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Transcript Analysis
Day 3, Aug. 16th, 2006
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Page 44-12 Stricken juror still present in courtroom. Admonished not to discuss the case with jurors by court. The juror states "he's been doing it for three days." Doing what? Talking or not talking, possible jury tampering. Mistrial. No Hobson's choice.
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Page 45-13 All counts as red are duplicitous. Fatally flawed indictment.
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Page 48-13 Jurors not informed that if they believe the law is unjust they do not have to comply with it. Judge instructs them to follow the law whether they agree with it or not.
Opening Arguments
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Page 60-22 There is no motive of "revenge" or "retribution" in a judge who recused himself in the custody trial.
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Page 61-12 Retribution and revenge did not begin until a year after defendants custody trial was completed.
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Page 62-17 Mr. Beatty states he is colorblind.
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Page 73-13 How noble, Joanne was "supporting" defendant in custody case.
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Page 85-5 Juror does not live in county. Jury tampering. Mistrial. No Hobson's choice.
Stefanie Heckle
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Page 92-20 Heckle receives as evidence, exhibit 10, a piece of paper from Timothy and Tammy Radmacher on Nov. 11, 1999 at 5:58 PM.
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Page 97-1 Heckel states she did not preserve the letter for lab analysis.
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Richard Elmore
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Page 98-21 Elmore states on Oct. 18, 1999 he was called to 123 Centennial Way by Claudia Alvarado to pick up found property consisting of an envelope dropped through the mail slot containing a mobile speed pass receipt and three new Polaroid photos.
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Page 101-17 No statement on the record whether the address on the envelope was typed or if it was handwritten.
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Page 102-15 The above is marked exhibit 8.
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Page 104-16 Elmore states photographs appear to have been fingerprinted due to presence of black powder residue on them.
Barbara Meyerson
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Page 107-25 On Oct. 14, 1999 Meyerson was working for the Name Arizona Type Museum for Youth at 35 North Robson, Mesa , Arizona .
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Page 108-21 Rebecca Cahill reported to Meyerson the discovery of Polaroid photos. No mention of an envelope to contain. Pictures were black and white of male genitalia.
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Page 109-23 Meyerson states she saw only one picture of male genitals. No official shots. On day floor, Aug. 17, 2006 page 17-18 Cahill states photos in exhibit 7 showed the subjects face. Did Meyerson see only one photograph?
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Page 110-22 Meyerson states she can't recognize the photos. No statement by Meyerson as to what the pictures depict or the age of the subjects. Exhibit 7.
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