Perfect Murder, Perfect Town

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Perfect Murder, Perfect Town Page 73

by Lawrence Schiller

Michaud, David

  Millard, Brad

  Miller, Peg

  Miller, Phil

  Miller, Robert

  Mills, David

  Minard, Michael

  Monteleone, James

  Montgomery, Lael

  Monych, Perry

  Morgan, Grady “Bryan,”

  Morlock, Grace

  Morris, Michael

  Morrissey, Mitch

  Morrow, Mike

  Mullins, Joe

  Mullis, Kary

  Nagel, Bill

  Neef, Tracy

  Nelson-Schneider, Dee Dee

  Nichols, Terry

  Nicholson, Kieran

  Norris, Donna

  Norton, Gale

  Novack, Patty

  O’Keeffe, Mike

  Opell, Brent

  Osteen, Dodie

  Palmer, Polly

  Pankratz, Howard

  Parker, Kevin

  Patterson, Fred

  Paugh, Don

  Paugh, Nedra

  Paugh, Pam

  Paugh, Polly

  Peck, Pat

  Pepin, Robert

  Perkins, Jason

  Perry, Greg

  Peters, Jim

  Petersen, Jana

  Petrocelli, Daniel

  Pettipiece, Jay

  Phelan, Mike

  Phillips, Judith

  Phillips, Lindsey

  Phillips, Robert

  Pickering, John

  Pierce, Martin

  Pitt, Steve

  Please, James

  Polson, Tammy

  Polzin, Ken

  Poppen, Julie

  Porfido, Meg

  Pozner, Larry

  Prentup, Steve

  Preston, Ann

  Pringle, Cpt.

  Propst, Jay

  Pudim, Rob

  Raburn, Caroline

  Raburn, Kevin

  Ramsey, Beth (step-sister, deceased)

  Ramsey, Burke (brother)

  Ramsey, James (grandfather)

  Ramsey, Jeff (uncle)

  Ramsey, John Andrew (father)

  Ramsey, John Andrew 2nd (step-brother)

  Ramsey, JonBenét

  Ramsey, Mary Jane Bennett (grandmother)

  Ramsey, Melinda (step-sister)

  Ramsey, Patricia “Patsy” (mother)

  Ready, Mike

  Redford, Shauna Jeannnn

  Reichenbach, Paul

  Reno, Janet

  Resnikoff, Loretta

  Ressler, Robert

  Rhodes, Dave

  Rianoshek, Richard

  Richardson, Marcia

  Richart, Susan

  Richtel, Murray

  Rile, Howard

  Ripmaster, Joel

  Ritter, Bill

  Rivera, Geraldo

  Roberts, Joann

  Robinson, Marilyn

  Rodriguez, Christopher

  Romer, Roy

  Rose, Shelley

  Rosen, Mike

  Rothwax, Harold J.

  Russ, Allison

  Russell, Charlie

  Ryckman, Lisa

  Rysavy, Jirka

  Sachs, Richard

  Sahagun, Louis

  Sandstead, Morris

  Sandy, Lloyd

  Savage, Suzanne

  Sawyer, Brett

  Sawyer, Diane

  Schanfield, Moses

  Scheck, Barry

  Schild, Peter

  Schoettler, Gail

  Schuler, Dan

  Schulte, Paula

  Scott, Brian

  Scott, Rex

  Sears, Todd

  Sebastian, Matt

  Secrist, Ron

  Shapiro, Jeff

  Shoeny, Allison

  Shomaker, Cpt.

  Silverman, Craig

  Simons, Randy

  Simpson, Nicole

  Simpson, O. J.

  Singular, Stephen

  Sirotnak, Andrew

  Smartt, Annie

  Smartt, Bob

  Smiles, Harry

  Smika, Thayne

  Smit, Lou

  Smith, James

  Smith, Kerri S.

  Smith, Lawrence Shawn

  Smith, Susan

  Solano, Henry

  Spitz, Werner

  Spurlock, Nicole

  Stack, John

  Stanley, Chris

  Stanton, Melody

  Stavely, John

  Stevens, Don

  Stewart, Kim

  Stine, Doug

  Stine, Glen

  Stine, Susan

  Stobie, Jane

  Stout, Chuck

  Sutton, Leonard

  Talkington, Tim

  Thomas, Dave

  Thomas, Karena Jesaitis

  Thomas, Robert, Jr.

  Thomas, Steve

  Thompson, James (aka J. T. Colfax)

  Tigar, Michael

  Torke, Dave

  Towle, Patricia

  Tracey, Michael

  Trujillo, Tom

  Ubowski, Chet

  Vallad, Tracey

  Van Fossen, Theresa

  Vann, Patrick and Mary

  Vargas, Elizabeth

  Vasquez, Nathan

  Veitch, Karl

  Vernon, Mary Ellen

  Verrengia, Joseph

  Wagner, Laurie

  Walker family

  Walker, Ron

  Walker, Roxy

  Walters, Barbara

  Webb, Jonathan N.

