Prosecutors hammered away at Michael Blagg's character on Friday with graphic testimony
about pornography Blagg accessed on the Internet, evidence they claim led him to kill his
wife.
The first week of Blagg's first-degree murder trial concluded with jurors seeing redacted
pictures that Blagg downloaded off the Internet and hearing names of pornographic Web
sites that he accessed.
Mesa County sheriff's investigator Michael Piechota testified officers seized Blagg's home
computer and found it contained 668 pornographic photographs that had been downloaded off
the Internet. Investigators also found 1,076 pornographic Web sites and 119 pornographic
text files, Piechota said.
District Judge David Bottger had previously ruled that jurors could hear testimony about
the pornography but couldn't see any unadulterated photographs. Defense attorneys tried to
take it a step further Friday, fighting to keep the prosecution from putting on a slide
show presentation of the redacted pictures and allowing jurors to see the names and
descriptions of adult-oriented Web sites.
Public Defender David Eisner claimed the pictures were only meant to smear Blagg and the
Web site titles and descriptions were as inflammatory as the pictures.
Bottger disagreed, saying, "The jury is entitled to know what's on there."
The evidence created some tense moments when Deputy District Attorney Brian Flynn asked
Piechota to explain to jurors what was happening in each redacted pornographic picture,
and Piechota asked if he should read the names of every adult Web site. Bottger
interrupted and told the prosecution to move along to other testimony.
Prosecutors are seeking to show the jury that Blagg, 41, fought with his wife, Jennifer,
over his use of pornography, shot her to death as she slept on Nov. 12 or 13, 2001, then
disposed of her body in a trash bin at his workplace. He reported his wife and daughter
missing on the afternoon of the 13th.
Blagg was arrested in June 2002 after Jennifer's mummified remains were found in the Mesa
County Landfill. Six-year-old Abby hasn't been found.
Blagg reportedly told investigators he and Jennifer viewed the pornography together as an
alternate form of sexual satisfaction because Jennifer's health problems made sex painful.
He has continually denied any involvement in his wife's death and daughter's
disappearance.
Defense attorneys countered Piechota's testimony by claiming one of the prosecution's main
tenets - that the Blaggs fought the night Jennifer died because Michael viewed
pornography - is based on incorrect information.
Piechota said investigators who examined Blagg's home computer concluded that it accessed
adult Web sites the night of Nov. 12. During cross-examination, however, Eisner said an
FBI analysis of the computer showed the last time pornography had been downloaded on the
computer was Oct. 16.
When questioned about the discrepancy, Piechota said he was not experienced with the type
of analysis that yielded the Oct. 16 date.
"You're saying you have the expertise to say the Blagg's home computer accessed
pornography on Nov. 12, 2001, at 8:50 p.m., but you don't have the expertise to explain
why it's a mistake? Is that what you're saying?" Eisner asked.
The defense also used a prosecution witness who testified earlier in the day Friday to try
to bolster their argument that an intruder snuck into the Blagg home and killed Jennifer.
Mesa County sheriff's investigator Scott Ehlers, who searched and collected evidence from
the Blagg home, testified the batteries in the alarm to the back door of the home were
dead. He also said he was "very easily" able to get into the home through the back door by
using a credit card.
Under cross-examination, Ehlers admitted he didn't notice scuff marks on the Blagg's
backyard fence that were detected by a Colorado Bureau of Investigation agent.
As he walked out of the courtroom Friday, Blagg was asked his impressions of the first
week of the trial.
"I think our guys (defense lawyers) are doing great," he said. "I have all the faith in
the world in them."
****Up to this point, it seemed to me allowing in all the stuff
about porn was irrelevant. But to learn Blagg's nutty explanation
(see para above) - puh-leez. I mean, I still think it's probably has
nothing to do with why he killed them, but it's illustrative of the
way the guy's mind works. Which is why the prosecution went with
this approach probably (and because of the prejudicial value of the
XXX stuff too, which will help their case). The only reason I think
Blagg killed his wife and kid was because she wanted to divorce him,
and it could be he was abusing the child and she found out. I add
that only because since the child's body was never found, it's
impossible to know that part. In the end tho, he probably only
killed the child because she was a witness to the murder of her
mother. I remember at the beginning I really thought maybe Blagg
didn't do it... So often I hope the obvious choice didn't do it. I
wanted Scott P. to be innocent too those first few days (but I
cottoned onto him sooner than I did Blagg).
OAnnie (thx for posting this, Patty)
> Up to this point, it seemed to me allowing in all the stuff
> about porn was irrelevant. But to learn Blagg's nutty explanation
> (see para above) - puh-leez.
How is that nutty? I know and have known tons of couples who liked to
view porn together. You may know some and not know about it, if you know
what I mean.
> Which is why the prosecution went with
> this approach probably (and because of the prejudicial value of the
> XXX stuff too, which will help their case).
...which is completely insane. I can't begin to rant about how angry I
get when interest in pornography is used in a trial to prove any number
of unrelated evils--it's almost exactly like the prosecution in the West
Memphis 3 case using Damien Echols' reading Stephen King, the most
popular author in the universe, as proof of what a dangerous freak he
was.
