Two Unrelated Males who’s DNA is IDENTICAL to Mark’s

Yes! It’s true! Read on. 

The Y DNA is the paternal family DNA that is passed on from male to male on the father’s side and is identical to each male.

The State’s so-called DNA “expert”, Lorrain Heath, testified that the Y DNA found at some crime scene evidence is the Goudeau Y DNA. She combined her calculations of the Y with the more discriminating STR DNA to come up with the hyped, inflated, fantastical likelihood ration you’ve seen in the media, giving the general public the illusion that the DNA was entirely unique and that no one else in the world could share the same genetic markers. She said she got a hit on Mark’s Y DNA in the very small Y DNA database in 2006.

Well, now that the Y DNA database, over the years, has increased in size as other men’s Y DNA is added, there are now TWO MORE Y DNA profiles in this database that are IDENTICAL TO THE GOUDEAUS. And these two identical Y profiles are of UNRELATED MALES OF DIFFERENT RACES - one Black, the other White.  Although Heath didn't want to, she was forced to admit on the stand that there are currently two known unrelated males with the same Y DNA as Mark, snapping at Mark's attorney Rod Carter saying "I already told you that when we talked."

There are currently 1,200 Y DNA profiles in this database and as it continues to increase there will likely be more IDENTICAL UNRELATED Y DNA profiles in this database. Can you imagine how many other unrelated males that share the same Y that will never even be in the database?

The more we learn about the DNA in this case, the more we see what crap it is. Did I mention that shortly after Lorrain Heath contacted PPD with misinformation on the DNA resulting in Mark’s arrest, that she left the country?

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

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.

State's Closing

As expected the majority of the State’s closing arguments were hyped with crime scene photos of victims to stir emotions and prejudice the jury. What actual “facts” Patty Stevens tried to use were fabricated, along with only halves of testimony to hide the actual facts which exonerate Mark.  As Channel 15 reported, her closing was finger pointing and name calling. Hype, no real or true facts.

Pete Ochoa 
Steven’s played a video clip of witness Pete Ochoa. Ochoa is the man who lied on the stand in drama queen fashion saying that he will never forget the face of the attacker, saying it was Mark. Steven’s didn’t play, of course, the entire video clip of Ochoa’s testimony where he admitted lying on the stand since he really never saw the face of the attacker. Ochoa told not one but two police officers that the attacker had the hood of his jacket covering his head and not only could he not see his face; he couldn’t even tell the police what race the suspect was. 

Any witness other witness or victim who lied on the stand were effectively impeached by Mark's attorneys. 

Surveillance with white van while / crimes stopped
Stevens argued that the crimes stopped after Mark saw a white van parked in front of our house and realized he was under surveillance. The truth: Not a single office who participated in the surveillance testified that they used a white van, nor parked in front of our house. In fact, the lead surveillance officer testified that the last thing they want to do is let a suspect know they’re under surveillance so they would never be as obvious as Stevens stated. Moreover, he testified he was in a flatbed truck parked down the street and that the surveillance was called off after a few days due to “no suspicious activity.” 

As for the crime’s stopping, that statement is just absurd. As if the police are going to call ongoing Baseline crimes after Mark’s arrest, Baseline crimes. The media, at least most of the reporters such as Michael Keifer of the Arizona Republic, only write what the police tell them. So even if the MO is the same as the Baseline crimes, police aren’t going to say that, nor will the media. Further, there is no way every single crime committed in the Valley since Mark’s arrest over the past 5+ years could be compared to the so-called Baseline crimes. With a backlog of cases in the 1000s Phoenix just does not have the resources to do comparisons of every single crime. As Judge Granville stated, making the statement that the crimes stopped “is a bridge too far.” 

The conversation that never happened
Stevens also said in closing that Mark and I had a phone conversation about him knowing he was under surveillance. Five years of daily recorded conversations, 5 years of regular jail visit recorded conversation, nearly 2000 in all, the State did not produce a single recording, not one. The prosecution never produced a recording of that conversation. Because it never happened. Just more noise from a hissing gas bag.