  Weber, Melissa

  Wecht, Cyril

  Wegman-French, Morton

  Weinheimer, Carey

  Weiss, Barry

  Weiss, Kristen

  Wells, Sid

  Wesson, Marianne

  Westmoreland, Rod

  White, Daphne

  White, Fleet

  White, Fleet, Jr.

  White, Priscilla

  Whiteside, Carl

  Whitson, Bob

  Wickman, Tom

  Wilcox, Linda

  Williams, Brian

  Williams, Dave

  Wilson, Mark

  Wise, Bill

  Wise, Diane

  Wolf, Chris

  Wolf, Denise

  Womack, Burt

  Woodall, Iris

  Woodbury, Dick

  Woodward, Paula

  Wright, David

  Wright, Ronald

  Wyton, Pat

  Yamaguchi, Kerry

  Yoshihara-Daly, Jo-Lynn

  Zales, Joan

  Zaret, Elliot

  Ziemer, Eugene

  Zimmer, Rachelle

  About the Author

  LAWRENCE SCHILLER was born in Brooklyn, New York, and grew up in Southern California. He published his first of nine books in 1966 while working as a photojournalist for Life and The Saturday Evening Post. His television films have won seven Emmys. He has collaborated with Norman Mailer on several books, including The Executioner’s Song and Oswald’s Tale. Recently, he has written for The New Yorker and George. His last book, American Tragedy, was a New York Times bestseller. He lives in Los Angeles.

  CHARLES BRENNAN assisted Mr. Schiller in research and interviews. He grew up in Swarthmore, Pennsylvania, and works for The Rocky Mountain News as its legal Writer. He lives in Boulder.

  Visit www.AuthorTracker.com for exclusive information on your favorite HarperCollins author.

  Copyright

  Excerpt and quotation permissions appear on Permissions section and constitute a continuation of this copyright page.

  PERFECT MURDER PERFECT TOWN. Copyright © 1999 KLS Communications, Inc. All rights reserved under International and Pan-American Copyright Conventions. By payment of the required fees, you have been granted the non-exclusive, non-transferable right to access and read the text of this e-book on-screen. No part of this text may be reproduced, transmitted, down-loaded, decompiled, reverse engineered, or stored in or introduced into any information storage and retrieval system, in any form or by any means,
whether electronic or mechanical, now known or hereinafter invented, without the express written permission of HarperCollins e-books.

  EPub © Edition JANUARY 2006 ISBN: 9780061868238

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  * Victim assistance advocates serve crime victims but are employees of law enforcement. Their job is to minimize the victims’ trauma. They are trained to recognize and meet the emotional needs of victims and/or their loved ones, whether it is to listen to their story or create an emotionally safe environment.

  * A phone tap provides direct access to a conversation so that it can be recorded or monitored. A phone trap collects data from the telephone company, which includes the telephone number called or caller ID and the names that are listed in association with the number.

  * Sudden infant death syndrome.

  * Before any interrogation of a person taken into custody, the person must be warned 1) that he has a right to remain silent; 2) that any statement he makes can be used as evidence against him; 3) that he has the right to the presence of an attorney; 4) that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires; 5) that he may end the questioning at any time. The instruction stems from a case in which a suspect, Ernesto Miranda, was tricked into confessing by being told that he had been picked out of a lineup.

  * Case: Schmerber v. California, decided by the U.S. Supreme Court in 1966 [384 U.S. 757, opinion by Justice Brennan, 5-4 decision]. The Colorado Rules of Criminal Procedure [Rule 41.1] authorize any judge to issue an order requiring a person to supply such non-testimonial materials if there are reasonable grounds to believe the person committed a criminal offense. Reasonable grounds is a lenient standard, amounting to less than probable cause.

  * DNA is the abbreviation for deoxyribonucleic acid, the genetic material that is the “blueprint” for the development of every living thing. Except in the case of identical twins, every individual’s DNA is unique and unchanging throughout life. It is found in cells from skin, blood, hair follicles (although not the shaft), saliva, and semen. In 1984 researchers at Leicester University in England invented a technique for recording segments of DNA in a pattern resembling a grocery bar code.

  * Barry Scheck is codirector of the Innocence Project at the Benjamin N. Cardozo School of Law in New York, which uses DNA testing to exonerate inmates wrongfully convicted of crimes. Mr. Scheck is also commissioner of New York’s Forensic Science Review Board, an agency charged with creating the states’s DNA databank. “In 11 cases where DNA testing has exonerated a wrongly convicted person,” Scheck wrote in Newsweek on November 16, 1998, “DNA has also led to finding the real perpetrator.”

  * An RFLP (restriction fragment length polymorphism) test is a sophisticated DNA test measuring varying lengths of DNA strands produced by their reaction to a specific enzyme. The results can yield ratios demonstrating that the likelihood of two people having the same genetic patterns is hundreds of millions to one.

