you have to go through this.

 

[RunDaSurf]

Police can legally lie and make up evidence too. Law is extreme in favor of LE on that and it's not a problem in court. Terms of service here won't let me post the link so google about Police can lie to you in order to extract a confession, Frazier v. Cupp, 394 U.S. 731, 739 (1969)

The problem from SC motion suppress evidence is about Miranda Rights. He can say he thought he was turning him self in for arrest and wouldn't be free to go after he got to the station. Suspicious if he acted like he was being charged with crime when she was just missing at that time and there wasn't evidence of a crime. If they lied to him about what happened to Nala the dog that could mean they said there was a crime.

 

[RunDaSurf]

Case in court will rely heavy on circumstantial evidence without bodies, direct witness, confession, weapon. The more the defense can have suppressed the better for SC so expect see as many of these motions as they can. As long as they can't have jawbone suppressed that is like body in this case.

 

[puakenikeni]

Having been to that site I can tell you it is the side of the road. Not a ditch. It is dirt. Any 2wd could get out of it on the muddiest of days. Regardless it was a very clear day that Sunday as I was out riding my bike at Jaws. He told me that he had problems wit his alternator and Charli had given him a jump start. I imagine this story is consistent with what he told police. The only message I can actually retrieve is "Electrical and wiring problems, it's still not entirely fixed". FB closed my Crabapple or turned it into a commercial site

As I told him problems with his alternator meant his battery would not have enough charge to get him back to Haiku especially running the lights. Even on a full charge. A car runs on the Alternator, not the battery. The battery is just to turn the starter and then disconnects when the engine is running, just receiving charge.

thank you so much PeterTosh. Yes, I have had the experience of an alternator going out with a long drive home and at night. I was not able to have the lights on and had to follow someone in order to see the road.

Your information here suggests he lied in a few different ways. It was either Brooke or Kim who had the pull out of the ditch story from him on Tuesday. Also on Tuesday they said he said Ulalena was the last place he remembered seeing her lights, in one interview, and in another one of them says he cannot remember.
They were reporting the story he gave them as it stood at the times of the interview, which chronicles how he changed his story, and now we hear the alternator story version from you. By the time of his interview with Mileka on Thursday, he mentioned both getting stuck and fixing the truck IIRC, an inconsistency people jumped on at the time. By that time he also said Twin Falls instead of Ulalena.

i have links to those video interviews I can post when I get off my mobile and to my desktop.

 

[heartgoesout]

Case in court will rely heavy on circumstantial evidence without bodies, direct witness, confession, weapon. The more the defense can have suppressed the better for SC so expect see as many of these motions as they can. As long as they can't have jawbone suppressed that is like body in this case.

I would think the jawbone is "the body"?? Does the law say different?

 

[Mamamerced]

Having been to that site I can tell you it is the side of the road. Not a ditch. It is dirt. Any 2wd could get out of it on the muddiest of days. Regardless it was a very clear day that Sunday as I was out riding my bike at Jaws. He told me that he had problems wit his alternator and Charli had given him a jump start. I imagine this story is consistent with what he told police. The only message I can actually retrieve is "Electrical and wiring problems, it's still not entirely fixed". FB closed my Crabapple or turned it into a commercial site

As I told him problems with his alternator meant his battery would not have enough charge to get him back to Haiku especially running the lights. Even on a full charge. A car runs on the Alternator, not the battery. The battery is just to turn the starter and then disconnects when the engine is running, just receiving charge.

Well, that certainly ends any debate if SC is dumb or not.

 

[puakenikeni]

I would think the jawbone is "the body"?? Does the law say different?

Sure. One of the problems with "no body" cases is the missing person could conceivably still be alive. Because the jawbone is a body part that a person cannot live without, MPD was able to reclassify the case. Defense cannot argue that she may be alive. That's very good.

The jawbone alone cannot tell the complete story of how she was murdered. There was some trauma to the jaw that was analyzed, info not released as to what. But the stabbing, that would not be known without the rest of her body, except for the clothes, and it's still not as definitive as having the actual wounds, but let's hope.
the top she was wearing didn't cover her upper chest or throat (or her arms), so that is another whole area where she may have been attacked and they will never know.
it is very lucky that the jawbone was found after only five days rather than after months.

With Dawn Gambsky, police found 6 month old skeletonized remains, and prosecution did end up making a plea agreement rather than risk not getting a conviction. There is so much more information that forensics can get from a flesh and blood body that is lost with time. So it is like there is a spectrum between a body and no body I guess.

 

[heartgoesout]

oh that made me laugh outloud. It's hard to keep so many lies straight!

 

[puakenikeni]

Well, that certainly ends any debate if SC is dumb or not.

Yep, a moment of laughter for me too!
Really makes me wonder about the premeditation aspect. I am thinking that the intent and desire to end her life was there when he called her, but it doesn't seem like he had planned it out thoroughly or nailed down his alibi.

Also he was probably seen driving his truck in Pai'a earlier in the day when it was supposedly left on the side of the road, and I think there is some traffic cam image. That truck should have been nowhere that it could bust his alibi.

He may not be dumb overall, but too young and cocky and didn't think out all the angles. Luckily for the side of justice for Charli and Joshua and the family. Sadly in that if only he had thought enough to know it was never going to work, and for his own preservation, he should have held back and she would be a mother now instead of which this senseless tragedy has unfolded.

