On Saturday, October 21, 2023 at 5:34:20 AM UTC-4, Gil Jesus wrote:
> On Thursday, October 19, 2023 at 4:44:10 PM UTC-4, John Corbett wrote:
> > In another thread on the issue of chain-of-custody, I presented the following
> > question to Gil:
> >
> > "Hypothetical. A private citizen finds a discarded gun and turns it over to police. Police are able
> > to ballistically match the gun to a recent murder. The weapon is traced to its owner who was the
> > prime suspect in the murder. Police have other evidence linking him to the crime but the gun is
> > essential to the prosecution's case. Do you honestly think the court is going to let a murderer
> > walk because the person who found the gun can't be positive it is the same gun he found and
> > turned over to the police."
> >
> > The question wasn't one I just dreamed up. It is based on a real life case.
> So it wasn't "hypothetical" at all, it was a real life case.
> Once again, as you always do, you've lied.
> And this time, you've even admitted it.
> SMH
>
> And once again, like your lying ass buddy Bud, you've tried to use an example that has nothing in common with the case against Oswald.
>
It was a hypothetical based on a real case.
> A witness finds an item ( in this case a handgun ) and identifies it as the item he found.
The witness identified the gun from memory, many months after finding it and turning it over to
the Van Nuys police. In another thread, you scoffed at the idea that chain of custody could be
established based on the memory of the cops. You wrote:
"I'm sure that the court would have accepted a chain of custody created from the memory of police officers.
NOT"
Yet here we have a court validating one of the most critical pieces of evidence based on the
memory of an 11 year old boy, many months after he found the gun. Once again you put your
double standards on full display.
> In the Oswald case, however, not one person who found an item identified it as the item he found.
Do you think the Van Nuys police department maintained a tight chain of custody on the gun in
question? How many people do you think had access to the property room in the many months
the gun was stored there and forgotten?
> Not one.
>
> That's a big difference.
>
> 11 year old boys are not usually knowledgeable about guns.
>
> How did the boy identify the weapon ? Did it have peculiar markings that he recognized ? Scratches ? Nicks ?
> Did he pick it out from an assortment of handguns he was shown ?
> Did police have him mark it ? Did he memorize the serial number ?
> How does an average 11 year old boy know that the handgun he was shown at the trial was the handgun he found
> to the exclusion of all other handguns in the world ?
>
> To find the answer to that, one would need to read the official transcript of the trial, something I don't currently have at my disposal.
> I assume you do, otherwise, you wouldn't be using this case as a comparison.
Yes I do. The following is a PDF of the trial transcript for testimony on September 4, 1970,
14 months after the crime.
http://www.cielodrive.com/people-v-manson-atkins-vanhouten-krenwinkel/04-trial/Vol83.pdf
Steven Weiss's testimony begins on page 17. The page numbers are on the top and most of them
are prefixed by 99 but page 17 for some reason is not. The PDF does not allow copy and paste
operation so you will have to read through it yourself.
>
> But, as your track record shows, I'm confident that you won't answer any of the questions I've asked.
I just did. Just because you don't like my answers doesn't mean I haven't answered you.
> You never do. And that's why I don't answer your questions.
If that's your excuse for dodging.
> When you answer mine, I'll answer yours.
> That's the way I work.
>
> And once again, like all Lone Nutters, your hypocrisy shows through.
> You idiots trash the conspiracy theorists for "what about this" and "what about that". Then you use the same tactics.
I brought up a hypothetical and the real life case it was based on. It was a hypothetical because
it was generic in nature and was brought up to illustrate that the chain of custody rules aren't
nearly as restrictive as what you claim.
> "What about this case" and "what about that case".
>
I brought up the particulars of this case to rebut your claim that chain of custody can't be
established by the memories of the people who handle the evidence, whether those people are
cops or a 10 year old boy.
> The Manson case has nothing in common with the case against Oswald.
The rules of evidence apply to both. California and Texas might have their own specifics, but for
the most part, they have to follow the same requirements as established through many years of
jurisprudence. Supreme Court rulings on evidence apply to all states.
> And unless you can prove that the kid was able to identify the gun, without marking it before it was turned over to police,
> you've failed to make your point.
He asked by Bugliosi if the gun he was shown at trial was the one he found. The court allowed
the question and the boys answer. The defense did not object. One of the defense lawyers
asked him on cross examination how the Van Nuys cop handle the gun and he replied the cop
grabbed it with both hands after the boy had carefully picked up the gun by the barrel. None of
the defense attorneys asked him how he was sure it was the same gun he found. Steven Weiss's
testimony about the gun begins at the bottom of page 18. Under direct testimony, he testified that the gun he found was missing the right hand grip. The gun he was shown at trial was
missing the right hand grip. A piece of that missing grip was found at the murder scene which
is how the prosecution was able to tie the gun to the murders. One of the bullets recovered
could also be positively matched to the gun. Four others could not be positively matched.
Now if Steven Weiss had given similar testimony against Oswald instead of Manson and his
co-defendants, you would be making the argument that there could be more than one gun with
a missing right hand grip. How do we know that. Because you will always look for an out to
explain away each and every piece of evidence against your imaginary client. It's what you do.
It's how you dismiss the fiber evidence from Oswald's shirt on the butt plate of the rifle and the
blanket fibers found in the rifle bag.