  PCR (polymerase chain reaction) typing (also known as molecular Xeroxing) is a process in which tiny bits of DNA are replicated thousands of times to allow analysis and comparison. Once the DNA is amplified, it can be typed through genetic probes. While hundreds of genes can be examined, not all are suitable for forensic analysis. In the Ramsey case, the DQ-alpha and D1S80 genes were among those compared. The genes analyzed through PCR are not the same as those examined through RFLP testing, but PCR results can also yield ratios demonstrating that the likelihood of two people having the same combination of genetic markers is hundreds of millions to one.

  ** The greatest risk of contamination of DNA comes from other DNA samples. Material is collected with disposable tweezers by police officers and lab techicians, who are required to change gloves each time they pick up a sample. At a complex crime scene, an officer might use fifty or more pairs of gloves.

  * A Colorado statute, C.R.S.16-3-309, generally authorizes the use of laboratory testing procedures by the prosecution, so long as procedures are in place to preserve possible exculpatory evidence (evidence that points to the possible innocence of a person). The statute hints, however, that “when a suspect has been identified or apprehended,” the suspect or his counsel may have a right to be present at destructive procedures that will not leave enough evidentiary material for later defense testing. The statute does not provide for a definition of “suspect” or explain what degree of suspicion is necessary before one is deemed to have been “identified.” Whiteside apparently took the view that a person was not a suspect until he had been named by police as such, charged or arrested in connection with a crime.

  * The presence of facts or circumstances strong enough to produce a reasonable belief that the person charged with a crime is guilty. It does not indicate proof beyond a reasonable doubt but is enough to force the accused to stand trial. Also, in cases of search and seizure, it indicates the presence of sufficient evidence that the property subject to seizure is at a specified place.

  ** The level of certainty a juror needs in order to make a legal finding of guilt for a criminal defendant. This phrase is employed in jury instructions during a criminal trial, indicating that the defendant’s innocence is presumed unless the jury can see no reasonable doubt as to the guilt of the person charged. This standard does not require that proof be so convincing that no chance of error exists. It means that evidence must be conclusive enough that all reasonable doubt is removed from the mind of an ordinary person.

  * There is no Colorado law mandating that the police department cooperate with the district attorney.

  * Pete Hofstrom, who was present during the conversation with Patsy, was familiar with the Michael Manning case discussed on page 281. In that case the child’s mother, Elizabeth Manning, was told she would be treated “as a witness” rather than as a suspect. She then disclosed that her child was beaten to death by her companion. When she was prosecuted for murder, the Colorado courts held that because of what a deputy had promised, neither Manning’s disclosure nor anything the police learned from following up on it could be used as evidence against her. It is likely that the sheriff’s officers interviewing Patsy Ramsey assumed that what she told them on that occasion could never be used against her. That was probably wrong.

  * Evidence that points to the possible innocence of a person.

  * Hair has thirty-five characteristics, some of which are pigmentation, medulla, scales on the outside of hair, and the channel that runs through the center of each strand.

  * The steps in DNA testing are as follows: Blood, semen, saliva, skin, or hair is labeled and shipped to a forensics lab. Only minute amounts—a single hair root, for example—are required. Then the sample is mixed with detergent and enzymes, which break open the cells and let out their DNA. The cell fragments are removed, and the remaining mixture is spun in a centrifuge tube. Pure DNA settles at the bottom. The DNA is then amplified. Its double helix is separated into two strands. Technici
ans add twenty-six short pieces of DNA, called primers: sequences of the chemicals C, A, T, and G that link to the beginning and end of thirteen different places on a person’s DNA. Then replication takes place. When a primer attaches to the beginnings of one of the thirteen sites, it acts like the start button on a photocopying machine, turning on cellular machinery that makes a million copies or more of each site. Copies of the thirteen sites, each about one hundred to six hundred chemical letters long, are separated by size through gel electrophoresis. In this process, a drop containing millions of DNA fragments is placed at one end of a sheet of gel. Electric current pulls the fragment across the gel; the larger the fragment, the more slowly it moves. The fragments, tagged with dye, show up as colored bands under ultraviolet light. The lab compares the length of the thirteen markers to the lengths of a suspect’s thirteen markers. The more markers that match, the greater the odds are that it is a definitive match. If all thirteen strands in one person’s DNA are identical to all the lengths in another person’s, the odds are one in trillions that it isn’t a match.

  ** Test results can take from several days to weeks using the PCR method of testing. RFLP typing takes months. In some cases it can take up to ten months to obtain test results because the lab is so backlogged.

  * A D1S80 test is a PCR-based test that measures the genetic marker known as D1S80 on the DNA strand.

  * A prima facie case is one where there is sufficient evidence to shift the burden of proof to the other party. The amount of evidence needed to make a prima facie case varies with the context: in some settings, proof beyond a reasonable doubt is required, in others only proof by a preponderance, or probable cause.

  * When a defendant pleads guilty, the prosecution may consent to a deferred sentence; in such cases, the defendant is ordinarily placed on probation, with conditions to be negotiated between the prosecution and defense. The probation may last as long as four years. If the defendant completes the probationary period successfully, the guilty plea is withdrawn and the original charges dismissed. If he fails to complete the probation successfully, his earlier guilty pleas will allow the court to enter a judgment of conviction and sentence him to any sentence authorized by law.

 

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