What was not presented at trial

•  The extensive cover up of Baseline suspect Terry Wayne Smith. Officer Rusty Stuart compiled a nearly 200 page report on TWS that was presented to the Baseline task team numerous times and was constantly told to just go away. This report was also kept secret by the State prosecutors and County Attorney, Andrew Thomas. (Officer Stuart, under protection of an attorney, wrote an extensive letter to the County Attorney due to the retaliation he suffered as a result. )

• The memo published on the Phoenix Law Enforcement Association’s website,to Sheriff Joe Arpaio that talks specifically about Mark being called a NIGGER by members of the Baseline task team.

•  One example of the DNA findings involves a woman who was shot and placed face down in a tub of water for hours before discovered.  The State claims they were able to obtain DNA from saliva from her breasts, yet DNA is water soluable.  In other words, DNA dissolves in water. DNA industry literature does not support that DNA can be obtained in these conditions.

• ·That every single piece of DNA evidence that is tested by Phoenix Police crime lab EXCLUDES Mark. It’s not until dirty dics Alex Femenia and Mike Mieshlish enlist henchwoman DPS DNA analyst Lorraine Heath, after Mark’s arrest, that they get any results where Mark cannot be excluded. The above is one of the examples of Heath’s incredulous DNA findings.

• By the polce and forensic lab’s own reports, it can be proved that DNA evidence was planted. This should have been addressed by Mark’s attorneys immediately upon discovering this, yet they did nothing.

Dog's Vomit

The 2007 trial of which Mark was convicted of raping Alejandra and Lorena Lara, was presided over by Judge Andrew G. Klein.       

Judge Klein recused himself from presiding over any other of Mark’s upcoming trials because Klein felt he could not do so impartially or without prejudice. Klein also made awful remarks about Mark off the record, I am told. Clearly this man needed to recuse himself, and thankfully he had the intelligence to do so. 

However, the appeal for the 2007 conviction recently went right in front of this very same man, judge Klein. The same man who recused himself because he could not make decisions in any further proceedings in Mark’s case without bias and his own personal feelings.

So it was no surprise that Mark’s appeal, whom Klein already admitted he could not deal fairly with, was denied. An appeal that introduced new evidence – the cover up of the extensive investigation of  Terry Wayne Smith by Officer Rusty Stuart.  Regardless that the prosecutors Susanne Cohen, William Clayton, Patty Stevens, and task team dics Alex Femenia, Mike Polombo, Mike Mieslish and others hid this report isn’t relevant for purposes of the appeal.  New evidence is new evidence, regardless of how it was found and cases are overthrown and new trials are ordered when there is new evidence this substantial.  

But like a dog returning to its vomit, Mark’s appeal went right back to the very judge who already admitted that his own personal feelings prevented him from being fair in regards to Mark.   

Scarey thing this thing they call our justice system. Seems more like the good ole boy system. 

As a dog returns to its vomit, so a fool repeats his foolishness. Proverbs 26:11

Arizona - Worst State in Country for Making Mistakes in Death Penalty Cases

From the Northern Arizona Innocent Project

A 2001 report issued by Columbia University Law professor, James Liebman, indicated that Arizona is among the worst states in the country when it comes to making mistakes in death penalty cases (A Broken System: Error Rates in Capital Cases, 1973-1995). An urgent need exists for students and concerned community members to become involved in cases where innocent people have been unjustly incarcerated.  Read more. . .

So the message from the jury is . . .

It’s ok for police to search your small house repeatedly until they “find” something. If the police are that incompetent, why stop after the last search? Why not keep coming back?  Seriously, if they missed “evidence” the first 3 times, if they’re that bad why not keep coming back for more searches?  It’s because they completed their mission by planting the jewelry - the copy of the Walmart ring, void of any DNA – neither Mark’s nor the victim’s. How could Mark’s DNA be there if he never even touched it? As well as the victim. How could her DNA be on a ring that was merely reproduced, never touching her fingers?  

It’s ok for DNA evidence to change from dry to wet after it’s been dried and dry packaged in a paper envelope and entered into evidence as such – as testified to by both the autopsy doctor and the case manager. But when DPS DNA tech, Lorrain Heath gets it, it’s wet, in a baggie and glass tube. The only swabs in this case (Nunez) that a partial DNA profile is found. In other words, it’s ok for the State to switch and plant evidence.  

