31 January 2010

Dan Talbot murder trial 1 Feb 2010: Put the guns down!!! ....... Jury's out, can the State's case survive the weakest links?

Note: New KingCast video of Joshua Buxbaum noting that he told Officer Soto to put the guns down. Pacino said it with a bit more force (at 1:08-1:34), but the message should have been clear enough from Mr. Buxbaum, a former LE and current Homeland Security consultant.

The weakest link in any case involving the State is typically the State's own witnesses. As a Defense lawyer, you get one cop admitting the other cop screwed up -- or worse yet lied -- as I did in this video with Officer Johnson (see below), and you're Good-to-Go. In the case of Commonwealth v. Iacoviello we can readily identify two such witnesses who vie for the position of Weakest Link: William Soto and Evan Franklin. Franklin is a known tool who bathes in a vat of French's no questions on that one, allegedly running from the scene (again, as he ran from a two-car accident as a cadet and somehow got reinstated a coupla' years later read the commments) and purportedly not knowing what kind of guns he owns. And boy was he sweating up a storm in the Courtroom. We don't know about Soto's history because the Court ruled it wasn't coming in on prior occasion, but while he was on the Stand he and the Paramedics both recall him putting the gun in Lodie's hand, which doesn't exactly give the State a Major Toe Hold.

Near as I can tell -- And I'm pretty sharp on the uptake -- the Defense has to rely on its hopes that they have dinged-up Soto and Franklin enough to carry a NG Verdict.

You see, the other thug life witnesses are almost tertiary because if the Jury believes the two weakest links then it will likely find the other issues less than compelling, and vote 'G.' But if the Big Dogs go down, the case is irrevocably toasted and Iacoviello and Heang will walk, 'NG.' Either way, the Town has a lot of growing up to do, both the LE and the Yoot. It's really that simple, that's why they call me the Metaphysical Reductionist, trial consultant.

KingCast encourages NH House to table SB154 Bruce McKay Highway; the community still doesn't want it, only Hillsborough sponsors want it.

Seriously, the House already said no, here's the history, and here are the sponsors.
Sponsors:
(P)Lou D'Allesandro (d) Michael Downing (r) Ronald Boisvert (d) Robert Letourneau (r) Patrick Garrity (d) Jean Jeudy (d) Betsi DeVries (d) Jeffrey Goley (d) Connie Soucy (r)

Another hegemonic beat down from Senator Letourneau and his pals, go figure.

Meanwhile back in New Hampshire, KingCast sees Dave Coltin still standing strong on videotape destruction.

UPDATE FOR YOU LANDRIGAN READERS: Read this post comparing Kelly Ayotte to Martha Coakley, two peas lying in a pod.

Here's an unbelievable case (the idiots at Scribd removed my full document scan I have mentioned several times. The well-respected firm of Devine, Millmet even noted that the DA and the Rockingham Police acted inappropriately in destroying a video that would have allowed him to sue for malicious prosecution of a bogus stalking charge by his baby's mamma, he was at her house for his agreed-upon visitation. Here is Mr. Coltin's NH Insider chat board discussion.

I will next update you (maybe today) on the idiot LE who shot each other at a closed credit union in Concord, NH, and who were exonerated in all of their actions by that idiot AG and Senate hopeful Kelly Ayotte, naturally.

30 January 2010

KingCast asks why did the Court refuse production of the Revere video to Daily Item; I won the right to review the Franconia Bruce McKay dash cam.

Note: The KingCast YouTube video is a recorded phone call with DA media Director Jake Wark. He is a pleasure to work with.
Judge rules against Daily Item in Talbot murder tape case
LYNN - A Suffolk Superior Court Judge has ruled against The Daily Item in its attempt to force Suffolk County District Attorney Daniel Conley to release a public surveillance video taken the night that Revere Police Officer Daniel Talbot was shot and...
3.8K - Apr. 2, 2008; scored 618.0

But here's what happened
when I sued for the actual Bruce McKay VHS tape, which will undergo further analysis as noted at the Casey Sherman "Bad Blood: Freedom and Death in the White Mountains" book launch post. What happened was, I won. Just the facts, please.

