I agree it is difficult to see how blood from any beating NB sustained from the rifle/silencer ended up inside the silencer (which I don't believe even left the gun cupboard on that fateful night). For the record I haven't seen any evidence of what the jury were told in this regard. Are you able to provide any documentary evidence supporting your assertions?
I didn't save everything I read on blue. I know for a fact that the blood spatter testimony included such. They didn't even bother to mention that since the butt of the weapon was being used to beat him that means the blood would not even be near the opening. It just discussed the scientific issues of spatter being able to enter a barrel discussing both the issue of spatter from bullets as well as from beatings. The jury was told that very little spatter could get inside whether by beating or shooting and it would not travel far even if a bit did by coincidence end up in the hole. The quantity and depth were only associated with drawback.
Geoffrey Rivlin was known as a prosecutor not a defender. Months after JB's trial he quit advocacy to take on the role of full-time judge which says it all imo. These people are unaccountable when they cock up. I understand he has always been "helpful" to JB's defence since trial. Is this the norm or a guilty conscience knowing he cocked up? How many time do you hear JB "supporters" criticise his defence at trial? Never. Instead they blame prosection witnesses, the police, lab staff and just about anyone they can think of but never JB's defence at trial.
So what, in JAG we did both. Working both sides just gives one a better perspective. Former prosecutors make some of the best defense attorneys because they know ever angle a prosecutor has. The problem is when someone who never handled a particular matter before such as never handled murders or the like is tasked with defending someone. There is a learning curve and they may or may not be able to learn sufficiently.
I have no problem blaming a defense lawyer who does a horrible job by missing something significant but that didn't happen here. The defense here had lousy facts and there was really no hope of winning this case except getting a jury of who hated the police and would never trust the police no matter what and acquit no matter what. There are people like that and for all we know they may have gotten 2 jurors of such a nature we don't know what the 2 who voted to acquit were like. Chances of getting more than 3 in a lot of 12 is not good though which is why they feel 10 is good enough for a majority verdict and don't feel any need to go lower.
Jeremy could not have been a worse client. He acted snide on the witness stand and many of the things he told police and on the stand even were less than helpful to his cause. Calling Julie before police was a mistake and lying about calling police first only compounded it. He told police he called them right away but at the trial he admitted he waited a while and said he didn't call 999 because he didn't initially appreciate there was an emergency it took time for it to soak in and only after it soaked in did he recognize there was an emergency and that he had better call police. This was a horrible explanation for not dialing 999. All such accounts for is a delay in calling police it fails to explain why he didn't dial 999. Logically once it sunk it that there was an emergency he should have called 999 at the point. He basically said it sunk in that there was an emergency then he panicked and figured he better call police and looked up a number. He had told the police that he didn't realize 999 would be faster which is something he told police as well. How could you not know that it would be faster to dial 999 than to go get a number and look it up? There is only so much a defense attorney can do to try to ameliorate such things. That is apart from the moderator and things like leaving too many bullets in the kitchen for his story of loading the gun there and then leaving the bullets to be true. When everything is taken into account this is a horrible case.
F Lee Bailey did a lousy job defending Patty Hearst that was a winnable case even though the judge was biased and made bad rulings. I can criticize specific things he said and did which from a lawyer perspective were poor. In this case there is nothing like that, the facts and evidence were simply bad and they lost as a result.
I agree the argument about the blood in the silencer representing an intimate mix of NB and June's blood was/is weak. There was nothing whatsover to stop Geoffrey Rivlin going down the accidental/deliberate contamination route. The tests used to analyse the blood are not statistically indivualising. This can be evidenced by the fact RB shared the exact same blood groups with SC/the flake. It is obvious from the jury's questions to the judge that they misunderstood the whole blood evidence believing the blood in the silencer could only pertain to SC or a remote possibility of NB and June's. When in fact as stated by Dr Lincoln the blood groups found in the silencer are shared by approx 8% of unrelated white British population - 5th para down:
http://miscarriageofjustice.co/index.php?action=dlattach;topic=7083.0;attach=6212
The testimony at trial was that it was impossible for accidental contamination to be a cause of the blood it got there either by drawback or deliberately placed there was the testimony. So there was no way to argue innocent contamination. That is the most the defense could get so far as being able to suggest planting. They had no one to question who could suggest anything particular.