It’s ok when the suspect is videotaped by surveillance cameras assaulting a victim, getting in and driving her car away, yet the DNA on the ignition switch and steering wheel and the rest of the driving area EXCLUDES Mark. The jury chose to ignore this exonerating evidence.  

It's ok that lead dic Alex Femenia and his crew called Mark the Baseline Killer before any so-called DNA evidence, or evidence of any kind.  That it's ok to target innocent people and then serve them on a silver platter.

Although the jury may not have had the entire picture since Mark’s attorneys didn’t present a defense case –, they made the conscious decisions to ignore straightforward testimony of police misconduct and planting of evidence, and targeting Mark before any shred of so-called evidence.

DNA issues; and there are many

• Let’s begin with the matter of the only DNA expert who obtained Mark “cannot be excluded” results, is Lorrain Heath of DPS. And btw “cannot be excluded” is the same as “cannot be included.”
• Every single result the City of Phoenix crime lab had EXCLUDES Mark as a contributor.  
• The only DNA expert who told jurors one set of swabs was wet, in a baggie in a glass tube, was Lorrain Heath. She supposedly got results from these wet swabs. Heath’s testimony is in complete contradiction of the doctor and a detective who had both testified those swabs were dried and packaged in a paper envelope the way every other swab in this case was. But changes once in the hands of Heath. Not only is there the obvious swicheroo going on here, there is also the issue of mold developing and DNA degrading on wet swabs stored for 5 months in that condition. 
• In 2007 there were 300 in the database, with the Goudeau Y as the only one. Now 2 more UNRELATED males in the 1,200 Y-DNA database whose DNA are IDENTICAL to Mark’s paternal Y-DNA. Can you imagine how many more identical Y-DNA profiles there will be as this database grows? If there are now 3 UNRELATED males with IDENTICAL Y-DNA profiles, how many more in say 1 million?  
• DNA is water soluble which means it will dissolve or wash away in water. Only Lorrain Heath said she obtained Y-DNA results from a victim who was found face down in a bathtub full of water where she had been for hours. Heath would have a better chance of getting hit by lightening in her lab than she would getting any DNA results in this situation. 
• That every single raw DNA sample swab was destroyed/consumed by Lorrain Heath leaving absolutely nothing for Mark’s lab to test.  
• That once Alex Femania and Lorrain Heath found out Chromosomal Labs would do testing on Mark’s case for FREE, Heath destroyed every other remaining swabs, even those they already had results, needed no further testing. Even DNA extracts were destroyed.  
• The only DNA expert at the so-called Baseline task team meetings with Alex Femenia was none other than Lorrain Heath. No other DNA experts were allowed although there were many, many other DNA analysts involved in the research and testing.
• These are only some of the issues with the State’s so-called DNA evidence.

Ofc Rusty Stuart Asks for Protection From PPD

December 2010 letter from Rusty Stuart regarding cover up of evidence in the Baseline investigation by Alex Femenia and other Baseline task team members - http://tinyurl.com/3nookp3

Mark's Recorded Phone and Jail Conversations - Over 1800!

Five years of recorded daily phone calls and recorded jail visit conversations that occurred 3 times a week, all recorded.  Five years worth of recorded conversations.  That would be over 1800 recorded conversations! If Mark were guilty of any of the Baseline crimes, surely he would have said something, sometime incriminating if he had any involvement.  Humans can’t help but talk. It’s how we’re wired.  But Mark, since he did not commit any of these crimes; therefore no knowledge of these crimes, what incriminating thing could he say?  The answer, of course, is nothing!  Which is why not a single conversation was used by the State at trial.  Not one.

Great Fakes and Hoaxes

In the world are people that will believe absolutely anything. No matter how ridiculous, unfounded or impractical the scenario. They're sucked in as it’s promoted by the media, whether it be a news story on the local TV news or Internet, or even bogus emails. These are tales spun by people who are seeking fame and notoriety or who can’t explain a lie or situation they’ve put themselves in so it spins out of control.

Here are some of the top fakes and hoaxes of all time.

Milli Vanilli

Salamander letter

Howard Hughes's Autobiography 

The Egg-Laying Dog of Vienna

Sussex Zebras

Protocols of the Elders of Zion 

Orsen Wells Fake Radio War of the Worlds 

The Loch Ness Monster

World Trade tourist posing for a picture with oncoming plane in the background 

George Bush reads book upside-down (ok maybe this one isn’t a hoax)

Mark Goudeau – Baseline Killer
Phoenix Police screwed this up so badly, someone had to be the scapegoat.

