UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -teen arrested

[Rhenish]

Great time line Alyce.

....So in the wee hours of Monday Morning in a gorgeous sleeping seaside town it appears that the only one up and about, coming and going, and running back and forth from his house is the accused. I have not heard that anyone else has been seen in any video footage other than the accused other than it appears he is carrying another person. Toni is not seen or caught on any video footage as far as I know and I suspect the defense would leap on that if she had been seen out and about also.

I would think the accused's counsel would have advised him to plead as the accused's defense strategy is pathetic in light of all the evidence. I wonder if the sentencing Judge can impose a harsher sentence when the accused IS found GUILTY as the accused has clearly lied, has not taken responsibility, shows no remorse and is wasting time and money dragging this town and the child's family through more unnecessary pain.

 

[LittleMystery]

Also, why did he have a condom on him to begin with, unless this was premeditated. (Or, of course, he may have been looking to get laid by someone at the party)

In a way his defense of mud slinging reminds me of the Jodi Arias case, and she was so pathological and did take the stand in her own defense.

Was a used condom actually found? Or are you meaning the used condom that the defence are referring to that was allegedly stolen by TMc and the semen planted? If so, the defence claim TMc provided it. If its the latter, I doubt it even exists and the condom is a fictional part of the defence to try and incriminate TMc.

Good point about Jodi Arias and the lying/mudslinging. I’ve read various psychology books and articles that diagnose Jodi with: Narcissitic Personality Disorder, Antisocial Personality Disorder, Borderline Personality Disorder and Sociopathy (Depending on who you read!). I would almost certainly say we were looking at something similar here to have the capacity to do what he has done and is doing. The detachment is chilling.

 

[Rhenish]

Was a used condom actually found? Or are you meaning the used condom that the defence are referring to that was allegedly stolen by TMc and the semen planted? If so, the defence claim TMc provided it. If its the latter, I doubt it even exists and the condom is a fictional part of the defence to try and incriminate TMc.

Good point about Jodi Arias and the lying/mudslinging. I’ve read various psychology books and articles that diagnose Jodi with: Narcissitic Personality Disorder, Antisocial Personality Disorder, Borderline Personality Disorder and Sociopathy (Depending on who you read!). I would almost certainly say we were looking at something similar here to have the capacity to do what he has done and is doing. The detachment is chilling.

Hmmm....well now I am unsure based on your question. From what I have read, and perhaps misunderstood, is that a condom was found. I think this is because of the fact the defense explains away the condom with the accused's semen in it as having been planted by Toni after she and the accused reportedly, and falsely suggested by the accused, had sex the night Alesha went missing. If a condom was not found, or does not exist, why would the defense address a used condom so I am assuming that there is a condom with the accused's semen. If the condom is fictional and does in fact not exist then the defense is crazier than I already thought.

 

[LittleMystery]

Hmmm....well now I am unsure based on your question. From what I have read, and perhaps misunderstood, is that a condom was found. I think this is because of the fact the defense explains away the condom with the accused's semen in it as having been planted by Toni after she and the accused reportedly, and falsely suggested by the accused, had sex the night Alesha went missing. If a condom was not found, or does not exist, why would the defense address a used condom so I am assuming that there is a condom with the accused's semen. If the condom is fictional and does in fact not exist then the defense is crazier than I already thought.

Woman denies murder suspect's claims she killed girl and planting DNA from used condom

Judging by this article it’s the ‘contents of a used condom’ rather than a condom itself.

As far as I’m aware the condom hasn’t been found and is just being used as away to explain how TMc could obtain the accused’s semen and transport it to incriminate the accused.

Dad's girlfriend denies sex with accused and planting his semen from condom

This one is the same. It refers to the semen being planted rather than an actual condom.

Editing to add this one.

Would rather not quote it but it gives a more graphic description of the defence and condom contents.

Woman denies murder suspect's claims she killed Alesha MacPhail and planted DNA from used condom


So you are right when you say it’s crazy!

 

[Rhenish]

Thank you for that information. It does make sense how the defense brought in a condom ...... Toni, as the accused falsely alleges, has semen from the condom used when they "reportedly" (by the accused only) had sex (that night). Toni then kills the little girl and spreads the semen from condom to incriminate the accused. Thank you for pointing out to me that they did not necessarily locate a condom but used a condom to explain why semen existed at the crime scene and was planted at the crime scene. My God, the defense argument in this case is so very far-fetched. (Though, admittedly, a good way to frame someone.)