Evidence it entered on the record by questioning witnesses. There was no one to question who would help support the claim of evidence being planted because nothing was uncovered to suggest any planting of evidence occurred. If he asked what it would take to plant evidence the difficulty of planting evidence in the moderator and concealing the finding of blood in the rifle would would have simply made the jury not even consider it a possibility. That's the only other thing that could have been asked.
Where is the evidence AK2-1 is "more hardy" than AK-1? John Hayward said had June's blood been present he would have expeted to detect AK2-1 but nothing about it being "more hardy"than AK-1? The following is from the CoA doc point 454:
However, if there was sufficient of Mrs Bamber's blood present to give the clear cut group A result, he would have "stood a good chance of detecting the AK2-1 which would have gone with it".
I agree the whole idea the blood represented a mix of NB and June's and that SC would return the silencer to the gun cupboard before shooting herself is simply absurd whichever way you look at it. What was going through Geoffrey Rivlin's mind? Imo on the one hand he was arrogant thinking the jury would be easily fooled. On the other hand lacking the balls to go down the accidental/deliberate contamination route.
AK2-1 is mitochondrial based it is more durable than AK1 which is cytosolic. Adenylate kinase degrades over time unless refrigerated and some other variables come into play as well. Ak2-1 degrades more slowly thank AK1. Part of the reason why they would have expected to be able to detect AK2-1 was because AK1 was detected. Another reason of course is just that it breaks down slower and was within the window where it should have been able to be detect it. It's not impossible for all adenylate kinase in a sample to be too degraded to get a result though. Some defense attempts were made to question the AK1 finding and suggesting perhaps no result was obtained but Lincoln and no one else really were willing to say they made it up. Testing a larger sample would have been better, cutting it into 5 parts really reduced the size significantly. In fact, sometimes labs would do multiple tests in combination (batch test) on the same sample. For instance run PGM, AK and ADA all at once on the same sample. They could have divided it in half or 3 parts instead of 5 and done batch tests. Some labs chose not do it that way though and some stopped. I have no idea why they stopped, I never saw anything that suggested it skewed results doing such batch testing. Sometimes scientists will do things in fads.
What was going through Rivlin's mind was that he had zilch and the best he could think of to try to get jurors to disregard the evidence and find reasonable doubt was them hearing the prosecution expert say it was possible to be a mixture. He hoped hearing the word possible would sway them and that they would ignore "remote", ignore the evidence Hayward presented of why he said he didn't believe it happened and ignore the nonsense of her putting it away and just taking the position crazy lady will do anything. That is the position plenty of supporters on blue take. They just say crazy people do things that make no sense and you can't ever figure out why. That is wrong of course, usually there is a method to their madness one just has to figure it out.
Still many people have preconceived notions about crazy people and drug users for that matter and such can be exploited by one side or the other. He didn't just try to use such for the moderator issue but also the issue of her washing and changing clothes.
The chain of custody in this case is quite simply appaling and when the Great British public understand the enormity of what went on will quite rightly be outraged:
- Silencer not found at SoC by police but some 3 days later by JB's relatives.
- The relatives did not leave the silencer at SoC and alert police but removed it where they subsequently "examined" it.
- A police officer collected some 2 days later. Instead of going prepared with an exhibit bag he improvised by using the inner tube of a kitchen roll. He did not hurry back to the station but sat drinking whisky with the relative.
- The officer handed the silencer in at the police station the following day.
- He did not deal with the administration of the silencer/exhibit correctly circumventing procedures.
- The following day the silencer was submitted to the lab where a scientist examined blood and paint on the outside only.
