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Transcript Analysis

Day 8, Aug. 25, 2006

David Roberts

1. Page 12-3 No proof pay stubs were ever in defendant's home.  They were turned in by Joanne long after she moved out.  Should have been an objection foundation here.  Jury left to believe defendant possessed these pay stubs.  Ineffective assistance of counsel.

2. Page 12-14 On and after December 12, 1999 Roberts believe defendant was harassing him so he recused himself.

3. Page 15-17 Roberts personal information is available on the Internet.

4. Page 16-21 How odd.  Usually when a phone tap is done to protect someone they know about it because they asked for it or the police informed them it would be done.

5. Page 17-71 One call is hardly worth the effort to investigate.  Perjury.  Day 8 Page 18-15.

6. Page 17-17 Caller had some knowledge of family history with the LDS Type Church and that his son had just returned from a mission.

7. Page 18-15 Roberts just said there was only one strange call.  Perjury.  Day 8, Page 17-7.

8. Page 25-11 Bullet found shortly after he became a Judge in 1983.

9. Page 26-7 Roberts doesn't recall any other incidents of harassment.

David Garrow

1. Page 31-24 he touched the envelope and pictures without gloves.

Alan Romer

1. Page 36-54 Forshey is not and never was defendant's attorney.

2. Page 36-22 He and Forshey violated a court order prohibiting their presence at 500 West Chandler Boulevard   Jan. 30, 2003.

3. Page 37-4 They went to the house after a meeting and Forshey's law offices.

4. Page 37-20 Brandi never had red hair.

5. Page 40-24 The detective switched the conversation to photos, Joanne looks to Forshey for guidance.  Feb. 3, 2003.  Perjury.  Day 8, Page 117-22, 118-2.

6. Page 43-15 They interviewed Brandi the same day.  February 3, 2003.  Perjury.  Day 8, Page 45-2.

7. Page 44-24 Brandi was interested in what police had to tell her.

8. Page 45-2 Prosecutor says conversation with Brandi took place on February 11, 2003.  Perjury.  Day 8, Page 43-15.

9. Page 45-18 The returned on Feb. 14 2003 to meet Joanne and retrieve some items from the home at 500 West Chandler Boulevard .  Alan Simpson was present along with detective Bailey.  Perjury.  Day 8, Page 66-14, Day 9, Page 126-18.

10. Page 46-19 They took a Polaroid camera typewriter and a blanket.

11. Page 47-14 They ambushed Rhonda Kennedy in a convenience store with children present on June 10, 2003.

12. Page 50-12 Later, on June 10, 2003 they all got together on the 19th floor of the Wells Fargo building.  To go over and it is presented in a box from Joanne's attorney.  In the box was another judge's list.  The original list was seized at ASU.  Where did Joanne's list come from?

13. Page 59-18 Brandi brought up the photos.  The police did not.

14. Page 65-18 Helen Burgoyne either destroyed files or had them destroyed.  Check on that to make sure.  Violation of A. R. S. 12-2297 six-year retention of medical records.

15. Page 66-14 Denies testifying Alan Simpson was present on February 14, 2003.  Perjury.  Day 8, Page 45-18.

16. Page 70-11 Romer sent camera and film to Polaroid.

17. Page 71-4 Romer worked on threats management unit.

18. Page 72-11 Brandi did not give Romer the sleeping bag when he met her on February 11, 2003.  Where did it come from?

19. Page 72-24 Brandi turned over sleeping bag at some unknown date.

20. Page 77-1 This is just strange.  He remembers where Brandi worked, but can't remember who gave him evidence in the course of his job.  Selective amnesia.

21. Page 78-15 Brandi volunteered photo information on February 11, 2003.

22. Page 80-20 Romer says he had been to the house a couple of times.  When asked if he was there on February 13, 2003 he says no.  We get a maybe for any date in February.  He's being evasive, something is going on here.  Where is the court order prohibiting Romer and Bailey from being at 500 West Chandler Boulevard ?  Why is there no entry for this court order in the index of records on appeal?