Regarding the video of the 5/11 dash cam:
"[KingCast] may copy the original video under supervision of custodial police authority."

And the AG's office got dinged for failing to provide protocol regarding homicide investigations:
"The Court has reviewed the cases and affidavits on which the Attorney General's office relied in originally denying the Petitioner access to its protocols for investigation of a homicide and finds that such withholding was not justified."

There is almost always a coverup and no discipline when LE shoot each other, take a look at the crazy case in Concord, NH where a cop shot another cop at a closed credit union, and they didn't even get cited for trespass, nothing. Idiot AG and current U.S. Senate hopeful Kelly Ayotte says "It's All Good!"

And here is an additional concern, this will be interesting because by his comments in this blog and at the Revere blog, some hater-head seems to think that I did something wrong the other day in Court. I did not, so I'll put that hater-head right back in his place. Here's The Deal Mr. Hater-Head, pull up a chair so I can take you back to school:

Boston_Blogger_seeks_Revere_High_School_video_of_police_shooting_tragedy

Cat Gibbons responds to Martha Coakley's Mass Division of Banks in her MCAD Civil Rights complaint.

http://tinyurl.com/yhxpyod

Hey KingCast who cares about your crummy little First Amendment Civil Rights videos, anyway?

I dunno I guess not very many people care after all - in January there were only 30,451 hits on KingCast.net.

29 January 2010

KingCast weekend reminder: Always reach for the sky -- you might grab the Moon or even Mars!

Mars looks like a funky tomato or an eggplant slice with color identity issues. Note to self: Buy a bigger lens, check it out closer. That's what David Bowie would do.

Last shot: Sugar Hill's Mickey deRham took a different approach, lovely.

KingCast and Seth Daniels/Revere Journal share Daniel Talbot's last official act as an Officer of the Law.

Some of you keen readers will recall that I put information in a KingCast YouTube murder trial video that was highly favorable of some things I had heard about Officer Talbot doing in the days before his death.

Well veteran reporter Seth Daniels has shared that information with me and with his authorization I am going to reproduce a story he wrote about him when he charged several individuals of "interfering with any right or privilege by Constitution or laws of the Commonwealth."

I'll post it later today, in fact.
UPDATE: No I won't. There is much more going on and much more that I am reading. I will post something about this issue in the next several days, however.

Okay, here it is.....

The story was in the Oct. 31, 2007 Revere Journal:

By Seth Daniel

One of the last things that fallen officer Dan Talbot did as a police officer – some residents of Lee’s Trailer Park said – was try to protect them from allegedly being harassed by a prospective buyer of the park.

The park has been in limbo for nearly one year as owner Rita O’Brien of New Hampshire has attempted to sell the well-situated park to prospective buyers William Settipane and Vincent Giachetti. However, several tenants of the park who claim legal standing, and have made a counter offer to buy the park, have tied up that sale. The matter is currently in court, and in the mean time allegations have come from both sides about harassment and lies.

Residents who are trying to buy the park and their attorneys have accused the prospective buyers of harassment and violence towards the residents who have remained. Attorneys for the buyers have vehemently denied such claims.
On Tuesday, Sept. 25, former Officer Talbot found himself right in the middle of that battle.

Just four days before Officer Talbot was gunned down behind Revere High School – and one of his last days on duty – he responded to Lee’s Trailer Park for a reported assault and levied a few controversial charges against Settipane and an associate.
According to the police report, Talbot responded and found the victim, John Kehayaglou. Kehayaglou told Talbot that he was an elderly resident of the park and had just been let out of Nashua Street Jail on alleged drug trafficking charges. He had been arrested last summer in a large raid on the park.

He told Talbot that when he arrived at what had been his trailer, Settipane and Keith Rivers, another resident of the park, approached him. Settipane allegedly told Kehayaglou to leave the park, but he refused and began to argue.
Settipane then allegedly told Rivers to “Get out and get him.”

