The "N" Word

Benny Pina was another Phoenix Police dic that worked on the Baseline task force. Another reminder from someone who “was part of PLEA” (Phoenix Law Enforcement Association) reminds us again of Lt Pina and Sgt Mike Polombo calling my husband the “n” word.   

The following is from the www.badphoenixcops.com blog.

http://www.blogger.com/comment.g?blogID=4364432255934734176&postID=1449208639756047674

"I was part of PLEA years ago when specific allegations were made against Pina and Polombo using the "n" word in a derogatory way toward K. Robinson and Mark Goudeau, along with using derogatory terms about Klima and his religion. Both denied the allegations and the case was closed. Seems Pina has not changed one bit. Lets hope he finally gets held accountable this time. Everyone knows Pina is a piece of shit since he became a LT and CMDR. He was actually decent when he was a Sgt. Polombo is just a bottom feeder and we all will be there karma catches up with him one day. BPC, I know of at least one actual photo of his whore wife Heather giving a BJ to an officer in uniform and it is rumored there is about 3 others. What a prize it would be to get your hands on one of those photos!"

Witness Pete Ochoa Gets Caught Lying On Stand

Pete Ochoa – Ritzz Catering (Report from 2010 trial)

I do not know or understand why people like Pete Ochoa willfully boldface lie on the stand under oath. Pete took the stand this week as a witness in the Tina Washington homicide. He testified that he recognized Mark as the person standing over Tina’s body. That he could tell by Mark’s eyes and the bone structure in his forehead that it was the same man.

Now here’s what Pete really told police. From the police report, and I quote : “Because the suspect had the hood placed over his head, Mr. Ochoa did not see the suspect’s face, so he did not know what race the suspect was.”

And  by a second detective who also interviewed Pete, again from the police report “The hood to the sweatshirt was over the suspect’s head, so Ochoa never saw the suspect’s face.”

What???? Under cross examination and confronted with his own words from the police report, Ochoa admitted on the stand that he did not get a look at the suspect. Pete had told two different detectives he could not see the suspect’s face.

In the police report Ochoa had also described the suspect as 5’7’ 140 lbs. Mark is nowhere near that height or weight.

What is this phenomenon that makes less than ordinary folks lie on the stand? Why do they think they’re going to outwit an experienced trial attorney? Was he raised by bad people? Innately a liar? Just born that way? Whatever his motive to lie, Pete is an idiot and hopefully he learned a very public lesson.

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.

Police Reports and Trial Testimony Prove DNA was Planted!

All the DNA in this investigation is Y DNA. (This is with exception to the Lara 2007 sexual assault trial, but that was a match of 3 out of 13 genetic markers; too low to even make an arrest.) Y DNA can only identify male family lineages, as testified to at trial. Also, as testified at trial, unrelated males share identical Y DNA profile (matches). So Y DNA cannot and does not point to a single person; therefore an arrest cannot be made.

The only case in this investigation that had the individual, discriminating STR DNA was in the Sophie Nunez homicide. Lorraine Heath, DPS DNA technician, testified that the partial STR DNA profile swabbed from Nunez’s breast was consistent to 9 of Mark’s genetic markers.

Here’s where it gets interesting. Two State witnesses testified at trial that ALL swabs in the Nunez case were placed in a drying room, and then dry paper packaged, including the 2 breast swabs. Police reports also state these same facts. 

Yet, when Heath took the stand, she testified that the 2 breast swabs were wet and sealed in a baggie in a glass tube. And these are the swabs that have the partial STR profile that match Mark at 9 loci (genetic markers).

I’ll now ask the obvious: How did these 2 swabs which were entered into evidence dry, change to wet? Packaged completely differently?

Whoever switched these swabs knew nothing about the DNA drying process, but did know that Nunez was submerged in a tub of water, so they planted wet swabs.

Tampered, switched, changed, whatever you want to call it, it is yet another indicative statement how this investigation in its entirety was done – with collusion and intimidation and corruption and racism.

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.

 

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.

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.