 

[LittleMystery]

Thank you for that information. It does make sense how the defense brought in a condom ...... Toni, as the accused falsely alleges, has semen from the condom used when they "reportedly" (by the accused only) had sex (that night). Toni then kills the little girl and spreads the semen from condom to incriminate the accused. Thank you for pointing out to me that they did not necessarily locate a condom but used a condom to explain why semen existed at the crime scene and was planted at the crime scene. My God, the defense argument in this case is so very far-fetched. (Though, admittedly, a good way to frame someone.)

I totally agree. It’s completely far-fetched and wouldn’t be out of place in a TV show. I find it bizarre that the defence lawyer is going with it. I can’t really think of an other case in the UK with such an outlandish defence and it’s certainly a story that would get an ‘aye right, you’re talking rubbish!’ response in Scotland.

Makes me think the defence must have something else up their sleeve that’ll put some weight to this story to create doubt. As based on what we have heard so far I can’t see anyone finding him anything other than guilty.

 

[Rhenish]

I agree. It will likely be quite interesting to see what further outlandish "stories" the defense does have up their sleeves. I know, how can this guy not be found not-guilty.....but I have thought that before with some cases and then the jury goes South to the dismay of many. I can imagine the courtroom is rife with emotion and extremely stressful.

 

[Caroclaud]

Re doing timeline to add in new information.
The timings marked in Red are based on the assumption that the suspect went into the McPhail home. All other timings are as reported in Court today.

10 pm : Alesha in living room area of house - put to bed by RM with dvd
unspecified time : TM goes to bathroom, then goes to Alesha room, closes door fully
12 midnight or just after : grandmother hears Alesha call out for Peppa Pig
12.22 am : Suspect and mother have argument at suspect's home
12.30 am : Suspect's friends leave his house, suspect's 14 yr old sister accompanies them
01.39 am Suspect texts or Facebook call to RM
01.47 am Suspect / or his sister / or suspect using sisters Facebook account - calls TM
01.54 am Suspect leaves his home, wearing jog pants, trainers , black hoodie. Walks in direction of Rothesay and McPhail home ( Alesha grandparents home) . It is approx 7 minutes from suspect home to McPhail home.
02.01 am approx Arrives McPhail home ?
02.18 am approx Departs McPhail home ?
It is approx 8 minutes from McPhail home to Mr McLachlan home on Marine Place.
02.26 am cctv ( Mr McLachlan home ) spots figure walking past his house - shore line - with something on their back. When later asked, Mr McL says he presumed it was somebody carrying a child.
Time - assume close to 02. 26 am - cctv footage from home of Shari Strathie, who lives 2 doors down from Mr McLachlan.Footage shows movement along the shoreline. She says to her, it looks like a figure walking past her house carrying another person.“You can see the legs hanging down and moving” she says.
03.35 am Suspect returns to his home - from a different direction - accesses his house by jumping over back wall. Does not have hoodie with him.
03.35 to 03.44 m. bathroom light is switched on during this time, presume suspect is having shower
03.45 am suspect leaves his home, wearing only shorts , no shoes, carrying what appears to be a black tee shirt
03.52 am suspect returns home
03.58 am suspect leaves home, fully clothed, running, with a torch
04.07 am suspect returns home, now walking

Such a great timeline thank you for putting this together. There’s quite a big gap between his friends and sister leaving at 1230, and him phoning RM at 01.39, wonder what he was doing all that time, I guess I’m clutching at straws trying to find evidence of something which would help clarify the motivation for such a brutal attack.
This must be very hard for his Mum to hear exactly her worst suspicions come true.

 

[Edinlass]

As Littlemystery pointed out no condom was found, the accused / his defence has plucked an outlandish defence from thin air trying to make it stick. It is claimed TM used a condom while they had imaginary sex the same morning Alesha went missing in order to collect his semen and plant it at the crime scene to incriminate him, all the while leaving no trace of her DNA or fingerprints ANYWHERE. He’s obviously not watched much CSI. He really must think he is something special, he probably wishes TM framed him giving him the feeling that she cared, something he yearns from her IMO. He’s in a fantasy land, one that is going to come crashing down if he thinks he’s going home anytime soon. Even his mum has lead him down the garden path, I bet she cannot wait to see the back of him. Worst possible human being, waste of oxygen IMO.

 

[Ironside]

I totally agree. It’s completely far-fetched and wouldn’t be out of place in a TV show.

It reminds me of a movie called The Crush that I saw years ago. A teenage girl becomes obsessed with a male lodger, he rejects her so she claims he raped her. She got a condom out of the bin to frame him with his DNA. Perhaps the suspect has seen this film?