--
--Robert
When the log rolls over, we'll all be dead
****Robert, for all you know, my husb and *I* do it. I wasn't
speaking about my own sexual preferences or habits. I was speaking
about Blagg's wife. Have you read about her or about their
relationship before her murder? This may well have been a woman who
refused to have sex with her husb, and it may even have been because
it caused her physical *pain*, as he claimed. But if so, the pain
was not from anything organic IMO. For him to claim that was the
reason she enjoyed the porn with him as an alternative sexual outlet
was nothing more than self-serving blather, again JMO. In light of
her life, her church, her desire for divorce, I don't believe
(again, JMO) she was into any of that, and I doubt she even knew it
was on the 'puter either.
>
> > Which is why the prosecution went with
> > this approach probably (and because of the prejudicial value of
the
> > XXX stuff too, which will help their case).
>
> ...which is completely insane. I can't begin to rant about how
angry I
> get when interest in pornography is used in a trial to prove any
number
> of unrelated evils--it's almost exactly like the prosecution in
the West
> Memphis 3 case using Damien Echols' reading Stephen King, the most
> popular author in the universe, as proof of what a dangerous freak
he
> was.
>
> --
> --Robert
>
> When the log rolls over, we'll all be dead
****Tell that to the prosecution. I think in general, prosecutors
(and defense teams for that matter) use whatever they can to win.
Not that it's a good thing. <shrug> I'm more of a let live kinda
person.
And - WHAT log?
OAnne :0-
> Robert, for all you know, my husb and *I* do it. I wasn't
> speaking about my own sexual preferences or habits. I was speaking
> about Blagg's wife.
My apologies, then--I thought you were saying that the notion that a couple
might view porn together was absurd in itself.
S'okay. Nice to see you posting at any rate. You don't seem to be
around as much as you used to?
OAnnie
I agree with you totally OA. The Blagg case certainly had many more
components to it, and knowing all the background, for Blagg to state such a
thing is ridiculous. Wasn't it her sister or a close friend from S.C. who
said she had been talking to her about coming back there to escape from her
marriage/husband?
td
> S'okay. Nice to see you posting at any rate. You don't seem to be
> around as much as you used to?
I took a break from Usenet for a few months, and I'm not reading it or
posting as much as I used to, no. Got busy. I'm interviewing for a job
tomorrow, and my first paying writing assignment is due at the end of the
month. (Which is very cool...I got tapped to write an essay for a critical
anthology about a horror author. Details later as they become more
appropriate.)
:
: ****Up to this point, it seemed to me allowing in all the stuff
: about porn was irrelevant. But to learn Blagg's nutty explanation
: (see para above) - puh-leez. I mean, I still think it's probably has
: nothing to do with why he killed them, but it's illustrative of the
: way the guy's mind works. Which is why the prosecution went with
: this approach probably (and because of the prejudicial value of the
: XXX stuff too, which will help their case). The only reason I think
: Blagg killed his wife and kid was because she wanted to divorce him,
: and it could be he was abusing the child and she found out. I add
: that only because since the child's body was never found, it's
: impossible to know that part. In the end tho, he probably only
: killed the child because she was a witness to the murder of her
: mother. I remember at the beginning I really thought maybe Blagg
: didn't do it... So often I hope the obvious choice didn't do it. I
: wanted Scott P. to be innocent too those first few days (but I
: cottoned onto him sooner than I did Blagg).
:
: OAnnie (thx for posting this, Patty)
:
I think someone in the ng mentioned at the time of the crime that
perhaps Blagg was abusing his daughter and got caught. At that
time I thought he killed them but I didn't think sexually abusing the daughter
was the motive. If it is so, I don't think his wife could have just found out
that night because it sounds like she was asleep when she was shot.
Will look forward to that! Congratulations! And good luck on the
interview.
OzAn
Maybe she finally confronted him with her suspicions the night
before her death, and he got her to believe he'd never do such a
thing again (not that she caught him in the act, but that he'd done
bad things to Abby in the past)? They perhaps semi-resolved the
issue and went to bed. Then by the next morning he knew he never
should have admitted it, espec if he thought she was still secretly
intending to divorce him? Who knows what the dynamics were? It's
just a thought though, about poor little Abby. We can never know and
I don't have a gut feeling about it either, that he did abuse the
child. I hate it in these cases that we can really never know the
nitty gritty.
OAnne
That's what I was trying to recall. Seems like there was at least a
hint of divorce. I think you're remembering rightly, but wish we had
something more concrete about this.
OAnnie
Teresa knows everything about this case, hopefully she will read this and
fill us in on the details.
td
>
>
It was a shame the child's body was never found. And it was sickening to
think they were dumped in a huge heap of garbage all that time.
td
>
>
Yes, but they'd be just as dead if he'd buried them in a
forest/field, like the Hargons, or dumped them in the sea or big
bay, like Laci. Not all that much difference really, at the end of
the day.