An Open Letter to DPS DNA Analyst, Lorraine Heath

There’s a new sheriff in town and it’s not Judge Klein. This is a whole new round with a respected judge that will not be led by the nose by the prosecutors. Judge Granville is by the book and has little patience for prosecutor Ms. Cohen and her antics.

As for your 2007 DNA testimony, there are many more people who now have their eyes and ears to this case. In fact, Chromosomal Labs observed your testimony in the 2007 trial and, as a result, approached Mark’s defense team to provide their lab and services for FREE. Yes, for FREE.

You might ask, what compelled Chromosomal to do this with such an enormous, high profile case? You see, ordinary citizens do not understand the complex nature of the DNA and they accepted your testimony as the gold standard, only because they didn’t understand. But those in the DNA industry roll their eyes at you and your questionable practices. They do not hold you in high regard. In fact, quite the contrary.  And there are some in the DNA industry who will not stand by while you railroad an innocent man simply for monetary gain and status.

Maybe it was your limited DNA experience that made you cocky. Your newness. Or maybe it was just for pure gain, but whatever your motives, there are qualified scientists and experts who know how far out of line you are.

This is a different courtroom, with different attorneys and experts, and the game has changed.

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.

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.

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

Trial To Begin June 6, 2011

The day has come and tomorrow is opening arguments. We are both nervous about trial and going in front of a jury of Mark’s “peers”, yet happy to finally have the opportunity to have the truth come out in a court of law.

Some of the recent developments include:

**Phoenix Police Fallen Regime --The very regime that the Baseline taskforce operated under is falling apart. County Attorney Andrew Thomas has been investigated (not on this case) and will no doubt lose his license to practice law due to corruption and abuse of power. (Thomas withheld the Terry Wayne Smith 160+ page report from Mark’s defense team.) Also double dipping Police Chief Jack “I Am Not Stepping Down” Harris has resigned after a fraud investigation by the Office of Inspector General. I am told Harris was the ringleader of the burglary of our home last summer in a desperate attempt to find any information that would help their case against Mark. Explains why two computers and a cell phone were taken, nothing else. Only items with “data.”

**Detective Dave Barnes, who was one of the detectives on the Baseline Investigation, will be a witness for us, not the State. As a result, not only has Barnes has been harassed by Phoenix police brass and placed on administrative leave, he also finds himself charged in other matters - all a direct result of this case. Judge Granville asked the prosecutors to give Barnes immunity at the trial, but before he could even finish his question, prosecutor Susanne Cohen’s response was “No!”  (Dave Barnes has information on the Terry Wayne Smith cover up, the disappearance of Mark’s cell tower location records, and searches of our home.)

**Not only did Phoenix Police, County Attorney Andrew Thomas, prosecutors, William Clayton, Suzanne Cohen and Patty Stevens, knowingly withhold the 160+ page report on Baseline suspect Terry Wayne Smith, they had the nerve to file a motion to try to prevent that evidence from being used at trial. Prosecutors lost that motion and not only will Rusty Stuart take the stand, the officer who wrote the report and took it numerous times to the Baseline task team, only to be told to go away, but Terry Wayne Smith will be on the stand as well.

**During jury selection any jurors who understood anything about DNA were removed by prosecutors. Speaks volumes that they wouldn’t want anyone to see what crap their so-called DNA evidence is.

These are only some of the things that have taken place. We hope to shed light on it all at trial.

Stay tuned.

Unreasonable Doubt Article, by Shanna Hogan

Shanna was awarded the coveted Arizona Journalism award as a result of her investigative work behind this story on the cover up by Baseline case agent Alex Femenia, and other other law enforcement officials, of suspect TerryWayne Smith.  The judges appreciated that Shanna didn't just print what Phoenix police was telling local media.  Get the facts, not the hype - Unreasonable Doubt 

(http://www.timespublications.com/jun09-feature1.asp)

You can also read a 2010 letter by Officer Rusty Stuart and the retaliation he has endured as a result of his report on Smith and his efforts to have Smith investigated further by the Baseline task team.  You can read it here. (http://bitsy.me/tx)

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.