Rivers, 45, allegedly got out of the car and pushed a steel shopping cart into the 63-year-old man. Once on the ground, Rivers allegedly began beating Kehayaglou in the face until Settipane allegedly gave the order to stop.

Talbot wrote in his report that he observed lacerations and cuts to Kehayaglou, but no injuries to Settipane – who claimed to have been assaulted. As Talbot interviewed the victim, Settipane drove by and Talbot ordered him to stop.

The report detailed that Talbot had responded to two other incidents in which Settipane had allegedly harassed residents.
“The officer and Settipane engaged in an argument in regards to two incidents the officer has responded to involving Settipane harassing and assaulting residents of the trailer park,” the report read.

The incident continued as Officer Talbot canvassed the park looking for Rivers. At one point, the report said that Settipane told Talbot that he is just “trying to get rid of the trash in the park.”

Talbot eventually returned to the Police Station and discussed the matter with his supervising officer, Lt. Jeremiah Goodwin, and then decided to file charges against Settipane and Rivers in Chelsea District Court.

They were charged with a joint venture assault and battery on an elderly person, assault and battery with a dangerous weapon (shopping cart) and interfering with any right or privilege by Constitution or laws of the Commonwealth.
“This is the second time officer Talbot has investigated an incident involving Settipane and his friends assaulting and intimidating resident of the trailer park,” the report read. “There is an ongoing civil lawsuit regarding and injunction against the sale of the trailer park brought by the residents of the park.

“William Settipane and Keith Rivers had willfully interfered with [the victim’s] free exercise of his Constitutional rights by using threats and force to injure [the victim],” continued Talbot’s report.

In a matter of days, Talbot had been murdered in a case that still is lacking in answers, but where a local teen is suspected.

The charges against Settipane and Rivers were dismissed last week in Chelsea District Court, according to their attorney, Richard Clayman. It was dismissed because the victim has agreed not to testify and because the only other party, Officer Talbot, had passed away.

27 January 2010

Dan Talbot murder trial 28 Jan. 2010: The Wait of the World -- Closing Arguments and a KingCast gift to Judge Patrick Brady.

WEEKEND UPDATE:
Some of you keen readers will recall that I put information in a
KingCast YouTube murder trial video that was highly favorable of some things I had heard about Officer Talbot doing in the days before his death.

Well veteran reporter Seth Daniels has shared that information with me and with his authorization I am going to reproduce a story he wrote about him when he charged several individuals of "interfering with any right or privilege by Constitution or laws of the Commonwealth."

I'll post it later today, in fact.
UPDATE: Well actually I won't. There is much more to that story, it's marinating. Meanwhile here's the most recent Revere Journal story on the case.

EVENING NEWS: Krupp, always animated, like most Defense/Civil Rights attorneys. Zabin, always steely calm, like most DAs. I could give you the roll call on those present, but suffice it to say that everyone's there. Well almost everyone. Conspicuous by his absence is one Evan Franklin. What was that show... I know... Baaa Baaa Black Sheep, but an ace pilot (or LE) he is not.
NOTE: Gift at bottom (it's a virtual gift, I discussed the picture frame concept with a court Deputy today and realized that even a paperweight given might be considered an impropriety). I also conferenced with Thor from the Daily Item about the matter of blogger/mainstream press in the Court, and I plan to work together with people like him, Judge Brady and other insightful people to craft a reasonable set of Rules for the future. Together, We Can.

Anyway, on to the closing arguments as set forth by Attorneys Krupp, Davis and Zabin, in that order:
Krupp/Iacoviello: Has the Commonwealth explained why, -- the have – if the shot was fired from the high school Daniel Talbot fell forward Not a single witness explained that. Might Evan Franklin, who ran after the incident, hitched a ride with Robert Impemba… and concealed the fact that he was at the high school have had a gun on him that he fired back at the kids hitting Daniel Talbot? I know Evan Franklin denied it, but would he admit it? The physical evidence says that was the positioning of Daniel Talbot’s body after he was hit.

