Colorado judge orders release of 2003 grand jury indictment recommending prosecution of JonBenet Ramsey’s parents for child abuse resulting in murder

October 26, 2013

Saturday, October, 26, 2013

Good morning:

I have a short post this morning on the JonBenet Ramsey case.

Even though her parents, John and Patsy Ramsey, were cleared by DNA testing in 2008, a judge yesterday ordered the release of grand jury documents in 2003 establishing that the grand jury that investigated the case before they were cleared wanted to charge them with child abuse resulting in JonBenet’s death and hindering the police investigation.

The documents do not mention the evidence that led the grand jury to make that recommendation. As most of you know, grand jury indictments are based on probable cause, not proof beyond a reasonable doubt.

The prosecuting attorney declined to charge the Ramseys citing lack of evidence to convict them of a crime.

The police have the DNA profile of the male who raped and murdered Jon Benet. Hopefully, that person’s DNA profile eventually will be added to the nationwide database of people arrested for felonies resulting in a match that will finally solve the unsolved crime. Unless that happens, there is little likelihood the crime will be solved.

Leanne Gregg, of NECN/NBC News reports this morning:

John Ramsey earlier this week asked the court to release the entire grand jury record, if the unprosecuted charges would be made public. But the judge ruled to release only the indictment, despite arguments it would further defame Ramsey and his late wife.

Patsy Ramsey died of cancer in 2006.

In fairness to the judge, I believe he declined to grant Mr. Ramsey’s request because the case remains unsolved. No statute of limitations exists in murder cases. Therefore, the investigation will remain “open” until solved. For that reason, the investigation must remain confidential and not subject to public disclosure under the State of Colorado’s public disclosure law.


Unfinished forensics in Trayvon Martin case

August 2, 2013

Friday, August 2, 2013

Good morning to all of our friends:

I write this morning regarding unfinished forensics with Trayvon’s case and to urge Benjamin Crump to consult with someone who is knowledgeable about forensics before he decides whether to sue George Zimmerman for wrongful death.

Piranha Mom’s comment at 12:09 am inspired me to write this post.

If a civil claim is filed against Zimmerman by Trayvon’s family, Professor Fred and all of us must put together the DEFINITIVE narrative, citing each movement with justification and evidence, and supply it to Trayvon’s family and attorneys.

We know what happened.

We have had the forensic evidence at our fingertips — and we know it all by heart. We were open in our analysis.

We DIDN’T expect we had to provide this to the prosecution.

But they were so full of hubris and the big award Bernie was to receive, and paid little attention to evidence. Bernie even thinks Trayvon took part in the battle, not that he was struggling to get away. If the prosecutor has no faith in the victim, or in the chief witness for the prosecution, what could we expect to get?

The verdict we got.

Won’t make THAT mistake again!

Yes, Piranha Mom is right and here are three glaring examples.

Amy Siewart, the crime lab firearms analyst who examined Trayvon’s sweatshirts, apparently never read the autopsy report or conferred with Dr. Bao regarding whether the bullet holes in the sweatshirts aligned with the entry wound in Trayvon’s chest. Evidently, no one at FDLE or any member of the prosecution team thought about that possibility either.

Yet, that was the first thought that occurred to me when I read that first document dump and LLMPapa was all over that issue too. I wrote about it and he made several videos about it. Both of us discussed the implications.

We even argued with the self-described crime scene expert from Jacksonville, Michael Knox, about the proper conclusions to draw from that evidence.

Massive and inexcusable failure of LE and the prosecutor’s office not to see and comprehend the significance of that evidence.

Massive and inexcusable failure by BDLR not to use the State’s DNA expert, Anthony Gorgone, to clear-up the confusion created by the defense regarding whether rain can wash away DNA and whether packaging Trayvon’s sweatshirt in a plastic biohazard bag would degrade all DNA present, such that it could not be detected with STR/PCR.

Siewart also should have been questioned regarding (1) the unusually strong kickback of a KelTec 9 semiautomatic handgun when fired with one hand, and (2) whether the distance between the two spires on the rear gunsight match the distance between the two pinholes on the tip of Zimmerman’s nose that bled so copiously.

I believe those distances match and Siewart could testify that the gun could have caused the injuries to Zimmerman’s nose, if he fired the fatal shot within a few feet of his face while holding the gun with one hand as Zimmerman described.

