08 January 2010

KingCast watches Daniel Talbot trial continue and connects the dots to other police shootings: No bullet trajectory analyses when it really counts.

Stop me if you've heard this before:

But there is still something fishy in Denmark here: There is a shooting involving the police. Experts are called in and yet there is no real trajectory analysis of crucial bullet holes..... Of course y'all know this story. It happened in the Nashua Michael Paulhus and Franconia Liko Kenny Bruce McKay Gregory Floyd shooting tragedies. In court today with Revere Journal's Seth Daniels I shared the photographs from the Windshield Bullet post in Liko's case where they conclusively show, inter alia, that Gregory Floyd lied and that he was indeed shooting at Liko Kenney's car before Liko's car struck Bruce McKay. And in the Paulhus case the State and/or local LE simply destroyed all relevant evidence, as noted in the Paul Erwin Kish report thumbnailed, supra.

Flash forward to today's testimony in the Daniel Talbot murder trial at Suffolk Superior, we pick up the action with State Lieutenant Stephen Walsh, the Chief Collision Reconstruction Specialist who responded. Turns out there was a bullet hole (at this point of unknown origin to me) in the bumper of a Tahoe with chrome rims on it, and there was a bullet hole or bullet lodged in the tire, which was of course, flat. F-L-A-T. Flat.

He performed X distance/Y angle/Z elevation forensic testing using highly sophisticated equipment "It's very similar to connect the dots.... it's good for two miles." He stated further, partially slitting the State's case neatly in the jugular, perhaps not even realizing it:
“I think I arrived after all of the evidence had been gathered last guy there. We’re often an afterthought and it was that way that day too.”

Attorney Krupp: Anyone show you bullet hole and tire flat together?
Lieutenant Walsh: I was not doing forensic work on this vehicle.
Q: Anyone draw your attention to the tire?
A: I don’t recall.
Q: Anyone asked to show the location of the bullet hole in the tire.
A: Not asked to perform a trajectory analysis.
Q: Were you asked to try?
A: No.
Q: Are there people in the state police who do trajectory analysis?
A: I don’t know.
Q: Were you even shown the rod that was put through the bumper to the tire?
A: I don’t recall being shown any such rod.

Prior to that there was testimony from Officer Talbot's fiancee Constance Bethell, and there was other testimony from a licensed paramedic who stated that others were applying pressure to the head wound above Officer Talbot's right eye. He was not conscious and never regained consciousness. He also testified that during the entire time he was there he never learned the whereabouts of Officer Talbot's gun.

As a former AAG and subsequent Civil Rights lawyer who has won trials and settled Federal litigation with the State I can tell you that's no way to run an investigation. No toxicology tests on the late-night revelers who were breaking the law? No ballistics taken? I can hear Attorney Krupp's Motion for Directed Verdict and/or closing argument now:
"Your Honor/Ladies and gentlemen of the Jury.... there is a concept in Law we lawyers like to call res ipsa loquitur.... all that fancy latin stuff means one thing, and that is that "the situation speaks for itself....." we have shown, through the State's own witnesses, that we cannot trust the integrity of this investigation..... and if we cannot trust the integrity of the investigation, how can you trust, with any degree of certainty --- the State's position on crucial matters that involve my client's liberty?

No one should be imprisoned on a case so thoroughly lacking in evidence, especially when all of the professionals were present, ostensibly in order to help maintain the integrity of process. The fact that such integrity was not maintained points to something more insidious, the possibility of a deliberate coverup. The lack of any toxicology reports certainly points to such a conclusion as well.... It is unfortunate and perhaps tragic that a life-long resident and Police Officer of Revere has lost his life, but the only thing more tragic than that, is sending Robert Iacoviello Jr. -- an innocent man -- off to prison for a crime he did not commit....."


Christopher King said...

As previously noted, I have some concerns about Officer Talbot allegedly being able to draw his weapon after he was shot in the head.

That's some Arnold-style work there, if that's the case because when Liko Kenney was shot in the head -- murdered IMO -- he didn't do anything but die, unfortunately.

Christopher King said...

Read the comments to this post to see about a possible identity theft.

This blog is set for PST, which means when I post this comment it will read 5:18 instead of 8:18 EST.

So who then, is Reverist? It comes back to the Revere Journal but oddly enough the DA Association was in these comments at that exact same time i.e. 5:42 which is really 2:42, prompting me to state the following:

Also, don't be writing in here from the DA's office pretending to be a private citizen, I know the DA's office was reading this comment section about the time the comment was posted. The military times come from outside of Blogger and are set to real time, i.e. 3 hours ahead of what Blogger says.