Evan Franklin had a number of guns at his house, but you have to take his word for what those guns were. The police didn’t search his house, they didn’t confiscate or check any of his guns except for his service weapon that was in Soto’s truck….. Lieutenant Condit offered they couldn’t search his house because they didn’t have Probable Cause, but given Franklin’s actions didn’t they have Probable Cause? but there are other ways to search too. Lieutenant Murphy told you… they could have asked Evan Franklin for permission to search his house. Did they ask? Did he deny access. I want to discuss the integrity of the crime scene….. This investigation violated standard procedures in so many ways that it seriously undermines the evidence collected and the inferences you can draw from that evidence…..

Davis/Heang: “There are so many deals being cut and lies being told it’s hard to ferret out where the Truth is….. in order for it to be a gun within the meaning of the statute it has to be work. It was not operable, it was in pieces……Defendant Heang was there watching the master, Michael Picardi, disassemble that weapon. We know about Tommy Papandrea – we know he was involved in the shooting and he bears some responsibility but he was given a pass and you are entitled to consider that.”

Zabin/Commonwealth: “Cynicism is understandable…. Ignore the hyperbole and the appeal to cynicism. Those kinds of unsupported allegations have n place in a murder trial….. Billy Soto should never have removed those guns. But to take from that and to assume there was evidence tampering is an assumption made without any evidentiary foundation….. Tommy Papandrea stood up to every question that was asked of him and explained why he did it…..Defendant was destroying evidence, and asking people to lie for him. Whose DNA is on the gun…. it was Gia Nagy – this man’s girlfriend is the one destroying the murder weapon.”

Whatever the verdict may be, when I spoke with Officer Talbot's mother again (she spoke first with Kind Voice and it almost took me by surprise) -- and various other members of the family as I held the door for them on exit -- I looked them straight in the eye and said "God bless you." They know I meant it and I know they understand that I mean no ill will toward their son. I have lost two clients and a friend to gun violence, and those were the Worst Days of my Life, not to mention everyone else involved. Your only solace is that they went relatively quickly. People please, please learn from this, LE and Youth together and Quash the Violence (yah, lawyers say "Quash," sorry about that but squash is something you saute for omelets).

It was an interesting day on the 650R. Turns out someone close to the case rides the Baby Ninja, a 250. My friend, don't buy a Harley yet, I'll let you ride the 650R and think about what a well-balanced machine it is, it's better all around than a 636, shizzle. This is my friend Pat's bike, a Special Edition look closely at the tank. If you like cornering buy that Harley on the next round :)


THE VIRTUAL GIFT:

Dear Judge Brady:

I hope this note and printed pics find you in Good Spirits. This has been a somewhat arduous trial for everyone involved, and I thought I would take time to thank you for your professionalism and allowing me to share my observations and perspectives on this case as a daily blogger, a groundbreaking activity in this area. I thank you not only for my opportunity, but in advance for all who follow.

As to perspectives, here's one you don't see often from your position:

The Art Deco facade over your right shoulder. I gave you three colors so you can change the pictures in the frame to suit your present mood, this way everybody may be forewarned:

Blue = Bad Hair Day, get your flame suit ready.
Neutral = Proceed with Caution.
Golden = Absolutely Counselor, I'll grant that Motion and Award Attorney Fees!

Kindest regards,
Christopher King, J.D.
PS: For what it's worth Your Honor, regardless of where the Jury comes out, I find this to be the most compelling testimony of the entire trial, coming from a disinterested source who works with LE often and who took contemporaneous notes:

KingCast notes Boston Police Commissioner Davis to issue final decision on Justin "Jungle Monkey" Barrett within 2 weeks.

I telephoned the public relations department during my lunch break from the Dan Talbot/Robert Iacoviello murder trial to discover that a recommendation was issued pursuant to the 19 January 2010 disciplinary hearing for this haterhead tool. A final decision will issue "within a week or two."

Stay tuned, as soon a I know, you will know.

Ten Day response to CORI release info. on Darrell Jones is now due.

Remember this request for information?

It was sent on 12 Jan 2010 and receive by DOC on 13 Jan 2010.
#7009 2250 001 4617 6383 Certified U.S. Snail.