The DNA 
There are myriads of issues with the State’s so-called DNA evidence. Here are some of those issues as previously blogged: 

• 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. 
• And finally, Heath leaves the country shortly after Mark’s arrest.

These are only some of the issues with the State’s so-called DNA evidence

Closing argument today by Rod Carter and Randy Craig, Mark’s defense team.

 

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

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.

Pings

When your cell phone is turned on and as you move about the city, your cell phone “pings” on the nearest tower. This GPS information is recorded and saved by cell phone carriers for a period of time and will release this information to law enforcement when subpoenaed. Cell phone location records are obtained immediately by law enforcement so that they can place suspects at crime scenes. It’s basic cop 101. 

At will, Baseline detectives Alex Femenia, Mike Meislish, Mike Polombo and others wrote up subpoenas for dozens of people during this investigation. Other suspects, people who talked with Mark on their cell phones, absolutely everybody and anybody they could think of . . . . Except for Mark. 

Well you have to ask, why would they not have Mark’s cell tower pings? The very thing that could place him at the crime scenes? They said they tried, but couldn’t get them. Yeah, right. These dics, who would get cell tower ping records at will, are relying on the general public to be gullible.

Here’s the truth: Somehow, some way, maybe through PPDs good ‘ole buddy networking system or their own forensic software, I can assure you they did in fact acquire Mark’s cell tower pings. They had them and discovered that Mark’s pings did not resonate at a single crime scene. So the records were disposed of, and Femenia and the likes lie and say “we couldn’t get them.” These goons are comfortable hiding exonerating evidence. Look how many years they covered up the Ofc Rusty Stuart’s Terry Wayne Smith investigative report.

Mark was put under surveillance July 14, 2006. Surely at that time, as they did with so many other suspects, would have subpoenaed his cell tower records. Why would they do it in every other situation like this, but not Mark’s? 

It defies logic that they obtained dozens of people’s cell tower records with ease, but were unable to get Mark’s.

The Regime and the Little Guy with White Hair

The climate and culture of law enforcement officials at the time of Mark’s arrest was that of blatant corruption. A handful of men and women who defied and broke the law regularly with complete disregard for the general public. They were so arrogant and immune to their own misdeeds they conducted themselves unlawfully in broad daylight for all to see without a care in the world. So full of themselves and self assured after having lived this way for years, they felt safe and cocooned in their own corrupt world.

I’m speaking specifically about the Phoenix regime at the time of Mark’s; not the entire Phoenix Police Department, but a handful of corrupt cops and leaders: Chief of Police, Jack Harris; County Attorney, Andrew Thomas; and the little guy with white hair Baseline task team case manager, detective Alejandro Femenia, among a few others. 

Chief of Police, Jack Harris is so blatantly corrupt he knowingly provided false kidnapping statistics in order to secure millions of dollars in federal grants. Once it was discovered and made public Harris was immediately demoted from his double dipping job and then forced to resign. (When Harris retired from the Phoenix Police Department in 2007, he was rehired as Public Safety Manager, collecting a state pension on top of a city salary of nearly $200,000 a year.)

In July 2010 mine and Mark’s house was burglarized while I was out for about an hour. Four members of Phoenix police department reached out to inform certain people that the burglary was ordered by Harris, desperate for information in the case against Mark. Anything containing data was stolen – computers and a cell phone. Oh, yeah, and a small container of homemade beaded jewelry. Gold jewelry, a video camera, DVD player among other things, were untouched.

County Attorney Andrew Thomas is now in the throes of being disbarred, charged with abuse of power and corruption. Judge Charles E. Jones writes that Thomas’ ethics violations “are far-reaching and numerous. Evidence thus far adduced portrays a reckless, four-year campaign of corruption and power abuse by respondent as a public official. . .”

