The Crown v Gerard Baden-Clay, 25th June - Trial Day 10, Week 3

[alioop]

I don't think the prosecution could prove that the self incrimination search was a fresh search that morning. Without being able to do this, the defence would have just said it was a history of the previous searching. The prosecution also have to be fair, if they think something does not incriminate the accused they have to say so. Just like the clarifying of the cut to his hand.
The prosecution represents the Crown and has a duty to be just and fair.

 

[alioop]

Thanks Alioop. So would this be done even before the trial starts?

Mostly yes, but they probably refined that list during the trial.

 

[AAAA]

I'm just GOBSMACKED, I can't believe this !!

I think prosecutor will ram it home in his closing address.

By the way, for anyone who may not have read it...this report has an excellent summary of his opening address....keeping in mind the defence didn't give an opening address....

10th June 2014

http://m.qt.com.au/news/gerard-baden-clay-pleads-not-guilty-murder/2284633/

Thanks for the link Marly, I hadn't read this. I didn't know that TM had deleted all texts and messages after Allison went missing. So her first instinct was to protect him/herself/both? And then when the pressure was put on by the police she changed sides? Why? An affair is not illegal... Seems to me there was a carrot dangled somehow and TM decided to cover her own *advertiser censored*. Hence the security. I just wish the jury was given a bigger picture of the whole sordid life that is GBC. I'm wishing on every star out tonight for a good outcome and that the jury is savvy enough to connect the dots. I also wish that Websleuthers were allowed on the jury!!!!

 

[Amee]

I am sure the phone being put on the charger was mentioned today when they were going through the phone records. Can someone confirm please.

They come up with the list by either the barristers talking on the phone or the solicitors talking. The solicitors probably each put in writing to the other side what they propose to be agreed facts, then narrow those lists down, perhaps by talking on the phone, until they agree.
There would also be discussion about the witnesses and order of witnesses.

2:43pm: Crown prosecutor Todd Fuller QC is now reading a list of the agreed facts in the case to the jury.

Among the agreed facts is that Mr Baden-Clay's mobile telephone was connected to a charging device at 1.48am on April 20, 2012.

Mr Baden-Clay's mobile phone was removed from the charger at 6.18am the following day.

Read more: http://www.brisbanetimes.com.au/que...y-10-week-3-20140625-3aqx5.html#ixzz35eBdlOzx

 

[Howie]

11:28am: Ms Reeves also tested the blood stain found in the boot of Mrs Baden-Clay's Holden Captiva.

She said the DNA profile from the stain matched Mrs Baden-Clay.

Read more: http://www.brisbanetimes.com.au/que...y-10-week-3-20140625-3aqx5.html#ixzz35btjsalq

Forgive me if I have missed discussion about this, but it seems that the defence has NOT cross examined Ms Reeves about the age of the blood found in the Captiva. Does this mean that the defense accepts that the blood was NOT there BEFORE 19/20 April???

 

[Fluffykins]

Hi Fluffykins I believe G has said he looked it up for his mother for The Good Wife.....

I'm not buying it, HD, it's too coincidental by far. Okay, maybe that "fifth amendment" episode was shown around that time, and I'll even allow that the second time he accessed the "self-incrimination" search was probably just the page reloading ... but basically I don't believe a word GBC says. IMO his pants are permanently on fire!

 

[angelalansbury]

Hi all, Haven't had a chance to read all the posts today but was very suprised that it is nearly over. Crown not calling anymore witnesses.
What I found odd today. Did I read that he had one of his kids apply a band aid to the scratches? What a low creep. Think about this- who gets a child to apply a band aid at 6 in the am. I could imagine a 3-4 yo asking to apply a band aid at times when band aids are a novelty, but very much doubt his kids were at that stage anymore and particularly at the hour. I imagine he asked one of them to so as to reinforce the cut whilst shaving story in their head.

The other thing I can't make sense of is the blood in the car. I haven't paid a great deal of attention to it until I just saw a picture on the news. It looked quite a lot. Question is, where is the blood in the house or surrounding the house? This puzzles me.

Another thing- at his age and Bwanas age, who needs to google anything about the 5th amendment or self incrimination. Seriously I know they are dense but that is a new level of thick.

 

[Hillsdon]

I am sure the phone being put on the charger was mentioned today when they were going through the phone records. Can someone confirm please.

They come up with the list by either the barristers talking on the phone or the solicitors talking. The solicitors probably each put in writing to the other side what they propose to be agreed facts, then narrow those lists down, perhaps by talking on the phone, until they agree.
There would also be discussion about the witnesses and order of witnesses.

Unless I am mistaken, the phone being placed on the charger was not mentioned when the prosecution were, what seemed like randomly, going through the phone records.

What we could have done with those records! Pages and pages in date and time order of the activity between all of the main players.

 

[Cattail]

Alioop, how damaging is it to the prosecution's case that they cannot identify the cause of death?

 

[marlywings]

So he took the blunt razor to his parents place to keep using it....while he grew a beard!!

But what was he doing with the razor at the parents house if his house was still a crime scene from which nothing was to be removed??. Hmmm I'll have to check the dates on when police collected it.

 

[Mumma Bear]

While we're on Toni Mchugh - does anyone else think her testimony that she and GBC never discussed what happened to missing Allison highly sus?

In a normal missing person case, in this scenario, wouldn't you think the mistress would be extra concerned, and the guy would be wanting some emotional support?

To me it seems like they were both a bit "I know you know" and they just didn't go there with verbalising it.

 

[Aliwonders]

But what was he doing with the razor at the parents house if his house was still a crime scene from which nothing was to be removed??. Hmmm I'll have to check the dates on when police collected it.