Time to make a few phone calls, even with U.S. Mail delays I should have a response this week. If I don't get a response I'll camp out at Governor Patrick's office until they arrest me, then I can discuss it with Mr. Jones in person I guess. Then we could also discuss the proposed restrictive visitation rules to CMR 103 -- for which they just canceled the public hearing after we went public with the notion that the changes are Unconstitutional. If they keep on with it they will be met with substantial resistance, I can guarantee you that. And I'm not organization name dropping yet, but the ACLU is just one of several who are either actively involved or studying the matter.

PS: Read the terse termination statement in the comments, they were in such a hurry to hide this that they misspelled "canceled" hahaha.... but at least they got the accent aigu correct on "cafe."

26 January 2010

Dan Talbot murder trial 27 Jan. 2010: Wait a minute... How does that Soto casing wind up so precipitously poised on a bottle of Gatorade?

EVENING NEWS:
Not so much going on, really. Just Chief Reardon being grilled by Krupp on why he never wrote a report or took any notes in response to the things that Officer Soto was telling him about the suspects and the events. He also made issue of the fact that the Chief only recently changed his statement about who handed him Officer Talbot's gun. The Chief subsequently told me in the hallway "If they had asked me to write a report back then I would have done so... as I said, it was a hot crime scene at the time."

Prosecutor Zabin then elicited testimony from the Chief that his role as Chief is not to issues such reports but to monitor others, and to make sure that the State Police took over the investigation. That still leaves the issue of the fact that there wasn't much integrity at the crime scene in terms of accessibility. No one knows who entered or left the area and when, and I know Krupp is going to hammer that point in closing arguments tomorrow vis a vis the two 9mm casings that were found in plain view in an area that was arguable subject to prior line search.

Quote of the Day:
"I'm not the appointing authority. It was a different Mayor at the time, and I had to make a recipe but I didn't get to pick my ingredients."

.....In response to my question "How was it that Evan Franklin made it back to the force after he ran from a two-car accident and was expelled as a cadet?" I have it on information that it was because certain people aligned with Franklin and his fleeing cohort Todd Randall (read the comments) were contributors to the Mayor's campaign, so there was a quid pro quo thing going on.

MY SYNOPSIS:
The case hinges on three key things, two specific and one general. Specifically there was credible testimony that a guy in the red sweatshirt -- who left and returned -- fired the first shot. Also I believe the only people to put the gun in Robert Iacoviello's hand were less-than-credible witnesses, one who even asked Krupp on X/E "Are you inferring that I read the paper and made up a story?" Interestingly, when watching that exchange on FOX I believe it was, they cut out the laughter from the Jury and the courtroom observers. Generally the Defense will carry the day with an Not Guilty Verdict if they can show that there were breaches in the standard of investigative care that were material to the investigation. If the Jury doesn't believe it, then the State will get a Guilty Verdict. In the hallway Chief Reardon stated to the Globe's Maria Cramer, "I think the evidence is overwhelming."

I'm sorry, but not to this observer it isn't. It could go either way but to me the Defense has a slight edge, particularly with the testimony from Paramedic Kraft. Vids to follow throughout the balance of the evening, including a most interesting proffer by Michael Racca, who told me in the elevator, "The thing is to me, you've got, what, 6 grown policemen there that night....."

LUNCHTIME SNACK:

That's a picture of Attorney Krupp before the tailgate of William Soto's pickup truck, where DNA was collected showing Soto positive on a Heineken, Franklin on a Miller Light, and Officer Talbot positive on a Snapple, a Bud Light and a Miller Light. Only one still camera in the courtroom is allowed, so I can take screen captures later or just rip them from the camera off the computer, whatever works. Anyway, earlier in testimony Soto said he had no idea how those empty beers got there.

I am somewhat relieved to discover that Michael Racca, life long friend of Derek Lodie, testify that it was Lodie who used the work "nigger" in response to the derogatory comments from the bleachers issued by Officer Talbot. "Fuck you crab-assed niggers" was the actual phrase as stated before the Grand Jury. I'm somewhat relieved because the actions of the officers on that night were bad enough without the added specter of racism.