As I said, I'm smarter than the average bear.

IP Address [Label IP Address]
Country United States
Region Massachusetts
City Roslindale
ISP Massachusetts District Attorneys Association

8th January 2010 17:42:33 Page View www.blogger.com/comment-iframe.g?blogID=1628565951182409274&postID=6157348370869915612&blogspotRpcToken=2027849


8th January 2010 17:42:39 Page View www.blogger.com/comment-iframe.g?blogID=1628565951182409274&postID=6157348370869915612&blogspotRpcToken=1701494

Anonymous said...

very well put mr king your italian bro

Christopher King said...


Funny you should say that, my family has a long history of friendship with Italians!

Peace and best wishes in the New Year.


Anonymous said...

I wish Iacoviello's attorney would ask the jury to consider whether Talbot would have gone to trial had he shot and killed someone that night, or whether it would have been considered self-defense.

In fact, if Talbot was the sober one and the victim had a .16 BAC and was armed, I think it's clear he would not have been charged at all. Whay the double standard just because Talbot was an off-duty officer??

Christopher King said...

Dig it, we will see the plan of attack unfold.

I will be in on Monday again in the afternoon for a bit, and possibly on Tuesday and any other day I have time.

Meanwhile my response to some jar head over at the Herald story.

"NoProblem sure has his panties in a bunch about my posts. First he prints out the local ordinance that proves there could have been further discipline.

Then he accuses me of being disbarred, that's stupid I work in private practice now, how do he think I afford to work at TOUCH for free -- on prior occasion s/he said I was going to get fired from TOUCH, LOL.

Lastly s/he agrees with me that NOBODY KNOWS who pulled the gun first, but he has already said that it doesn't matter, when yes it DOES matter because it goes to self defense, yet s/he wrote:

"Even if the police drew their weapons first, they are in the right, drunk or not."

That's unquestionably the dumbest statement I have read about this whole case. Seriously dude, seriously get a grip.

Sir, Madam, you were busy watching TV while I was busy winning criminal trials.

Have a nice day though."

Christopher King said...

Quick trial updates:

From the comments over at the Boston Herald my response to an angry anonymous LE.

"No excuse in defending criminals such as these gang members."

.....Ummm..... in America, you are assumed innocent until proven guilty. That's why we have what they call... ummm.... what's that word again.... oh, yeah, TRIALS.

Speaking of which, the Union President testified today that he even noticed the flat tire on Officer Soto's pickup, and that his report did not reflect any of the conversation he had with Officer Soto at the scene. It's kind of awkward having the Union President wear dual hats as lead Officer at the scene as well.

Almost an impossible task if you think about it.

Anonymous said...

So what we are thinking is the flat tire thing could be where the bullet that Bobby shot went. Which leaves the other officers that were there fired their guns and accidentally killed Talbot. Now they figure they will blame Bobby. This is why the girlfriend keeps saying she was under the bleachers and knows nothing. They are keeping her out of it. This trial should have really been on Nancy Grace Show or Geraldo Rivera.

Christopher King said...

The thought has certainly crossed my mind.....

I look forward to the ballistics testimony, whichever parts of it that the State plans to introduce.


Anonymous said...

I am a lifetime Revere resident, and I just want to say thank you for all of the insight on this situation.

It would absolutely make sense if perhaps a stray bullet from another intoxicated off-duty gun weilding police officer struck Daniel in the head instead of the Iacovello kid who is on trial.

It saddens me that we will most likely NEVER know the whole truth of the matter. From day one of hearing this story, something seemed to be off, and once the truth comes out about what went down that night, we will all have the reaction of, "Ahh, now it makes sense!"

Thank you for the informative posts and opinions! I love it!

NOT TOUCH 106.1 FM Boston said...

Y'all need to be following this thread I am sharing your comments at the TOUCH FM blog here.

Anonymous said...

Oh my god. that's why the officer took off running. Could he have shot his fellow officer while he was drunk. I thought it was funny that Robert was a sharpshooter. We'll never know the truth which is sad. I wish we had the tape from behind the school that would tell the truth the whole truth and nothing but the truth...........

Christopher King said...

Speaking of videotapes, I wonder why the Daily Item lost in their attempts to obtain it.

It is clearly a public record.

I prevailed in my attempts on a similar matter involving a police shooting.