In 2008 five members of the Phoenix Police Department and the Phoenix Law Enforcement Association went onsite to Andrew Thomas’ office and hand delivered the extensive nearly 200-page investigative report of Baseline suspect, Terry Wayne Smith. Desperate to have Smith investigated, as previous attempts to get Alex Femenia, Mike Mieshlish, Mike Polombo and other task team officials to investigate Smith had only resulted in them covering up this report as it was exonerating evidence to Mark. Not surprising that Andrew Thomas did the same, and withheld this evidence from Mark’s attorneys. I, along with Mark’s attorneys, learned of the cover up of Smith only covertly be people who knew this information was deliberately being withheld.

Detective Alejandro Femenia, acknowledged by a witness as "the little guy with white hair",  retired from PPD in 2008, then began his new job working full time on Mark’s case (two years after Mark’s arrest!) for none other than his good buddy, Andrew Thomas. Corrupt birds of a feather flock together and this bird not only wasted tax payer’s money working on a case full time that had already gone to trial, but was paid a full salary on top of his PPD retirement. Femenia’s retirement/going away party is fondly remembered by his PPD colleagues as the night of “taking out the trash.”

Read Office Rusty Stuart’s letter to Richard Romley regarding the cover up of Terry Wayne Smith and Femenia’s utter “failure to perform (his) basic duties as a police officer and (his) attempt to hide exculpatory information in the case against Mark Goudeau.”

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.

Ofc Rusty Stuart's Letter on Evidence Hidden in Baseline Investigation

Officer Rusty Stuart, now under protection of an attorney because of retaliation from PPD, has new Terry Wayne Smith evidence and composes a letter to interim County Attorney, Richard Romley.  Rusty goes into detail on how he is told to go away when he brings forward evidence that exonerates Mark and then finally told to put the nearly 200 page report into a format making it virtually irretrievable.  You can read Rusty’s letter here.

Members of Task Team Call Mark a N-R!

Lead investigators in Baseline task team (Alex Femenia et al) call Mark a N-R  when exonerating evidence is provided. See memo from the Phoenix Law Enforcement Association.

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.

Media Hype vs The Facts

Trial is to begin early June. We’ll be relieved to get the true facts into open court. The media has done they’re usual job of sensationalizing and hyping, misrepresenting the facts, and portraying Mark as a monster. For those of you who unfortunately rely on local media to educate yourselves here are some facts you’ll never read there:

By far, the majority of the suspect descriptions by victims is a smallish man, 25 -35 years old. Mark is a large man who wears XXL, big and barrel chested. He was 43 when he was arrested in 2006.   He’s too old, he’s too big, but he is just Black enough.

Mark is excluded from every single crime scene latent print.

Not only is the DNA NEVER a match to Mark’s DNA, in some of the cases it is environmentally impossible for there to be any useable DNA evidence. The State will not be allowed to use the term “match” in court when referring to the DNA.

Many, many, many pieces of DNA evidence EXCLUDES Mark. Not inconclusive findings – he is excluded completely!

Not a single witness has ID’d Mark.  There is this one women who has been coached by the prosecutors all these years later. Judge Granville in open court advised Mark’s attorneys to simply impeach her. BTW – Prosecutor Susanne Cohen called defense attorney, Randy Craig, and told him they have reconsidered their strategy since the woman, in Cohen’s words, is mentally challenged.

The Baseline task team – Alex Femenia, Mike Misliesh, Mike Polombo, Heather Polombo; prosecutors Suzanne Cohen, William Clayton, Patty Stevens; County Attorney’s office Andrew Thomas, Keith Manning, and others concealed a nearly 200 page police report on Terry Wayne Smith since 2006. They didn’t wan to give Mark an alibi and withheld this report when he went to trial in 2007. Mark’s defense team was made aware of the report only after I was approached by a contact close to Phoenix Police Department in 2009.

Mark called a Nigger by members of the task team. I’m told specifically by Alex Femanie. Read the Phoenix Law Enforcement Association’s memo here. It also includes an officer's remark that it would be “no surprise if evidence had been planted.”