As for Lodie, I don't know... and it's hard to know because LeAnn Kraft testified that Officer Soto straight up told her that it was the kid who passed through and returned who fired the gun. That kid would be Derek Lodie. Details, pictures and videos throughout the evening. NOTE: Kraft video is damaged on card and will not load to computer. Will have to play it through TV late night or first thing in the morning and capture it from a second camera.

Lastly, there was some interesting testimony on the line searches from Robert Murphy and State Trooper Edwards that indicated the search area extended all the way up to the parking lot, and was thorough.


MORNING MUSINGS:
Look closely. How does that Soto casing possibly land there? I ask the question in this Raw Footage Trial Video. Anybody who has shot a semi-automatic pistol has to look at that and say "whoa......." And the heat would have scored the face of that flimsy Gatorade bottle, shizzle. What a once-in-a-lifetime experience. Or is it more lies, the Same as it ever Was.

Dan Talbot murder trial 26 Jan. 2010: Lord of the Flies; Prosecutor Zabin says he's got it all in the bag.

Look closely. How does that Soto casing possibly land there? I ask the question in this Raw Footage Trial Video. Anybody who has shot a semi-automatic pistol has to look at that and say "whoa......." And the heat would have scored the face of that flimsy Gatorade bottle, shizzle. What a once-in-a-lifetime experience. Or is it more lies, the Same as it ever Was.


EVENING NEWS: The State made up some major ground today as Defendant's Motion for Directed Verdict was denied, along with request to introduce adjutant evidence regarding a prior incident in which Officer Talbot discharged his weapon against a man who had assaulted others with a knife, but who was fleeing, allegedly most likely without the knife and with his back turned at the time Talbot shot. The Court will take a proffer (offer of proof) as to what the man would have testified to in order to preserve the record. The Court ruled that that case was different because Talbot was called to respond as an officer and the Prosecution successfully argued that it would present a 'trial within a trial,' and other witnesses attacked by the man (Bombard or Mombard) would also have to testify, while Krupp argued "Talbot was in plain clothes and didn't identify himself as a police officer, he is running away while shots are fired and the police find 8 cartridge casings where Talbot had been."

The State also won on the issue of Michael Racca's testimony. Racca, inter alia (yes, I said it again LOL), is going to testify to a series of telephone calls coming in from Derek Lodie. Krupp wanted to be able to introduce the statement "some dudes shot at us and we fired back" as an excited utterance or a statement against penal interest to get around the hearsay rule, along with other expected testimony that Lodie told him "If you open your mouth you're gonna be the next one killed." The Lodie statement was not as crucial for the Defense but they definitely wanted the first one, but the Court held that it could have been the product of reflection and thus did not meet the standard necessary for admission under either theory.

The Court has not decided on whether it will offer a Jury Charge on Felony Murder or on Self Defense. Felony Murder is the legal construction that renders someone guilty if someone dies while the Defendant is in the commission of another felony, particularly a violent felony. Note also for those of you new to this case, there is what is called a Doctrine of Transferred Intent, which means that a jury could convict if they believe that Defendant Iacoviello pulled the trigger had the requisite intent to murder a rival gang member - because the police admitted they never identified themselves as police the entire time, for some reason.

Court: "I'm still somewhat in the dark as to how self defense could be in the picture."
Krupp: "The evidence is overwhelming that the incident with the person with the red shirt was precipitated by Daniel Talbot in particular was was drunk and talking gang talk and continued with verbal altercation as he and Soto began advancing towards the individual..... Soto's gun was in a visible position and the guy with the red shirt shot first, so it's self defense for anyone other than the person in the red shirt."

Also Defense witness Martin Schnall fought to a stalemate at best regarding the trajectory analysis, the best move for the Defense is just to note that the State failed to maintain the materials under chain of custody so that they could review it, and Neurologist Jeremy Schmahmann testified that 99% certain that Dan Talbot could not have fired his weapon after he was shot.