Shape Shifter

Shape shifting is a change in the physical form or shape of a human or animal. Certain Native American cultures have a similar legendary belief called Skin Walkers. That a human can change to animals and back again to human, or sometimes humans changes to other humans.

Maybe this is what dics Alex Femenia, Mike Meislish and Mike Polombo think of Mark. That he is a shape shifter. How else can it be explained that not a single witness has ID’d Mark; that Mark is excluded from most all of the DNA evidence; that he is excluded from every single finger print that has been lifted from the crime scenes?

Perhaps while Mark was lockedup at the 4th Avenue jail, he morphed himself into a bird and flew home to place a ring in his shoe. How else can you explain the ring was missed by police on the 1st search warrant with the directive to search and seize all men’s shoes, only to be found 3 searches later? 

Now it makes sense! Mark transformed himself into different beings so that someone else’s DNA and fingerprints could be left at the crime scenes; the reason that nearly every single witness describes the attacker as someone much younger, shorter and thinner than Mark. 

Or is the better explanation that this really is nothing less than police and prosecutorial misconduct and a complete disregard for the truth?

EXONERATING DNA

Yes, it’s true. DNA evidence that exonerates Mark has been presented at trial – by the State no less. They just choose to ignore it. 

One of the “Baseline” homicides, June 30, 2006, was a poor woman murdered at night while she was vacuuming her car at a carwash not far from our home. The surveillance video shows a man approach and assault her. He then throws her into her own car’s backseat. He gets into the driver seat and drives away with her in the back.

The operative word here is VIDEO. The entire awful episode described above was recorded. The man got into her car, started it up, put it into drive, and drove away.

The State’s DNA witness testified that all DNA in the driving area –steering wheel, ignition, door panel, etc. - of the car EXCLUDES MARK! The DNA from the driving area is from an UNKNOWN MALE. NOT MARK!!!

How is it that Mark stands charged with any of these crimes if he is completely EXCLUDED? Furthermore, any DNA that the States claims they have as evidence are all PARTIAL PROFILES - NEVER a match to Mark. Not to mention, there are many, many pieces of other DNA evidence of which Mark is EXCLUDED.

Every single bit of DNA evidence that the State claines Mark cannot be excluded has been destroyed, or as the State calls it consumed, for testing. Not a single piece of raw DNA evidence for Mark to have analyzed by an independent lab in his defense.

The so-called Baseline crimes investigation is a tangled, bungled mess that will never be solved due to the State’s complete incompetence and far reaching corruption.

DNA Extracts are Garbage

A brief layman’s explanation of obtaining and testing DNA from crime scenes is that items are swabbed with a Q-tip then sent to the lab for screening. If a screener determines there is enough DNA material on the Q-tip then the next step is to extract the DNA. What that means is the DNA is chemically lifted, from the swab and then analyzed. There are more steps after the extraction but no need to go into those here. What’s important are the extractions.

Last week a State witness a DNA forensics expert from the City of Phoenix crime lab testified that DNA extracts are garbage when a juror asked if she needed to do a retest, which is better, the raw untouched sample or DNA that’s already been chemically extracted. Well the raw DNA, of course, was the expert’s response. In fact, if there is more raw DNA available, the extracts are tossed in the garbage. The garbage! Not even preserved for future testing. Because, she testified, you can sometimes get different results.

And that is exactly what the State has given Mark and his defense team – garbage DNA. Every single shred of raw, untouched DNA evidence has been consumed by State DNA analyst, Lorraine Heath. Even when Heath had her results, she went back and consumed DNA swabs. In some instances as the trial neared, even years later DNA was consumed by the State - even though Heath already had results.

Chromosomal Laboratories, who will be testifying at the trial, has only garbage from the State to review. Only extracts. They cannot do their own independent testing from raw samples. The State and Heath made sure of that.

DNA experts question Heath’s work ethic and roll their eyes at statements she had made on the stand. Maybe that’s why Chromosomal Labs reached out to me and offered to work on Mark’s behalf for FREE! They smell the rat.

Lorraine Heath left Arizona for Canada a short time after Mark's arrest. 