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Prosecution hammers defense with DNA evidence in eighth day of trial in Zimmerman case

July 3, 2013

Wednesday, July 3, 2013

Good afternoon:

The State hammered the defense with DNA evidence today. FDLE laboratory analyst Anthony Gorgone testified that the defendant’s DNA was not found on Trayvon Martin’s fingernail cuttings or anywhere on Trayvon Martin’s sweatshirt, including the area from the elbows to the cuffs.

Gorgone also testified that Trayvon Martin could not be excluded as a contributor to a bloodstain on the lower portion of right cuff of the defendant’s jacket.

These results are a devastating blow to the defense because they refute the defendant’s story. Given the scenario that the defendant described, his blood and DNA should be all over Trayvon Martin’s fingernails and sleeves.

Judge Nelson recessed the trial until Friday morning at 8:30 am EDT.

The State will be resting its case sometime Friday, possibly before noon.

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DNA And GSR Update On George Zimmerman Case

May 21, 2012

Summary of DNA and GSR Evidence*

A DNA Double-Helix

Image by Keith Ramsey

1. Trayvon Martin’s shirt (ME-8)

Four stains tested positive for blood. Trayvon Martin is the source of two stains. George Zimmerman is the source for another and the fourth stain is a mixed sample containing DNA from both individuals.

2. Trayvon Martin’s hoodie (ME 12)

Two stains test positive for blood. Trayvon is the source of one and no DNA result on the other.

No DNA results foreign to Trayvon Martin are found on both lower sleeves.

Two holes were discovered in the area of the “upper left chest” (one in each item of clothing) that exhibited characteristics consistent with a contact gunshot.

3. My thoughts

Given the lack of George Zimmerman’s DNA on the hoodie, the presence of blood contributed by George Zimmerman on the shirt that he was wearing underneath the hoodie indicates the hoodie was not covering the portion of the shirt where the bloodstain was located. Difficult to draw any additional conclusions without knowing the location of the bloodstains on the shirt (e.g., whether the hoodie was pulled up exposing the shirt or the shirt was extended below the hoodie or how this could have happened)

No DNA results foreign to Trayvon Martin are found on both lower sleeves suggesting that Trayvon was not beating Zimmerman.

The two holes obviously came from the same shot and there is a potential conflict between the location of the wound (1 inch left of the midline and 1/2 inch below the nipple) and the location of the two holes (upper chest area).

There also is a potential conflict created by the medical examiner’s conclusion that the muzzle of the gun was 2 to 4 inches away (an intermediate distance) when the fatal shot was fired compared the firearm’s analyst who concluded that the muzzle of the gun was in contact with the clothing.

Marilyn, who comments at my law blog, suggested Zimmerman was restraining Martin by gripping his clothing with one hand and fired the gun with the other as Martin was attempting to get away. This could explain how the upper part of both items of clothing could have been pulled down as well as a few inches away from Martin’s chest when Zimmerman fired the fatal shot. It also might explain how Zimmerman’s blood might have gotten on the shirt, but not the hoodie.

I think we lack sufficient evidence to draw that conclusion at this point, but it’s certainly possible. Might also explain how the shot went straight in without angling up or down, left or right.

Of course, if it happened this way, the shooting definitely was not in self-defense.

4. George Zimmerman’s shirt (DMS-16) and jacket (DMS-19).

Gunshot Residue (GSR) was found on the jacket in the form of 1 particle of lead found on the upper back portion of the right sleeve.

Twelve bloodstains on the shirt were contributed by George Zimmerman, according to DNA analysis.

Thirteen bloodstains on the jacket contain Zimmerman’s DNA. Trayvon Martin’s DNA is present in four of them (mixed samples) and his DNA was detected in one mixed sample where the other contributor could not be identifies.

5. My thoughts

We do not know the size of any of these bloodstains. but I imagine some are quite small because they probably were deposited by high velocity blood spatter from the gunshot, which resembles a fine spray.

The pattern of blood spatter may establish where the wound was in relation to the jacket when the fatal shot was fired and help to establish the relative positions of the two individuals.

The only conclusion one can draw regarding the presence of GSR is that the object in question was in a shooting environment at some time.

GSR can be wiped or washed off, and one cannot tell how long it has been present, so we probably cannot reliably draw any conclusions from the presence of the single particle of lead on the upper back portion of the right sleeve of his jacket.

*The information in this article comes from the lab reports in the document dump.

1. Lab Report March 26, 2012 (p. 104)

2. Supplementary Lab Report May 9, 2012 (p. 110)

3. Lab Report March 22, 2012 (p. 122)

4. Lab Report March 28, 2012 (p. 124)


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