In other news Mindy Hull, M.E. testified that Officer Talbot's BAC was .016, 0.16, or twice the legal limit to drive, which is interesting because Margarita's server Stephanie Metcalf testified said she wouldn't have cut anybody off at the table. Talbot was 5'10" 211 so maybe he had decent body mass to absorb alcohol or he slammed several beers immediately after leaving Margarita's -- which doesn't comport with anybody's testimony -- or she just didn't see it in him. There was a bit of laughter as she described what a "Washington Apple" shot was. There were 2 of those interspersed with the 9 Jagermeisters, 1 Captain and coke and a dozen or so beers. Others have testified that Sergeant Evan Franklin was noticeably hammered, more so than anyone else and he even said "I was highly intoxicated."

Now I'll start the video uploads, I expect to load X/E of Defense witnesses on trajectory and the physician, the Medical Examiner on BAC and other issues, and I might load a short clip of Mr. DiPasquale testifying that "The casings are very hot" when ejected from a semi-automatic weapon. Well I know this, because I shoot guns occasionally and what I also know is this: It would take a freak miracle of nature for a spinning, flying casing to perfectly land in the grove of a Gatorade bottle on top of a trash can. Further, if it did land there one would be able to see some heat marks on the bottle, of that I am 99.9% certain.

Don't hold your breath, I have to watch them first to see what's what, then start uploading. First one will probably be up around 7:30.

LUNCH UPDATE: Well folks, yesterday in the Sweating Bullets post I showed you how Defense Attorney Krupp thought he was #1 with a bullet, but today Prosecutor Zabin says he’s got it all in the bag., and Lieutenant Condin noted that Robert Iacoviello’s Indictment was issued only after 34 witnesses testified before the Grand Jury.

The Prosecutor showed the Jury a back hallway at 11 Adams Court with a gun stock, ammo and other potential crime tools including liquid wrench in a child’s play table, a corona pail with a smashed up camera and other burned items, a box of burned clothing including a black and grey hoodie whose ownership is in dispute, and a bag full of tools allegedly used to destroy the currently-remanufactured 9mm Hi-Point. Clearly somebody had something to hide, the question is who?

“That all came from Michael Picardi’s address, right?”
“Yes.”

Krupp attacked the line search by making Lieutenant Condin admit that Sergeant Murphy had informed him about the youth that came around the fence, point being why wasn’t the area near the fence made a priority, how could you have missed these two 9mm casings that were found in plain view, etc. etc.

“Did Murphy relate to you that kids had entered into that area by the fence?”
“I was told that they entered into that area.”

He also made Condit admit that he had no idea when the crime scene was unsecured, nor does he have a list of people who entered the crime scene area. He issued a question about the lack of Gun Shot Residue testing on Officer Soto or Sergeant Franklin, but that item was fairly dismissed by Zabin on Re Direct because both of them had been firing handguns all day.

On Re-Cross, Krupp later grilled him about the fact that no one conducted DNA testing on Officer Talbot’s bullets, 4 of which were non-spec hydra shock .40 cal.
The medical examiner is due up shortly, there will be no pictures of any of that, I have assured the family. I have a policy never to publish such photos. There will be audio, however, and edited video because her narrative is somewhat important to understand the nature of the injury – even though she testified that one still cannot infer position of the shooter.
Someone asked me what this case was all about the other day, and this is what I said. Defense case in chief is expected today, updates at lunch.

25 January 2010

Sooo.... Mr. King, you plan to sell your in-court video and observation services to law firms as a consultant?

Well.....In a word, sure. The legal profession is saddled with more luddites then you can shake a stick at, heck today at Judge Brady's courtroom today one local and quite solid attorney confessed that s/he finally got the hang of email recently -- and the entire legal system is kind of slow, in general, to embrace the merits of new technology. While the Federal Court system initiated electronic filing years ago, it is done in such a way that it's kind of prohibitive to the small firm and sole practitioner. I know this, having scanned hundreds of pages on a case with Scott Lathrop, Esq.