 

[nothinonyou]

Just been catching up and I’m starting to think that it was the accused’s intention to come into that house for Toni. The phone calls suggests this. I think Toni was the initial target for this attack but for whatever reason the little girl was probably easier for him and maybe he thought he would do the most damage this way; he would hurt Toni and Rab in the worst way possible

 

[wtiger]

Toni is only a couple of years older than the accused...not beyond the realms of possibility that in his mind,he may have had some fixation with her.
I agree with the earlier post that i cannot imagine him having spent 15 mins in that flat without being noticed....surely IF he has spent 15 mins there he must have had some interaction with someone?

These rare type of abduction cases normally would be a quick snatch of the victim and a speedy getaway from the scene....15 mins in there just does not fit.

The only way i could have seen that being correct is if when he got there, he found only the child asleep there with nobody else in the property....in this case we know that is not possible.

I suppose he could have spent 10 mins creeping around and trying to steel himself for what he was about to do?

The scottish court system does lend itself to these fantastical defence tales.
The Special defence being open to a defendant and the possibility of a "not proven" verdict means that it is always worth a defence lawyer trying to muddy the waters.

For me the addition of his sickening defence story would definitely be considered an aggravating factor when passing sentence...l just hope that his age does not get him a silly sentence.

 

[katydid23]

Some people are very deep sleepers - perhaps the occupants were.

I wonder did the suspect know his way around the building already which would make it easier for him to creep around.

Sometimes, when there are 4 adults living in the home, one is not surprised or concerned if they hear someone quietly moving about. Dad might have thought it was one of his folks and vice versa.

 

[katydid23]

Let’s not paint him as a Ted Bundy figure. Pornographic / violent images have been around forever whether that be images in magazines or at the click of a button. You can’t blame this violent, sick and twisted attack on that, it’s ludicrous IMO. I also wouldn’t call it ‘behaviour’ he has alegedly murdered & raped a precious 6 year old girl leaving her with 117 vicious injuries.

Violent *advertiser censored* has been around forever. But it has never been as accessible to young people as it is now. At such a tender, young age, children are seeing violent sexual images, online, in video games, in films, in music and music videos, because the internet makes that all possible.

And it is NON STOP, starting at an early age.

 

[Caroclaud]

Very strange that he had the presence of mind to close the front door in the heat of the moment once he had taken her and was making a getaway. You’d think he might be panicky and not thinking straight.
I assume this is the case, considering the first place is the family searched was in cupboards, and the beds, assuming she was still in the house.

 

[HayLouise]

Jury hears details of the 117 marks found on Alesha MacPhail's body in her post-mortem exam and the mum of the 16-year-old accused takes the stand.


My report for @lbc from the third full day of evidence in the child's murder trial:

Fraser Knight on Twitter

(Audio at link)

 

[HayLouise]

09:25KEY EVENT

Recap from day four - accused's mum 'saw son leaving home on CCTV'

During the fourth day of proceedings at Glasgow’s High Court, the accused teen’s mum said she checked her home’s CCTV system after hearing about Alesha’s disappearance.

She looked at the footage, covering the front and back of the property, and saw her son, jurors heard.

The court was shown footage in which she identified her son leaving the home at 1.54am on July 2, wearing all black, and returning at 3.35am no longer wearing his black top.

At 3.44am, a light was turned on in the bathroom and he was seen leaving a minute later wearing only shorts and carrying an item.

He left the house again at 3.58am, running off wearing shoes, shorts and a top, before returning at 4.07am.

Alesha MacPhail trial updates as accused teen appears in court for fifth day

 

[Alyce]

Am just looking for something earlier in the thread but also saw this which I thought I would bring up again
I remember back then, thinking it was a very long duration for a PM

A post mortem examnation lasting more than seven hours revealed the youngster had been killed either at her home or the ground of a disused hotel where she was found on Monday morning.

Alesha MacPhail was known to sleepwalk, say locals on Bute | Daily Mail Online

 

[Alyce]

An interesting stat

I found a freedom of information release from Police Scotland from March 2016 which details known Sex Offenders on the Isle of Bute:

1 with Offences against Adults,
2 with Offences against Children,
1 with Offences against both adults and children

https://www.whatdotheyknow.com/request/314650/response/776999/attach/2/2016 0345 Final Response.pdf?cookie_passthrough=1

 

[Caroclaud]

Not sure I believe the Mums comment that she shared the CCTV with police to ‘eliminate’ the accused from the enquiries... IMO it serves to totally incriminate and condemn him. Surely she knows this right? Is she just trying to save face and distance herself from in any way knowing what a monster she was living with/ raising? Don’t know anything about her background but am guessing she’s not really helped keep him in check over the years.