Lunch Truck and Prostitute Homicides - Update 8.26.11

Bald Face Lying Prosecutors Susanne Cohen and Patricia Stevens (Gumby and Pokey)

Seriously, it’s no wonder witnesses lie on the stand. Fortunately, those that do lie have all been impeached, always reminded and shown their original, contradicting statements documented in the police reports. But with such unethical prosecutors like Gumby and Pokey, the lying is encouraged, regardless of the known impeachment outcome, and sometimes victims and witnesses are even paid to lie. Just ask Lorena and Alejandra Lara, the two assault victims from the 2007 trial, who received $1,100 a month for an ENTIRE YEAR. A lot of money for a couple of women here illegally, working fast food.

Here’s the latest lies, err, updates from the trial. Gumby (Cohen) makes the bold statement to the judge that Mark knew the two women who were murdered in a lunch truck. She even marched one of Mark’s former managers up to the stand, Dave Diaz, who offered absolutely no connection between Mark and the two women or their lunch truck. Here’s what was brought out during his testimony:

• Mark worked a good 40 miles away from the lower Buckeye homicide, near Lake Pleasant in the far away northwest part of the Valley.
• Mark never purchased food from any lunch truck since he always brought his lunch and drinks from home. (I can confirm packing Mark’s lunch up for him on many occasions.)
• Mark never has spoken or ever seen these women, ever.
• Had Dave Diaz EVER said Mark knew these women it would have been done at an interview with both prosecutors and Mark’s attorneys present. I can tell you for fact, that interview never happened. This is just another instance of Gumby’s absurd lying.
• And here’s a side note, the indictment to get Mark charged stated that a red truck was parked by the lunch wagon the day of the crime. Never mind the small detail that Mark didn’t even own the truck at the time of this crime.

Monday, 8/29, begins with opening arguments on the murder of prostitute, Nicole Gibbons, whose body was found near 24th Street and Oak. Gumby has already started with her grandiose spin of fictional tales stating to the judge that Gibbon’s “co-worker” another prostitute, said the last time she saw Gibbons she was getting into a red truck.

• I just read her “co-worker’s” interview with the police and she says the last time she saw Gibbons, Gibbons was walking down Oak to 32nd Street. No mention whatsoever of getting into a red truck.
• The “co-worker” also stated they serviced Hispanic men only, not Blacks.
• The “co-worker” does describe one incident where they were picked up by two Hispanic men in a beige van who held a gun on them.
• And that Gibbons told her, right before her death, she was beat up by two Hispanic men who drove a truck.
• And again, no interview was ever conducted with this “co-worker.” 
• She never said Gibbons was picked up by someone in a red truck.
• Mark my words, this "co-worker" won't be taking the stand.
• Again, the indictment, of which Mark was charged, gives the impression Gibbons was beat up by two Black men.  False information.

Trial update - 7.5.11

DNA Hocus Pocus - Lorraine Heath

Lorraine Heath, crooked DPS DNA analyst who claims her results often were that Mark could not be excluded (never a match) and who said the chances of the DNA in the Lara case (2007 trial) being anyone else’s other than Mark’s was like 340 trillion, or some ridiculous number. Based on her work and nothing else, Mark was arrested. According to idiot detective Mike Polombo, she informed police the DNA was “an absolute match to Mark.”

The likelihood ratio calculations in Mark’s case are based on two DNA databases, the Y (paternal) and STR (more discriminating individual DNA). At the trial last week Heath was forced to admit that the Y DNA database now includes two other Y male profiles IDENTICAL TO MARK’S. These are UNRELATED males, not from the Goudeau paternal line. One is African American, the other Caucasian.

And there are less than 600 profiles in the Y database -and this database will continue to grow! How many more unrelated males will end up in this database whose profiles match Mark’s. How many unrated male matches are there in this Valley? State? Country? . . who will never end up in the database?

The likelihood ratio calculations are nothing but junk science; hocus pocus crap to confuse the general public who have no idea of all the variables and believe DNA is the magic bullet in identifying suspects.

There are also several (most) DNA results of which Mark is EXCLUDED. But we’ll learn more about that later in trial when she returns.


