GUILTY TX - Dana Edwards, 32, murdered in her Alamo Heights home, 1 Jan 2009

In following the trial via tweets, it would appear that Dick DeGuerin's cross-examination of SAPD Detective Carrion (perhaps aptly named) has gone far to create reasonable doubt today. Inept investigation. But we'll see.
 
Thank you, wfgodot, for keeping us updated on this trial. I do hope there will be justice in the end.
 
Craig Kapitan @HearsaySA
Carrion just finished testifying. Wasn't the strongest witness for prosecutors. If this was movie, he'd probably be played by Keanu Reeves.
Understatement on the "wasn't the strongest witness for the prosecutors." On our way to a hung jury? DeGuerin seems to have kicked wide holes in the state's shaky case.
 
Medical examiner testifying today.
Craig Kapitan @HearsaySA
ME: "I've never known anybody to collect stomach contents. At no office I've ever worked at has that been an issue."
Craig Kapitan @HearsaySA
DeGuerin's theory: If ME could have identified cereal in stomach, as opposed to meat, might show Edwards was actually killed next morning.
Wow, I thought they always did. #fooledagain
 
Defense DNA expert is this woman. I'd say odds on acquittal - based on extremely shoddy police work - right now are 70-30.
 
the defence DNA expert sounds like a great woman and a great scientist, and another state Lab is shown to have not been up to scratch and hundreds if not thousands of cases are being reviewed,
 
Craig Kapitan @HearsaySA
DeGuerin: Grit's stomach was "examined more carefully than Dana Clair's."
True, it seems. Defense closing statement argument. If at least one juror is not swayed by police incompetence in case investigation, I will be stunned. But, while there's an abundance of doubt, is it reasonable? Despite loss of video evidence, what's there shows an vehicle awfully like the defendant's, entering and exiting the victim's parking lot multiple times the night of her demise. Cell phone "ping" evidence doubtful though. I don't think I could convict based on the evidence. Others may be of a hardier breed. Either way will be an understandable vote for a jury member.
Craig Kapitan @HearsaySA
DeGuerin: Stomach contents "would have told us something we didn't know. That's a lack of evidence."
Another unconscionable miscue on LE's part:
Craig Kapitan @HearsaySA
DeGuerin: Police found pill in bathroom but didn't collect it."Was she surprised while she was in the act of taking her morning medication?"
If so, whole prosecution timeline out.
---
Honing in on confusing cell tower "ping" evidence (prosecution scored solidly with this earlier):
Craig Kapitan @HearsaySA
DeGuerin disparages the cellphone tower coverage map as a "jigsaw puzzle."
---
DeGuerin: "Thomas Ford's house...it's up on a hill & it's a 2-story house. Perhaps the line of sight" was to tower near Edwards' condo.
30 minutes left for defense closing argument. Then prosecution gets last turn. Would be exciting to be sat in that Bexar County courtroom right now. Egad. The only time I've chanced to visit a courtroom on the final day of a murder trial and then waited for the jury to decide, I got a nosebleed, lol. Too exciting. Blood pressure skyrocketed!
 
Craig Kapitan @HearsaySA
DeGuerin suggesting former Ford friends aren't to be trusted. Says they were caught changing stories while on witness stand.
Defense moving on to clobber prosecution ex-friend-of-Ford witnesses. Whomever makes the final prosecution argument could still ace this test and convince jury, but the circumstantial evidence the case is based on is noticeably weaker than most, methinks. And the horror of that is - a guilty man may go free, and it will be because LE mishandled the case. But it's innocent till proven guilty in these United States, and God bless our judicial system. It's also not beyond thinking that an innocent man here will not be convicted.

The defendant (at right) watches his attorney argue the case this morning.
Craig Kapitan @HearsaySA
DeGuerin keeps quoting prosecutors from opening statement 3 weeks ago: "Bottom line, they screwed up the investigation."
 
Craig Kapitan @HearsaySA
DeGuerin: "What they're basing their case on is that Thomas didn't tell the truth in that video statement" to police.
That's a pretty big "what." If one is going to give a video statement to police, one should tell the truth. Or one should exercise one's right not to talk to the police. Otherwise, months fly by and the next thing you know you may be sitting on trial at the defense table, watching your attorney make statements like DeGuerin's above in closing arguments. (But is it a big enough "what" to sway a jury?)
Craig Kapitan @HearsaySA
DeGuerin: "That's a non sequitur. You cannot prove murder by simply proving...that Thomas didn't tell the truth on that interview."
Looks like lunch for jury will come after prosecution's close.
Craig Kapitan @HearsaySA
DeGuerin is done with his closing arguments. Prosecutors get one more shot, but first a 10-minute break.
Big case in a small, ritzy enclave where just about everyone knows everyone:
Craig Kapitan @HearsaySA
Seriously, a good percentage of Alamo Heights is in the courtroom. Prosecutor Catherine Babbitt still has an hour she can use.
Craig Kapitan's trial tweets are a great example of a good use of Twitter. He's been outstanding.
 