But with today's technology even the small firms can afford to construct a blog and have video presentations. The Big Firms might hire the Big Guns with the mega-dollar cameras, but on a decent day with good lighting my product is of a Good Quality and my background in trial law gives me an edge over most video guys who haven't a clue what the salient issues are at trial, or how to best compose a photograph to highlight a particular exhibit, or when to catch a lawyer or witness at their best or worst moment.

Whatever I end up doing, it's going to be fun, and shouldn't life be fun :)

KingCast: Top-ranking, Been there, done that.
kingjurisdoctor@gmail.com

PS: And I bring the hits, this is with no paid advertising and no marketing campaign or SEO:

Dan Talbot murder trial 25 Jan. 2010: Sweating bullets.



KingCast Public Records Request -- Dear Police Chief Reardon:

Please provide a copy of any and all documents that address the discipline, if any, of Officers Joseph Rizzuti and Antonio DeAllegro relative to any and all police brutality or any physical abuse complaints. Please also provide a copy of any and all documents pertaining to any Federal mandates or supervision to which the Revere Police Department has been subject to since 2000. Documents means emails, notes, memoranda all paper or electronic documents. Please respond within the 10 days allotted by MGL 66 § 10.

EVENING UPDATE: Anticipated videos will be Canavin X/E on hydra shock bullets, trajectory and found casings (3 vids), Re-Direct and 3 vids of Robert Iacoviello's police interview. I have no idea what was going on in that interview, I have to listen to it again. It's pretty vague except It's pretty vague except for that he bailed Gia Nagy out for some petty offense for $40 I believe and the part when he declares that "Cat" ran in to the party and said that "5 kids with gats ran up on a cop and shot him."

The reason for the tree pic is that there was projectile damage to a tree. Not sure where this is going but there was testimony that Defendant Iacoviello shot warning rounds into the air. And of course Krupp might be implying that the shot came from LE (either first or subsequent fire) but that it was off base and struck the tree. His bigger point, however -- and I can guarantee you this -- is that it wasn't thoroughly inspected. And as I stated earlier, a suspect investigation might yield the NG he's looking for. New pics are up, look for vids throughout the evening, should be starting around 7:30 and proceed from day to day as required.
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Soooo..... The action continued hot and heavy this morning as Defense counsel, by and through Peter Krupp, attempted to poke holes in the testimony of Brian J. Canavin. I had previously noted that Mr. Canavin has a strong yet down-to-earth sort of presence. He handles the technical stuff well and he’s pretty convincing in his attempts to put the fatal bullet to the weapon he reassembled.

Krupp is in the process of making five basic contentions, all of which I believe I captured on video for review this evening:

1. Too many pieces parts of unknown spring tensions and other variables tainted the evaluative process.

2. The two 9MM shells that allegedly came from the reassembled gun that were found further away from the bleachers were not located in a timely fashion.

3. The injection molding process of a Hi-Point slide renders certain markings that are unique regardless of the sand-belt finishing that imparts unique specific characteristics.

4. Evidence was destroyed and not inventoried that could have helped establish the approach angle and effective height of the shooter who put the bullet into Officer Soto’s truck tire.

“Did you photograph the tire when it was off the car”
“No.”
“Did you maintain the tire?”
“No.”
“Did you maintain the bumper?”
“No.”

5. Officer Talbot’s weapon had one non-spec hydra shock round in the chamber and 3 others in the magazine. The hydra schock round is on the right.
“Do you inventory or know where they were in the chamber?”
“No.”
Frankly I don't think the State has made its case yet so Krupp thinks he's #1 with a bullet; let's see what the State can accomplish against his witnesses in the waning days of this historic trial. One of the .40 Cal police issue casings allegedly from Officer Soto's gun is precipitously poised on top of a Gatorade bottle, fascinating stuff here.



This was the supplemental loose-leaf material set up this morning concerning my review of another tragic police shooting:
Some tool keeps saying I am anti-cop. As a former LE Attorney I can tell you that is far from true, I still have many LE friends. What is true is that I loathe irresponsible LE and coverups, I'll give him that much. And what good LE doesn't? That sort of activity taints the image of Good LE for crissakes. Off to trial.