All and Every Men’s Shoes

Sergeant Mike Polombo took the stand a couple of weeks ago since he was in charge of the searches of our home. I can’t be there and report things first hand, but I am told by others who are there that Polombo was nervous and rambling. He tried to distance himself from the event and facts and even said he was only in the living room, when in fact he had overall responsibility for the search of our home and was likely in every room as he delegated and oversaw assignments.

You may recall that on the FOURTH search of our small home is when they “found” a victim’s ring, completely void of any DNA, in one of Mark’s shoes. On the SECOND search (or FIRST with a warrant) Polombo’s warrant directives were to seize ALL AND EVERY MEN’S SHOES. Oops. Looks like he missed the one men’s shoe out in the open with a baggie of jewelry in it.

If you want to read more about this loser and what little regard Phoenix police officers hold for him, you can at badphoenixcop’s blogspot.  You can use the blogger’s search engine and enter keyword Polombo if you want to read past posts about this creep. There are tons of comments. Warning, the badphoenixcops blogger  and commenters are lewd and much of the language will be offense to many of you.

Here’s another post about Polombo being under investigation.

People Who Lie on the Stand

If you’ve not heard this already, not a single victim has picked Mark out of a photo lineup. Not one person. Most pick out someone else, or say they didn’t get a good look, or simply can no longer remember the face of the suspect.

However, there are some who think it is ok to take an oath not to lie, and then lie on the stand. One guy who was working at a Little Caesar’s during a robbery said he could recognize the robber, although he never told police that. He tried to size up Mark sitting there in court. He said the robber was 6’3” and 250 lbs. Mark is not nearly that tall and about 50 lbs lighter. This guy, who never gave a suspect description to the reporting officer, was impeached on the stand by Mark’s attorney, Randall Craig. It’s just amazing that some schmuck who makes a living working at Little Caesars thinks he’s going to outwit an experienced trial attorney.

Even the jurors asked if these people know that their original statements to police are being used at the trial.

Trial resumes tomorrow.

Blog of Shame

July Wrap Up

Court is out for two weeks and resumes August 1.

Based on some of the highlights from the previous weeks I’ve created the Blog of Shame. Anyone who lies on the stand will be added to the Blog of Shame.

Blog of Shame
Alejandra and Lorena Lara Do It Again
It was bad enough when Lorena Lara, at a hearing in 2007, picked out “the third guy” at the table as her attacker and that “third guy” being one of Mark’s attorney, Cary Lackey. But now at the current trial both Lorena and Alejandra Lara pick out the guy in the “green jacket.” Mark was wearing a tan suit. I guess prosecutor Suzanne Cohen is color blind since she coached these two on the wrong color.

Blog of Shame
Dic Mike and Heather Polombo
The last place dics dorks Mike and Heather Polombo wanted to be was on the stand. They reluctantly answered questions under cross examination about the 2nd search (1st search with a warrant) and the warrant directive to seize all and every men’s shoes. Both Polombo’s had integral parts of this search.

The reason this is important is that two searches and one month later is when they supposedly “found” a victim’s ring in one of Mark’s shoes, out in the open on a small 2 level shoe against a wall. If Polombos where to seize all and every shoe, how would they have missed it? Because it wasn’t there. The ring wasn’t there until Alex Femenia and Mike Mieshlish put it there on the last and 4th search.

You can read more about the two knucklehead Polombos at http://badphoenixcops.blogspot.com/. BadPhoenixCops.com is not affiliated with this blog but is a site where good cops can blog anonymously about bad cops. Just do a keyword search for Polombo.

Blog of Shame
Iselda Hernandez is Not Honest on the Stand
Iselda, a victim from the Ponchos robbery, on the stand, under oath, changes her original statement to the police about not being able to ID the suspect from the robbery. The following is from the police report dated 9/6/06.

ON 9-6-06 AT 2335 HOURS, DETECTIVE ROE AND I ASKED ISELDA IF SHE COULD IDENTIFY THE SUSPECT IN THIS CASE. ISELDA SAID SHE COULD NOT COMPLETELY IDENTIFY HIM BECAUSE SHE HAS NOT SEEN HIM FOR SOME TIME.

Iselda did point to Mark’s picture in a photo lineup after saying most of the others in the lineup were too old (Mark was 42 so how old were the other guys in the photos?) But she said she was not positive and that she really couldn’t remember.

Yet she testified at the trial a couple of weeks ago that she positively ID’d Mark as the suspect. When she’s questioned under cross, Iselda finally confesses she can’t remember. Funny how people’s memories lapse once they’re reminded what they told police originally.