 

[puakenikeni]

Police can legally lie and make up evidence too. Law is extreme in favor of LE on that and it's not a problem in court. Terms of service here won't let me post the link so google about Police can lie to you in order to extract a confession, Frazier v. Cupp, 394 U.S. 731, 739 (1969)

The problem from SC motion suppress evidence is about Miranda Rights. He can say he thought he was turning him self in for arrest and wouldn't be free to go after he got to the station. Suspicious if he acted like he was being charged with crime when she was just missing at that time and there wasn't evidence of a crime. If they lied to him about what happened to Nala the dog that could mean they said there was a crime.

yes, they can lie to him.
Sounds like defense is arguing that, but I don't think there is any merit to him arguing what he thought about unless he can back it up with evidence he was told such a thing. Miranda motions are granted based on what LE does and says, not on people's erroneous thoughts or beliefs. As long as they did not arrest him or refuse him the right to leave, or tell him to come down to the station to surrender himself for arrest, then he was not in custody.

So his statement was made because he was guilty and worried about what best to do to avert suspicion. The police are allowed to nudge you into talking by pointing out it looks bad if you don't.

Miranda is about warning a person that statements can be used at trial and he does not need to answer questions because he has the right not to self-incriminate once arrested. Until there is an arrest, there is no future trial under the law. There is no law compelling anyone to make statements to the police (except possibly in National Security) situation. The police can only request. We are supposed to know that.

I'm sure SC knew he was free not to answer. He also knew that by not answering he would blow any illusion they might have that he was an innocent ex whose concern was to find missing Charli. So he chose to answer, entirely out of what he thought was best chance to avoid getting arrested. Boohoo, he said some things that he shouldn't have.

The motion doesn't seem to argue the police told him a false story about something happening to Nala. The news story on motion puts it they didn't tell him she was found. Will be interesting to find out how that impacted his story.

 

[RunDaSurf]

Sure. One of the problems with "no body" cases is the missing person could conceivably still be alive. Because the jawbone is a body part that a person cannot live without, MPD was able to reclassify the case. Defense cannot argue that she may be alive. That's very good.

The jawbone alone cannot tell the complete story of how she was murdered. There was some trauma to the jaw that was analyzed, info not released as to what. But the stabbing, that would not be known without the rest of her body, except for the clothes, and it's still not as definitive as having the actual wounds, but let's hope.
the top she was wearing didn't cover her upper chest or throat (or her arms), so that is another whole area where she may have been attacked and they will never know.
it is very lucky that the jawbone was found after only five days rather than after months.

With Dawn Gambsky, police found 6 month old skeletonized remains, and prosecution did end up making a plea agreement rather than risk not getting a conviction. There is so much more information that forensics can get from a flesh and blood body that is lost with time. So it is like there is a spectrum between a body and no body I guess.

Thanks again Puakenikeni for having patience to type all that.

 

[puakenikeni]

Btw, it was asked yesterday when Nala's finding was known. Per posts on the FCS page, family got word late Tuesday night of a POSSIBLE find, even though she was found Monday morning. If it was confirmed that night, it was after midnight and Wednesday already. Not known if police waited a while to tell family.

Tue morning and early afternoon is when the police began asking Steven questions and askng him to come to the station. He went in Wed. Morning. Apparently the news about Nala wasn't everywhere yet, but if he had been following the FCS page he would have known she was found before he went in.

 

[puakenikeni]

Here are a link to answer question about the timeline and a quote about Steven's story:
This MauiWatch interview with Kim from Wed. the 12th states full timeline at beginning.
https://www.youtube.com/watch?v=or7HRuH8xg0
Mentions that Steven said last saw her lights at Ulalena.

I listened to the video yesterday from the day before saying specifically she was to pull him out of a ditch, but I can't find it quickly, and I don't have time right now to search, and it's probably not important to find it just now.

 

[Kapua]

$1500 is not too much if they are wide and tough mud tires for a 4WD truck. Less for a street driven only truck. I think my last standard tires not for a truck were at least $200 apiece ($800 set) with the alignment, balancing, etc..

Yes things are a lot more expensive here. $1500 doesn't go far.

I bought 4 tires in February and had the invoice handy - $512 out the door here on the mainland. But I drive a Mazda 6, not an SUV.

 

[Kapua]

$1500 is not too much if they are wide and tough mud tires for a 4WD truck. Less for a street driven only truck. I think my last standard tires not for a truck were at least $200 apiece ($800 set) with the alignment, balancing, etc..

Yes things are a lot more expensive here. $1500 doesn't go far.

I bought 4 tires in February and had the invoice handy - $512 out the door here on the mainland, FWIW. I drive a Mazda 6, not an SUV.

 

[Kapua]

People frequent their same places on the island. Where your house is, where your work is, where your beach is, where you buy food, where you go out. You can live in Haiku, not go to Lahaina ever and reverse. You can live in Kula 20 years and not been to Hana in 18 or 10.

SC knows Haiku, Pe'ahi, Keanae (where evidence was). Charli lived and worked in Makawao. I know how close that is but think difference it is her awareness space and his is Haiku Pe'ahi instead.

LE, prosecutor, should dig into how he is familiar in Keanae and Honomanu. For body did his awareness space extend to Hana was he there a lot? Is there a place there or people there that make it ""the outer edges along the space's transportation coridor" or is that what Honomanu and Nahiku are to him? Where would he hide bodies and feel in control?

Exactly, RunDaSurf! Some people have smaller "awareness spaces" than others, and thank you for that term. I have friends in Haiku and they don't get out Lahaina way very often, they stay east side most of the time. They do go to Kahului and Wailuku often, though. And when I visit, we always go to Hana and back the hard way, through Ohe`o Gulch, Kaupo, and Ulupalakua. And we'll take side trips. Once, we went to Nahiku. Once, we went to see the birthplace of Queen Ka`ahumanu in Hana.