- Two days later the silencer was taken to a different site miles away for superglue fuming in an attempt to reveal latent fingerprints. Had the lab identified any blood inside the silencer it would have been removed prior to the superglue fuming as it is known this CAN have an adverse affect on any subsequent testing of blood.
- Some 28/29 days later the police returned the silencer to the lab and hey presto by magic an in tact flake of blood appeared which just so happened to match SC's blood groups!
- By this time the relatives had done a sterling job on the police convincing them of JB's guilt based on nothing more than entirely subjective matters.
- 30 years ago and with the UK's low rate of gun crime all concerned were out of their depth and JB was like a lamb to the slaughter.
There's no evidence to suggest only lab staff were familiar with 'draw-back'. Peter Eaton was a registered gun dealer and members of the police firearms trained. Many involved were just as likely to be familiar with draw-back as any lab staff were if not more familiar.
Blood inside the silencer was not found straight away. See above.
There's no evidence of what was added to the victims' blood samples taken at autopsy and whether or not Dr Lincoln attempted to carry out any tests in this regard.
NGB has stated the defence had grounds to pursue accidental and/or deliberate contamination and I have no reason to doubt him in this regard:
http://miscarriageofjustice.co/index.php?topic=5861.msg209325#msg209325
The CPS/DPP NEEDED the fabricated evidence of the silencer to get the case to court.
1) You still keep ignoring that on Aug 13 human blood was removed from the inside not merely found on the outside.
2) The family examination of the moderator consisted of looking at it. There was very specific testimony of who was present when it was found and what they did with it. There is no reason to doubt their claims. If they opened it up they could have ended up destroying evidence and losing evidence but nothing suggests that they did such. There was testimony one tried to open it but luckily failed. This is where police efforts loom large. Imagine if he opened it and the flake was lost. That would have eliminated the flake evidence.
3) Knowledge of drawback is an obscure even today, assuming that gun dealers know about drawback is silly. The only requirements to become a gun dealer is to register with the government. Those who deal with issues that involve drawback are the ones who know about it. Forensic experts are taught about it. lawyers who handled cases that involve drawback learn about it or who take courses that discuss it will learn about it. Some courses that address various issues are in the context of required continuing legal education but there are also various seminars put together for lawyers that don't give CLE credits (many jurisdictions require taking a certain number of CLE credits each year) but are simply to make a lawyer more effective by teaching them about subjects helpful. Police usually would only learn about such things on the job but now there are more forensic courses and the like which they take so they could be more generally aware. Being a gun seller and hunter means nada.
Even someone who knows generally about drawback will not simply know whether a shot is one that will cause it without there being testing or being provided with specific information. It will only happen when there is a contact wound. It won't happen with all contact wounds the location is significant as well as whether there is clothing in the way. A prior nearby wound will greatly increase the chance and volume of drawback. These are all things that have to be looked at which the family and even police had no way to know about until the lab told them.
4) I don't think you realize just how many times people bring police evidence. Police don't always find evidence on their own. While it was lousy police work to not take all the firearms, bullets, and accessories right away there is no evidence that any harm came from it. Potentially evidence could have been lost so they should strive to do better. If the flake had been lost by the family opening it that would have resulted in there being less evidence. the lost hair wound up being meaningless but they had no idea at the time this would be the case and should have been more careful.
The same reason the family and police didn't know anything about drawback is why Jeremy didn't and that is why he didn't realize he should make sure he removed the moderator before shooting Sheila. Forensic shows have opened the masses to things they had no idea about in Jeremy's day like GSR and blood spatter. Drawback is a derivative of spatter but even today is not mentioned much and not known by many. But for this case most people on this site and blue would never have even heard of it. So you can't fault Jeremy too much. Now telling Julie his plans on the other hand was quite stupid. For that he deserves an idiot award and he deserve another for not dialing 999 and yet another for calling Julie before police. He should have foreseen the problems.