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.

 

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.

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.

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.