Lunch Wagon Homicide and Red Truck

Prosecutors Cohen and Stevens argued that a red pickup was seen near the lunch wagon the day of the homicides. PPD went to great pains to retain tire marks so the tire treads could be tracked back to the killer. Of course, that never happened. This testimony went on for a bit - I’ll spare you the useless details.

The double homicides were committed February 20, 2006, early in the day. Never mind the description of the truck seen is that of a newer, bigger model, than what Mark owned, that it was also seen later in the day - waaaaaay after the two bodies were discovered, not prior to the murders. If it’s not already bad enough, what’s really interesting here, and I’m using the word “interesting” loosely, is that, yes indeed, Mark did own a small red pickup, unlike the one described by a passerby. But Mark did not own the truck at the time of the murders. It was nearly a month after the homicides that Mark purchased a truck.

So was Mark driving the truck he didn’t own or have access to at the time of this crime??? I know that’s a crazy thing to ask, but how ridiculous and insane is it for prosecutors Cohen and Stevens to completely ignore the fact that Mark didn’t even own a red truck at that time? A simple title check is all it took. Not only can the state not prove that Mark owned a truck, Mark’s attorney’s proved he did not! It was not a hard thing to do.

Let me say it again. Prosecutors spent good time at trial going over tire mark forensics and testimony that a red truck was seen at the scene knowing full well that Mark did not own a truck at the time. 

I seriously think Cohen and Stevens are mentally insane. How else can this illogic be explained?? Scary, unstable people whose perception is based on what they think they can just utter in court despite complete lack of evidence, reality, and actual facts. These are dangerous people who will say and do anything to try to secure a conviction, regardless of how wrong and contrary the evidence.

Trial Update 9.9.11

The trial update is there really is no update.  Court was held Wed and 1/2 day Thursday.   Victims and witnesses who can’t ID their attacker. A slew of State DNA  analyst who had excluded Mark’s DNA. 

Yoshi double homicide, the previous week, was done in two days.  Two days! Things move quickly when there isn't a single piece of evidence.

It's as if the State thinks the absence of evidence, is evidence. We’re still wondering how this has come this far. 

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.

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.

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.