comeonkatie

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It is a good read...You can skip right to Mackey cross ex..She stumbles many times with Kates name..The judge seems to be kind of an ass.





http://www.thesmokinggun.com/doc_o_day/doc_o_day.html

KenInNJ

Yeah, Judge Garnett showed some subtle humor from the released portion of the Preliminary Hearing transcripts. It's a long, long read. Fell asleep last night reading them . ZZZZZZ Okay, here is the cliff notes version from the nearly 200 pages for the two-day October Kobe Preliminary Hearing. Three DAs Hurlbert, Crittenden, Bakke vs. Mackey and Haddon before Judge Gannett. The Prosecution presented lots of fuzzy wuzzy testimony at the PH. Obvious detective testifying is rookie and didn’t know much about female genitalia, sexual assault nurse examiner’s kit, speculum exam, differences between blue dyed pictures against vaginal redness and magnified photographed distortions.

Day 1-10/9/03 (113 transcript pages condensed) Prosecution Crittenden started off with Eagle Detective Winters saying he attended a 2-week school with 4 ½ yr on-the-job experience. He went to K.F’s home next day interviewing mom Mrs. Faber and alleged victim Kate for ½ hour. He told her lying about sexual assault is a serious illegal offense and collected her clothing, a bra, panty and black outfit. Crittenden led Winters through his investigation to the hospital and nursing exam about People’s exhibit #1 on the 1-2 centimeter facial bruise (half a penny size) and People’s #2 and #3 on obscured vaginal photos taken at the hospital by nurses (Winters identified but unable to explain.) Judge Garnett allowed hearsay and double hearsay. Defense Mackey in cross-exam got Detective Winters admitting no cuts, tears and laceration when Kate examined and photographed the next day at the hospital by the nurses (pg 102. )<---Click Here No trauma observed, no abrasion and bruises to the vagina. Same for clitoris, hymen, rectum, anal opening. only a little redness to the cervix, no open wounds. Some minor pinpoint lacerations and two unspecified 1-centimeter lacerations, requiring no medication attention (pain medication, topical ointment or stitching.) Mackey asserted this is consistent with a person having sex three different days with three different men. DA Bakke objected, Judge Gannett got cranky, tired and recessed.

Day 2-10/10/03 (60 transcript pages condensed) Hospital collected Kate’s yellow panties with another man’s semen, sperm and Caucasian public hair the next day. Winters asked two identified Kate’s male friends for semen samples but one refused and the other not confirmed yet. Nurses also swabbed sperm and semen and remained untested. The faint blood stain not visible to Detective’s eye on the inside of his lower T-shirt was later confirmed by Colorado Bureau of Investigation as blood. Accuser said she washed face in bathroom before leaving. Mackey in cross-exam got Winters to admit neither Detectives Winters and Loya inspected bathroom for trace evidence such as fingerprints, mascara, makeup, towels, nor sample of carpet for blood. No blood observed in the hotel room (page 16.)<---Just Click Here Mackey got Winters to admit to Kate’s two versions of how she plans to meet Kobe, one because of car problem starting work 4 hours late and making up for the hours, the other because Kate wanted to assigning Kobe’s room number herself from about 56 rooms, of which only 4 that night had been occupied. She assigns Kobe to room 35 farthest from the lobby desk and isolates Kobe’s security guards to 18, Kobe’s trainer to 20 at the other end of the floor and furthest away (page 29, <---Just Click Here none of the media attending reported about this in the news or talk shows.) Judge Garnett said he got the point, not dense but not goes to probable cause for trial. Kate gives Kobe a tour, flirts with Kobe, enjoys chitchat and small compliments about her looks, outfit and freely accepts Kobe invitation into his room. Winters said he collected Kate’s clothing as evidence the next day agreeing contained no rips, tears or damaged. Kobe had asked Kate to join him in the Jacuzzi; she said “no” because she knew it was out in the public and preferring to stay in room 35 instead. Nurse examined Kobe for sexual assault marks and found not one mark from head to toe similar to Kate, indicating no struggle (page 41 .) <---Just Click HereThere were three exit doors to Kobe’s room. They both French kissed for 5 minutes, she wrapping her arms around him. He groped her. The room directly above was assigned and occupied. When Kate left 35, she met the night auditor, tells her she was excited in meeting Kobe, that the auditor can go home and that she will close out the cash sheet that night. The night auditor said in a letter Kate “did not look nor sound as if there were any problem” (page 51.) <---Just Click Here The closing arguments said the DA’s presented a very thin case based on hearsay. There is no reliable non-hearsay evidence without testimony from Nurse examiner, Colorado forensics bureau and the results of the blood tests. DA Crittenden said they have other detective testimonies, photos and observations not presented at the PH. He said Kobe held her, bent her over, penetrated her from behind and she cried. The DA said Kate said "no;" there is photo bruise evidence on Kate’s jaw line examined by the SANE nurse and the blood preserved by the officer, and that these be taken in the most favorable light to the People as to probable cause determination.