23. Page 81-8 Joanne was well composed on February 14, 2003.

24. Page 81-14 She was very talkative.

25. Page 84-10 The sleeping bag/blanket is very hard to figure out.  Sleeping bag and blanket have been used interchangeably, I can't tell who's talking about lack.  Suspect a perjury or hidden lie here.

26. Page 88-7 Romer thought the interview was over when Brandi blurts, "I know about the photographs."  Was interview tape recorded?

Joanne Kennedy

1. Page 93-13 Alcohol abuse was short-lived.  Her court records indicate differently.

2. Page 94-20 Joanne has lied to support drug abuse.

3. Page 95-4 She used defendant's dental medical samples.

4. Page 95-13 She has one of felony conviction for endangerment.

5. Page 98-17 Defendant was obsessed about custody trial.

6. Page 99-1 Defendant spent 70 hours a week on trial.  For a dentist who is seeing patients this is not physically possible.  168 hours per week -56 hours for sleep equals 112 hours -56 hours for work equals 56 hours remaining, not 70 hours.  One about other things like trips to Mexico etc.?

7. Page 99-8 At 70 hours per week it was no time for lunch at McDonald's or to spend time making it at home.  Defendant would have to be on IV feedings.

8. Page 102-4 Joanne has more lawyers and Carter has pills.  Why?  Suspect history of litigation.

9. Page 105-13 Rented an apartment December 31 2003.  Perjury.  Day 7, Page 115-5.

10. Page 107-1 Computer labels, meticulously hand typed on a typewriter.  Why is a typewriter that can be traced when you can use a computer that can't be traced and it's easier to use?  Use of typewriter suggests the suspect may not have had a computer and/or does not possess computer skills.

11. Page 107-13 How convenient it happened the day before their anniversary.  Three pictures found.

12. Page 108-7 Joanne showed pictures to Brandi within five minutes of finding them.  I think I would have thought a little longer before doing that.

13. Page 109-16 Joanne immediately showed pictures to a 15-year-old girl?  Pictures found November 29, 1999.

14. Page 111-24 Defendant ordered out of his own house.  Gone six weeks.  Thrown out of own business.

15. Page 112-20 Joanne calls a family meeting with defendant's family after she threw him out of his own house, to show the pictures to them.

16. Page 114-4 Pictures also viewed by Betty Bruckner and Jerry Nikko Hansen.

17. Page 114-24 Joanne consulted with Dr. David Burgoyne, the Alzheimer's patient for advice.  Why do to a psychiatrist when a cop or a lawyer is more appropriate?  She's already consulting with a whole team of lawyers, why not give one a call?

18. Page 115-16 No evidence to support her testimony, she burned evidence in a wood-burning stove.

19. 19.  Page 116-22 Police interviewed her on Jan. 26, 2003.  She thought it was about the judge list.  How did she know about it at that time?

20. Page 117-6 Forshey was present to represent defendant interests.  Yet he was never retained by defendant.

21. Page 117-22 Photos did not come up in first interview.  Perjury.  Day 8, Page 40-24, 118-2.

22. Page 118-2 Detectives showed her photos.  Perjury.  Day 8, Page 40-24, 117-22.

23. Page 118-22 No Polaroids in discussion but they do show her pictures.

24. Page 119-16 Forshey was never defendant's attorney.  No contract.

25. Page 120-23 What does her perspective on life have to do with anything?

26. Page 121-6 She recognizes the bedding that doesn't match the photos.  Perjury.  Day 8, Page 153-6, 130-14.

27. Page 122-13 How can pictures with no background have the same background?

28. Page 122-19 No faces in the pictures she supposedly found.

29. Page 123-21 Hearsay.  Ineffective assistance of counsel.

30. Page 123-24 Hearsay.  Ineffective assistance of counsel.  Why did Brandy, who base the kids every day see the magic marker on them?