It hasn't been the strongest closing argument. Yet anyway.
Craig Kapitan @HearsaySA
Babbitt: Defense wants to look at each piece of evidence in vacuum. "That's not how evidence works in a criminal case."
One should never lecture a jury on how evidence works - it insults them this late in the trial. Babbit started by buttering them up and calling them "smart people." Needs to hammer and hammer at the existing evidence again and again, not waste time with polemics.
--
Attempting to counter defense testimony that Ford is not and has never been a violent man:
Craig Kapitan @HearsaySA
Babbitt: "If you keep stuffing & stuffing & stuffing, what happens? It explodes. It kind of looks that way...like he unloaded on her."
Catherine Babbit goes for the emotions:
Craig Kapitan @HearsaySA
Babbitt: "This crime is a very personal crime." Not only killed her but dog, "one of the closest things to her."
The trouble here is that there's no compelling evidence that Ford dumped Grit over Olmos Dam, where he was found - except perhaps for confusing cell ping possibilities. There's more evidence that the dog ran away - his autopsy showed he'd eaten trash, and he had a history of absconding - and his death was by doggy misadventure. Poor thing. Dog lovers on jury will remember Grit though, and it may swing emotions enough to sway votes.
--
Yargh! But the ping stuff may or may not wash with the jury, and LE lost the best video evidence after it was sent to FBI for enhancement and disappeared.
Craig Kapitan @HearsaySA
Babbitt: "I think he wanted police very much to believe his alibi. He didn't count on video surveillance...cell phone technology..."
Babbit steadier now though, appears to be doing workmanlike job in prosecution close.

Just unveiled large photo of Mary Claire and Grit. Playing the emotional card. I don't think this will work. Just a feeling.
 
This strikes me as very weak:
Craig Kapitan @HearsaySA
Babbitt: "If not him, who?" No items stolen, no vandalism. "She wasn't raped."
Could sway doubters though, I guess:
Craig Kapitan @HearsaySA
Babbitt points to photo of Edwards & Grit: ..."This murder, the only thing the killer wanted was these two."
No evidence whatsoever that this was the case, but it certainly is what one says to a jury at the end of a long trial - the motive is there, tweaked by failed possibility:
Craig Kapitan @HearsaySA
Babbitt says maybe Ford got glimmer of hope for rekindling relationship during limo ride but was rejected, compounded by joke at party.
 
Jury grappling with "ping" evidence:

Craig Kapitan ‏ @HearsaySA
Jury deliberating Ford case wants to view transcripts about what the cell phone tower expert said. Judge/attys deciding what to give them.
---
Craig Kapitan ‏ @HearsaySA
At 1 point in transcripts now being read aloud AT&T expert said "sight does not exist between" Ford's home & cell tower near Edwards' condo.
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Craig Kapitan ‏ @HearsaySA
The expert basically said Ford couldn't have been home, as he claimed, and have his phone ping off the tower near Edwards' home.
If that's the main sticking point they want cleared up, we could have an early verdict, or at least an earlier one than I thought.
 
jury still at it, wonder if we will get a verdict tonight
 
Craig Kapitan just tweeted the lawyers are still going at it as to what info regarding cell testimony to send into the jury room, transcript-wise. Wouldn't think there'll be a verdict today then. But if jurors stick to testimony by the state on that issue, that means favor tilts to a guilty verdict - which is why Dick DeGuerin is attempting to send to the jury as much of his defense presentation regarding cell towers as he can. Kapitan will be at the courthouse tonight till either a verdict is reached, or the judge sends the jury home for the night.
 
Craig Kapitan ‏ @HearsaySA
Judge Herr announces change of plans. Sending Jon Thomas Ford murder trial jury home for the night. Deliberations resume at 9:30 am.

Two jury notes found: #1 and #2
 
.....
Craig Kapitan ‏ @HearsaySA
The jury has indicated it has a verdict in the Jon Thomas Ford murder trial. #mySA
Craig Kapitan ‏ @HearsaySA
The 186th courtroom is instantly full again with lawyers, families on both sides and TV crews while we all wait to see what jury decided
.
 

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