I think it was the next day. They took him to the house to collect it and he brought it out wrapped in gladwrap.

 

[Amee]

Forgive me if I have missed discussion about this, but it seems that the defence has NOT cross examined Ms Reeves about the age of the blood found in the Captiva. Does this mean that the defense accepts that the blood was NOT there BEFORE 19/20 April???

Hi Howie, not sure if this helps.


Day 6
Senior Constable Streeting also tested the Baden-Clays' silver Holden Captiva for traces of blood.



3:35pm: Senior Constable Streeting could not say what "volume" of blood would have caused the stain.

He said it was not possible to determine the age of the blood stain.

"At this point in time it is not possible to date blood," he said.

"There's no way to look at a blood stain and say it's been there for x-amount of time."

Senior Constable Streeting has been excused.


Read more: http://www.brisbanetimes.com.au/que...ay-6-week-2-20140618-3ackc.html#ixzz35eG9fd9z

 

[Amee]

But what was he doing with the razor at the parents house if his house was still a crime scene from which nothing was to be removed??. Hmmm I'll have to check the dates on when police collected it.

11:59am: Senior Constable McLeod was among the three detectives from the Criminal Investigation Branch at Indooroopilly police station, to interview Mr Baden-Clay on the morning his reported his wife missing on April 20, 2012.

The following day, Senior Constable McLeod asked Mr Baden-Clay for the razor with which he claimed to have cut himself shaving.

He said he drove Mr Baden-Clay from his parent's house at Kenmore to his Brookfield home.

"He went inside and came out and handed me the razor. It was wrapped in Glad Wrap," Senior Constable McLeod said.

Read more: http://www.brisbanetimes.com.au/que...y-10-week-3-20140625-3aqx5.html#ixzz35eHA05Fr

 

[AAAA]

While we're on Toni Mchugh - does anyone else think her testimony that she and GBC never discussed what happened to missing Allison highly sus?

In a normal missing person case, in this scenario, wouldn't you think the mistress would be extra concerned, and the guy would be wanting some emotional support?

To me it seems like they were both a bit "I know you know" and they just didn't go there with verbalising it.

I agree! If I was stupid enough to be having an ongoing affair with a man and he was accused/suspected of murdering her and I kept in contact the conversation would be something like this.... "Are you ok? what happened?. I don't know, she just went for a walk. What happened to your face? I cut myself shaving. Have you got anything to do with this? Of course not! Well then why are you All scratched up and why do I have to lie low and meet you in deserted buildings and use fake emails?????? GET AWAY FROM ME! I have kids and a life and don't want ANY further connection to you!!!!!

 

[Trooper]

11:59am: Senior Constable McLeod was among the three detectives from the Criminal Investigation Branch at Indooroopilly police station, to interview Mr Baden-Clay on the morning his reported his wife missing on April 20, 2012.

The following day, Senior Constable McLeod asked Mr Baden-Clay for the razor with which he claimed to have cut himself shaving.

He said he drove Mr Baden-Clay from his parent's house at Kenmore to his Brookfield home.

"He went inside and came out and handed me the razor. It was wrapped in Glad Wrap," Senior Constable McLeod said.

Read more: http://www.brisbanetimes.com.au/que...y-10-week-3-20140625-3aqx5.html#ixzz35eHA05Fr

of course he wrapped it in Gladwrap.... I'm surprised he didn't find a nice sturdy tin box for it, or set it in jelly.. his story DEPENDED on it.. a normal bloke would hurl it in the trashbin.

 

[LadyBird1]

Hi all, Haven't had a chance to read all the posts today but was very suprised that it is nearly over. Crown not calling anymore witnesses.
What I found odd today. Did I read that he had one of his kids apply a band aid to the scratches? What a low creep. Think about this- who gets a child to apply a band aid at 6 in the am. I could imagine a 3-4 yo asking to apply a band aid at times when band aids are a novelty, but very much doubt his kids were at that stage anymore and particularly at the hour. I imagine he asked one of them to so as to reinforce the cut whilst shaving story in their head.

The other thing I can't make sense of is the blood in the car. I haven't paid a great deal of attention to it until I just saw a picture on the news. It looked quite a lot. Question is, where is the blood in the house or surrounding the house? This puzzles me.

Another thing- at his age and Bwanas age, who needs to google anything about the 5th amendment or self incrimination. Seriously I know they are dense but that is a new level of thick.

I'm not allowed to say incriminating type stuff here ... But ...
But the band-aid stuff to which you refer:
Sort of ...... gave me the Sookey Nana type creeps ....
Geeze Did this high flyer fancy pants bloke need an innocent baby child to fix his itsy bitsy superficial facial bleeding fingernail gouge or razor marks?

 

[Freya1977]

But what was he doing with the razor at the parents house if his house was still a crime scene from which nothing was to be removed??. Hmmm I'll have to check the dates on when police collected it.

I thought he was escorted back to the Brookfield house to collect it?

ETA: oops I see it was already posted. Knew I read it somewhere!

Sent from my GT-N5110 using Tapatalk

 

[angelalansbury]

Seriously asking your 8 yo to help you put a band aid on your 'razor cut' is beyond the pale.

 

[possumheart]

Another thing- at his age and Bwanas age, who needs to google anything about the 5th amendment or self incrimination. Seriously I know they are dense but that is a new level of thick.

Thank you, angelala ... I have thought myself arrogant and patronising that I was bewildered that they needed to have that explained to them with the use of google. Glad to hear That I am in good company and my thought was not so unkind after.