31. Page 124-13 So only parents molest their children?

32. Page 126-18 Kellen and Luke interviewed second time in Texas .  Why?

33. Page 128-8 Lies, Kellen is out-of-state because she lost custody of him for being an unfit parent.

34. Page 128-23 Allen Simpson was present February 14, 2003 when evidence was taken, typewriter, camera, blankets.  Perjury.  Day 8, Page 45-18, 66-14, Day 9, Page 126-18.

35. Page 130-14 Blankets were replaced periodically by buying new ones.  The blankets were relatively new so they had to have been replaced recently.

36. Page 130-14 She recognized the blankets in the photos with those she turned over to the police, you upon investigation they are not a match.  Perjury.  Day 8, Page 121-6, 153-6.

37. Page 131-14 She packed her personal items which she was entitled to end as much paperwork and she could which she wasn't entitled to because it didn't belong to her.  She stole documents from the defendant with the intention of seeking revenge upon the defendant.

38. Page 133-14 We have only Joannes good word that this passage wasn't written by her.

39. Page 134-58 It wasn't retrieved and it was obtained it was stolen!

40. Page 142-10 She stole these documents in February 2003 and gave them to police in June 2004.  What did she did to the documents during the five months they were in her custody?  What reason that do we have to take her word she did nothing to them, she has already perjured herself several times and is not to be believed.

41. Page 150-16 Divorce filed February 21, 2003 no further contact with Forshey after filing.  Odd!

42. Page 152-13 Similar in what way?  Similar because they are stickers?

43. Page 153-6 Now the bedding is different.  Perjury.  Day 8, Page 121-6, 130-14.

44. Page 154-18 Background of item 8G is exactly the same.  Same bedding also in items 9B, C, 10A, B, 45A, B, C.

45. Page 160-5 Had lunch with detective Bailey.

46. Page 161-12 Never talk to Brandy about this case.  Perjury.  Day 10, Page 55-19.

47. Page 161-21 Talked to Luke about the case many times.

48. Page 164-8 Didn't abuse alcohol when she was with defendant.

49. Page 167-5 Sober since August 8, 2004.

50. Page 168-12 any psychiatrist is aware of the law requiring them to report suspected child abuse to the police.

51. Page 169-25 Her story is beginning to fall apart here.

52. Page 172-4 Somebody said this but I can't find it.

53. Page 172-24 She thought she had prevented a crime.  Yet the photos were found in the garage next to defendant's tools.  She had no knowledge of what was happening to Roberts until interview in 2003.  Therefore there was no physical connection to associate the photos with Roberts because she couldn't have known what was happening to Roberts at the time.  This suggests that Joanne is the culprit.

54. Page 173-5 She saw defendant was going to use the photos found in the garage next to defendant's tools to frame Judge Roberts and Sterling Threet four years before these people ever became an issue in their lives.  Where's the connection here?

55. Page 174-5 She doesn't believe she told Dr. Berg line about the framing of Roberts and Threet.

56. Page 174-23 She would be the only one.

57. Page 175-7 Very good friends she hasn't seen since the defendant was arrested in 2003.  Why?

58. Page 176-23 And she needed such great levels of protection from defendant why did she continue to live with defendant for four years?

59. Page 179-10 Now that's a deliberately vague question.  Must parents track the growth of their children and know their height at all times.

60. Page 180-7 Do you have any photos taken of kids at swimming pool in 1999?  Compare them to the evidence.

61. Page 181-13 She ate lunch with detective Bailey because she needs protection.  Protection from whom?  Defendant is imprisoned.

62. Page 181-23 Or is it she knew they would never believe her story and wanted a blank slate when he returned to them after trial.

63. Page 184-13 Children in 1999 photos are hers.

64. Page 185-9 She paid money on the house.  Would it come from?  A second job?

65. Page 187-18 Juror is not paying attention, has no idea Joanne lived with defendant four years before going to police.

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