From the police report:
I ASKED ISELDA WHAT MAKES NUMBER FOUR STAND OUT TO HER. SHE SAID THE MUSTACHE AND THE LITTLE GOATEE. . . . . ISELDA SAID SHE WAS NOT SURE IT WAS THE SUSPECT OR NOT. . . . ISELDA COULD NOT PROVIDE ANY FURTHER INFORMATION. THE INTERVIEW ENDED AT 233 9 HOURS.

Not a single victim has identified Mark as their attacker. Victim’s descriptions are typically of a much smaller (5’5”-5’8”; 140-180 lbs) younger, man (17-30). Mark is 6 ft and well over 200 lbs and is in his forties.

Demoted Dic Schoville Takes the Stand 6/29

In an effort to minimize Sue Schoville’s immense screw up in her part of the Baseline investigation, she misstates on the stand that it was her decision to go from detective back to patrol. The truth is Schoville was probably demoted as a result of her unbalanced zeal in investigating and then indicting James Mullins, a Kentucky inmate who falsely confessed to the George Thompason murder after seeing it on a day time TV show. Based on nothing more than his false confession and with interview statements that didn’t add up, Schoville had Mullins indicted and transported to Phoenix, where he sat in jail for nearly a year until someone finally rained Schoville in.

Her ineptness is described by Mullins himself in Phoenix New Times article I Dunnit. "She was very eager," the inmate recalls. "It was like holding a carrot in front of a mule and leading it around. If she would have just looked into what I was saying . . . the shit I was putting out was obviously bullshit."

The article doesn’t discuss Schoville’s demotion, but really Sue, what detective decides to return to patrol? Who voluntarily takes a 50% salary cut? Are you sure this wasn’t a demotion as a result of your egregious work in the Baseline investigation?

Schoville weeped on the stand as she admitted to jurors of her screw ups in the Baseline investigation.
This sloppiness and over eagerness held tight throughout the entire Baseline investigation, even permeating the Phoenix Police Dept, winding up with a rush to charge Mark after bad information from DNA analyst, Lorraine Heath, and absolutely NOTHING that pointed to him as a suspect. Thus leaving detectives Alex Femenia and Mike Mieshlish with having to do damage control a month after Mark’s arrest with no evidence - enter the so-called DNA evidence and a ring after multiple searches of our small home - a ring out in the open, void of any DNA - neither the victim’s nor Mark’s, missed by seasoned detectives time and time again.

Schoville’s screw up with the Baseline investigation was just the beginning of many.

Terry Wayne Smith Cover Up

For those of you who don’t know about the cover up of Baseline Killer suspect, Terry Wayne Smith, here’s the Reader’s Digest version to get you up to speed.

Prior to Mark’s arrest September 6, 2006, Phoenix police officer Rusty Stuart was nearing the completion of a long, intensive investigation of Terry Wayne Smith. Based on TWS’s sociopathic behavior, connection to every single Baseline crime scene, bloody clothing, TWS family members calling TWS the Baseline Killer, and other factors, Rusty is convinced TWS has something to do with the crimes. He compiles his investigation and produces the entire report (nearly 200 pages) to the lead dics on the Baseline task force, Alex Femenia. Rusty makes several attempts to get Femenia to further investigage TWS but is dismissed. At one request, Femenia become very confrontational. Rusty is appalled at lead dic Alex Femenia’s “dereliction of duty.”

In 2008, Rusty, with four other PPD cops and Phoenix Law Enforcement Association members then take the report to the County Attorney’s office and present it to Andrew Thomas’s right hand man, Keith Manning. Manning and Thomas continue to hide the evidence and it is never produced to Mark’s defense team. 

Until that is underground forces surface the report. When Randy Craig, one of Mark’s attorney’s, starts shaking trees and making calls to find this report, Susanne Cohen, County prosecutor, coughs it up. Yes, the prosecutors knew of this report since 2006. The grand jury which indicted Mark never heard of Terry Wayne Smith. Susanne Cohen and Bill Clayton allowed Mark to go to trial while they hid this evidence.

