OK, last write up for now. This one is all over the place. I hope you gain something from it, I don't know...
This is my interpretation of what I heard. This information has been
provided for use and discussion at Websleuths only.
Day 4 remainder of morning and afternoon session
Iris Eytan (IE) calls Agent Joseph Cahill/CBI at 10:55 AM.
Agent Cahill confirmed that “numerous DNA samples” were processed. Confirmed that they considered “all DNA”. Confirms that there was unknown DNA in the glove box of SMs RR. IE asks Agent Cahill very detailed questions and Agent Cahill reminds her that “I am not the author of this report”. IE made him confirm that he had not seen the final version of the AA. Agent Cahill confirmed that BM was “excluded from the glove box as a DNA contributor”
. IE brings up that there was unknown DNA found on SMs bike. If I remember correctly, Agent Cahill was not aware of this. IE then stated “Did the AA state “edited and reviewed by Joseph Cahill”?” Agent Cahill responded “No it did not”. IE then showed the AA to Agent Cahill and asked him “Does this refresh your memory?” It did not.
IE then states that Agent Cahill is a “adverse witness” and she requested “permission to lead”.
Agent Cahill had to answer how much of the 126-page AA he read. He got to page 19, then sent it back to Commander Walker, as he was going on military leave.
IE “Were you aware of DNA results?” regarding foreign DNA on SMs bike. Agent Cahill “I do not recall”.
IE informed that results indicated foreign DNA on bike “rims” or “brakes”, handlebars. There was reportedly also foreign DNA on the rear seat cushion of SMs RR. BM was reportedly excluded. BM also excluded from bike brakes and handlebars of SMs bike. IE asked if the “task force considered the foreign DNA profiles”.
“blue shirt in creek found in May 2021
” – Was submitted for examination, no match to BMs DNA.
October 8, 2020
– Glove box DNA forwarded to Combined DNA Index System
(CODIS) with the goal to search for a match. Agent Cahill has not reviewed those results. IE points out that it returned 3 matches to unsolved sex assault cases.
October 20, 2020 –
IE stated that this is the date Agent Cahill was made aware of the unsolved sex assault cases. Cahill stated that this is incorrect.
May 19, 2021
– Ms. Duce (spelling?), who works in the lab, authored a letter to Agent Cahill. Agent Cahill did not get this letter until it was provided to him by the DA. The letter informed that the glove box DNA contained a “partial DNA profile” based on “limited genetic data”. 3 matches were found.
“ever seen this letter?
” - IE asked Agent Cahill if he ever saw the “matched profiles from other cases” letter. He stated “No, not prior to receiving it from the DA’s office 2 weeks ago”
- “Tempe, AZ” case
: Contacted Tempe officer. IE asked Agent Cahill where the sex assault occurred. He answered “I don’t know”. IE asked “Was it outside of a convenience store?” He answered “Yes”. IE asked “Was there DNA recovered from the woman in Tempe case?” He answered “Yes”. They reportedly had 2 suspects in Tempe case. DEFENSE EXHIBIT
22: Letter from Ms. Duce (spelling?) to CBI investigators. CODIS match to Phoenix, Tempe, Chicago cases. IE asked if it was ever checked if BM was involved in their cases and vice versa. She is concerned that they checked if BM could have committed sex assault in Tempe, but not if suspects in Tempe case could have been involved in SMs case. Partial DNA did not match either suspects in the Tempe case as per Agent Cahill. It went back and forth over if or if not there is scientific data connecting the suspects in Tempe etc. to SMs case. IE eventually stated to Agent Cahill “There is no scientific reason for you to say no match”.
- Match “Phoenix” case
: November 19, 2020 letter. Glove box and unsolved sex assault case in Phoenix. Then I wrote “sperm fraction” and “underwear”, but don’t remember what this entailed. IE states that there was no follow-up on CODIS DNA match with Phoenix LE.
- Match “Chicago” case
: April 28, 2021. CBI advised Illinois LE of match aka “laboratory report CODIS hit”. May 21, 2021 – Letter. May 21, 2021 – Agent Cahill was made aware, has not seen letter from Ms. Duce (spelling?). Did receive call from CBI Burgess advising of match with Chicago case. Did not investigate. Agent Cahill was on military leave March 8, 2021 – May 10, 2021
. D/t this Burgess followed up.
September 3, 2020
– CBI email/letter to/from Holiday Inn. Strong chlorine “pool” smell in Room 225, where BM stayed in. Agent Cahill confirms that he has not seen the letter but “it was discussed” and “don’t remember specific dialogue”.
Iris Eytan (IE) finished with Agent Joseph Cahill/CBI at 11:45 AM.
Prosecution will get 10 minutes prior to lunch with Agent Joseph Cahill/CBI.
Agent Cahill was asked if it is correct that BMs DNA was found on SMs bike seat and in SMs Range Rover. Agent Cahill replied “I have to refer to the report”. The date of the report is June, 8, 2020. DNA on front passenger door, front driver’s door, and backseat pocket?
” – Is a combined nationwide DNA database including felony offenses. It’s like a big computer/database. Allele/DNA marker discussion.
Lunch until 1:30 PM.
Prosecution with Agent Joseph Cahill/CBI at 1:30 PM.
“Cahill’s experience with DNA
” – Receives reports from lab to see if present and can be used in investigation. Limited experience collecting DNA via swap. Experience with reading records.
Mark Hurlbert/Prosecution: “What does “match” mean?”, Agent Cahill: “A lead. Result of keyboard search”.
DEFENSE EXHIBIT ZZ
– Match in this context? Investigative lead. Could not arrest anyone based on just a match. Limited genetic data and used as lead only. DNA report with general values. No numerical value assigned.
Iris Eytan (IE) re-crosses Agent Joseph Cahill/CBI at 13:51.
Iris Eytan (IE) requests “proof of evidence” today “so Mr. Morphew doesn’t have to continue sitting in jail”.
Judge says not today, has to analyze information, come to right decision, and that he is not a robot.
Recess until 2:30 PM to discuss date/time for next session.
BM looks angry, deflated, head on hand, head on desk, head down. etc.
BMs mother appears to be crying at 2:30 PM.
BM appears to be crying. TN has hand on his back and comforts him.
Court resumes at 2:33 PM.
BM now sitting in between Iris Eytan and Dru Nielsen.
Return on September 17, 2021 at 1:30 PM. File briefs by September 3, 2021. Judge will make decision and the release of the AA will be addressed.
Court in recess at 2:34 PM.