Posted on 07/11/2002 6:47:45 AM PDT by FresnoDA
I find it astounding that you think that dog-handler guy's testimony was at all credible.
Well, since the FIRECRACKERS won't help, I will ask you. Where are these UNSEALED affidavits? I have been to SDChannel.com.
Yep. Maybe plant the theory in a shoe-box next to Goldy the goldfish and Earl the dead cat.
(sorry I didn't reply earlier. It was time to go to the tavern for a couple of games of chess & collect on a bet)
Not at all. And I also notice that with the courtroom dark for the next week or so, news would have been slow. How nice for the media?
I'm not sure of what distinction you are suggesting. I didn't mean to split hairs, over definitions.
I said he had an alcohol problem. A DUI six years ago, I girlfriend leaving him earlier this year, and a statement to police he didn't remember driving home.
You are free to call that alcoholism, or alcohol abuse. I call it a situation where a blackout could be plausible, very plausible.
Obviously I don't know it to be a fact; just reasoned speculation about what could be part of the crime.
In spite of all the noise about the VDs I haven't heard about their DUIs, drug busts, etc. I know how much that disappoints our regular readers.
But you'd sure think it would come out, what with Rick Roberts and all the well informed San Diego PD folks leaking.
For blackouts: I don't know the extent of your knowledge, but I would expect you have read of cases where people do remarkably normal tasks, in a full blackout.
Is this what yall are basing your 'blackout' hypothesis on!? I;ve been wondering where this theory came from.
Maybe he didn't remember anything about driving home that night because nothing memorable happened? I don't remember any details of my drive home, from the time I got on the interstate til when I got off. And that was just today, not 3 days ago, lol. OMG!!! I was in a blackout. ROFL!
At the 1994 annual awards dinner given for Forensic Science, AAFS President Dr Don Harper Mills astounded his audience with the legal complications of a bizarre death. Here is the story.
On March 23, 1994 the medical examiner viewed the body of Ronald Opus and concluded that he died from a shotgun wound to the head. Mr. Opus had jumped from the top of a ten-story building intending to commit suicide.
He left a note to the effect indicating his despondency. As he fell past the ninth floor his life was interrupted by a shotgun blast passing through a window, which killed him instantly. In the room on the ninth floor, where the shotgun blast emanated, was occupied by an elderly man and his wife. They were arguing vigorously And he was threatening her with a shotgun. The man was so upset that when he pulled the trigger he completely missed his wife and the pellets went through the window striking Mr. Opus. When one intends to kill subject "A" but kills subject "B" in the attempt, one is guilty of the murder of subject "B."
When confronted with the murder charge the old man and his wife were both adamant and both said that they thought the shotgun was unloaded. The old man said it was a long-standing habit to threaten his wife with the unloaded shotgun. He had no intention of murdering her. Therefore the killing of Mr. Opus appeared to be an accident; that is, if the gun had been accidentally loaded.
The continuing investigation turned up a witness who saw the old couple's son loading the shotgun about six weeks prior to the fatal accident. It transpired that the old lady had cut off her son's financial support and the son, knowing the propensity of his father to use the shotgun threateningly, loaded the gun with the expectation that his father would shoot his mother. Since the loader of the gun was aware of this, he is guilty of the murder even though he didn't actually pull the trigger. The case now becomes one of murder on the part of the son for the death of Ronald Opus.
Now comes the exquisite twist. Further investigation revealed that the son was, in fact, Ronald Opus. He had become increasingly despondent over the failure of his attempt to engineer his mother's murder. This led him to jump off the ten story building on March 23rd, only to be killed by a shotgun blast passing through the ninth story window. The son had actually murdered himself so the medical examiner closed the case as a suicide. (A true story from Associated Press, Reported by Kurt Westervelt)
(1)It is nice to know we have someone with legal experience.
(2) I won't argue with you on this, because I am guessing based on what I had heard. I thought I did find the actual motion, but it doesn't have details on exactly how it was to be used.
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