Well now the cat is out of the bag and only because of good cops, Rusty Stuart, and other individuals the TWS report is now in the hands of the defense team. Had covert sources not brought this information to us, prosecutor Cohen, lead dics Alex Femenia, Mike Mieslish, Mike Polombo, Andrew Thomas, mayor Phil Gordon would still have had it under the rug. The TWS report was hidden for years.

When Rusty Stuart took the TWS information to Alex Femenia, Alex said this about Mark “Why would you want to give this NIGGER an alibi?” Rust is also concerned, and rightly so, about evidence being planted. You can read more on PLEA’s site - http://bitsy.me/ty. 

Flash to August 18, 2010: Rusty Stuart, now under protection of an attorney because of retaliation from PPD, has new TWS evidence and composes a letter to interim County Attorney, Richard Romley. You can read Rusty’s letter here – http://bitsy.me/tx. 

Even more shocking, androgynous prosecutors Susanne Cohen and Patty Stevens, filed a motion to try to keep the Smith issue out of trial. (Yes, first they conceal this evidence, then once found out try to prevent it from being used in court.)  Well they lost and it is likely Smith will be on the stand, among other people that support the actual facts.

Exonerating Evidence to Mark Covered Up by PPD and Andrew Thomas

If you’re new to this blog or just missed it, here’s a Dec 2010, 6-page letter from Officer Rusty Stuart via his attorney. The letter is to County Attorney, Rick Romley, asking for protection from Phoenix Police Department. Certain folks at PPD have gone out of their way to harm Stuart due to his investigation of Terry Wayne Smith and repeated attempts to get someone on the Baseline task force to pay attention. Officer Stuart, a PPD veteran, also has new information tying Smith to another Baseline victim.

Stuart's letter to Romley begins “Recently my client has discovered new information regarding Terry Smith that may be exculpatory in nature as it pertains to the case against Mark Goudeau."

Click here to read Stuart's letter.

Suspect Composites

The Baseline composite most of us are familiar with was the one on the billboards across Phoenix in 2006 and months after Mark's arrest.   What most people don’t know is there was another well hidden composite that was used during the 2007 trial.  Here they are side-by-side, remarkably different.  

That is unless you’re Alex Femenia.  If you're Alex, then all "niggers" (his term, not mine) look the same.  We recently came across another composite by Alex "Why Would You Give That Nigger An Alibi" Femenia, and here it is below.   We learned that Femenia put this together based on video of the suspect.  Femenia says it is a mirror image of Mark. 

More powerful, hard hitting evidence by Femenia, case manager of the Baseline task team

Jury of Peers??

Jury selection wrapped up last week and Mark’s attorneys did manage to get two people of color. Not exactly a jury of Mark’s peers, but Mark’s attorneys do feel that this group consists of some intelligent people, unlike the jurors in the 2007 trial.  Mark’s then attorney, Corwin Townsend, used an old defense attorneys’ strategy of choosing less than intelligent people thinking confusion leads to acquittal.  We all saw how that trial turned out.  Better to have smart people who understand the evidence, or lack of, for what it is.


Last week during the jury selection process it was discovered during questioning that one gentleman proved to be well versed in DNA. Needless to say he was quickly striked by the prosecutor Susan Cohen and Patty Stevens. Speaks volumes as the State’s case hinges pretty much entirely on so-called DNA evidence, yet they don’t want any jurors who really understands DNA. They couldn’t get rid of that guy fast enough.

Opening arguments are scheduled for June 6. 10:00 AM.

Officer Rusty Stuart Writes About Terry Wayne Smith Cover Up by Basline Taskforce

Letter from Ofc Rusty Stuart where he writes of his repeated efforts to have Terry Wayne Smith investigated further by the Baseline task force - Alex Femenia, Mike Polombo, Mike Mieslish.  Ofc Stuart also took his nearly 200-page TWS report to the county attorney's office, where it was also swept under the rug. Let's not forget Andrew Thomas is in the process of being disbarred due to abuse of power and corruption while holding that office.   Not to mention Chief Jack Harris forced to turn in his resignation also for abuse of power, corruption and fraud.  Unfortunately these investigations didn't involve the corruption directly related to the Baseline case. 

Task team case manager, Alex Femenia, wouldn't even look at Smith for fear it would give Mark, or as Alex allegedly calls him, "this nigger" an alibi. (The nigger remarks was in a memo to Arpaio that the Phoenx Law Enforcement Association posted on their site.)

Here's the letter from Ofc Stuart.