OA
I know, it was just the visual, of that Blagg woman's limb, falling out of a
mound of garbage, just made me feel sick to think about it. Me, I want to
be cremated, but people seem to think it's special to tend to someones
grave, put lovely flowers on it, etc. So the mound of garbage just got to
me. Especially since they never found the child. :(
td
>
>
I think graves are for the living to be able to visit and so forth.
I find comfort when I am able to visit the graves of my parents. I
think other folks like the ritual of sprinkling a loved one's ashes
over a meadow or ocean or whatever. And folks here have posted about
ashes that remained in somebody's home, which is kind of funny (I
know someone who kept her parents in the closet for many years,
which her husband never did appreciate. Maybe that's why she did it
for all I know). I think I'll leave it up to my survivors as to what
to do with my empty shell. The worst would be to never find the
remains, like little Abby's. But at least it's pretty conclusive
she's dead, which is better than hanging on to false hope IMO.
OAnne
I have a friend here who lost her husband a few years ago. A terribly long
illness that left her just drained. And she didn't know what to do with his
ashes. So I told her to "just hang on to them for awhile, and eventually
you'll know what you want to do." You know, she just wasn't ready to make
any more decisions in her life at the time. Anyway, she stuck him under his
computer desk, because that's where he spent most of his time when he was
able to be at home, and not in the hospital." For some reason, it gave her
comfort to have him 'there'. So he stayed there for a long time, and
eventually she kind of didn't think about him being there anymore. So
anyway, she had some trouble with the computer, and asked a friend of his to
come over to look at it for her. And it wasn't till this guy was there
working on the computer that she remembered 'Bill' was still under the
computer desk. She called me and told me the story, and we even chuckled
about it some, how she was hoping this guy working on the computer wouldn't
notice the box under the desk, cause she didn't want to have to tell him
that was 'Bill'. ;) It was then we knew she was ready to make a decision
what to do with him now.
td
Worst motive ever. "Honey, enough with the porn." "Shut up, I'll do
what want." End of discussion. I agree that the prosecution is
tieing in the porn to influence the jury.
That said, I think he's guilty. Finding her body with the trash from
his workplace is damning. Also, the above nutty explanation makes me
think he's guilty. People who kill their family members tend to make
the mistake of coming up with an explanation for everything the
authorities question. So he has a lot of porn. So what? I don't
feel that requires explaining; the purpose of porn is self evident.
His explanation was contrived sounding.
Also, I saw a clip of him on tv from when his wife and kid first went
missing; the interviewer asked him if he was involved and he denied
it. Unfortunately, he did that classic thing that liars do; stare
straight and steadily into the camera. He was moving his head around
as he spoke but his eyes stared straight ahead. It was very
noticable.
Mez
My stepdad keeps his daughter's ashes in an urn by the fireplace (drug
OD at 24). I greatly enjoyed giving my niece the willies at a family
get together by pointing it out to her.
Mez
Personally, I find it rather comforting, but many people, as you say, get
the willies. ;) Since I'm rather claustrophobic and afraid of the dark,
the idea of burying somebody creeps me out much more than an urn of ashes.
td
> That said, I think he's guilty.
It would seem so, from what I've read.
> Unfortunately, he did that classic thing that liars do; stare
> straight and steadily into the camera. He was moving his head around
> as he spoke but his eyes stared straight ahead. It was very
> noticable.
Funny, everybody seems to have a different idea of what liars do with their
eyes when they're lying.
Its my opinion that he was deliberately staring straight into the
camera to avoid looking looking shifty, but take my word for it, the
effect was hard to miss.
Mez
Hi, tiny dancer! You give me way too much credit, though. I've tried
to read everything that's been printed about this case, but my mind is not
the steel trap I'd like it to be. I saved a few of the articles on the
Blagg
case and I found this:
<quote>
Blagg's attorneys say there is no evidence a woman who visited a
Grand Junction legal services office seeking advice on divorce was
Jennifer Blagg.
Investigators interviewed Louella Cross, who indicated that days
before the Blaggs' disappearance, a woman and young girl came into
Colorado Rural Legal Services. The woman indicated she was being
abused and wanted to see an attorney, according to the affidavit.
When Cross was shown photographs of both Jennifer and Abby, the
affidavit says, Cross immediately identified the girl who came into
the office as Abby and said she was "almost positive" that the woman
was Jennifer.
But Eisner and Singer contend there are no records to verify that the
woman who came into the office was Jennifer and that Cross was
uncertain of the identification of the woman when she first reported
it.
The attorneys also say Cross was certain the woman and girl visited
the office on a weekday morning, yet attendance records from Bookcliff
Christian School where Abby was a first-grader show
she had perfect attendance.
Simply put, according to Eisner and Singer, "The woman in CRLS was
not Jennifer Blagg."
<unquote>
But, I also remember reading or hearing that an out-of-town friend or
relative had spoken with Jennifer shortly before she disappeared about
the possibility of a divorce and how unhappy Jennifer had become in
her marriage. I only wish I had saved *that* article!
Teresa - I'll keep looking, but we'll probably hear testimony about this
soon.
Teresa
http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2169982,00.html
They moved every few years during the early part of their marriage, which
was rocky at first, Blagg later told police. They had talked separation in
Arizona and sought marriage counseling in South Carolina, where they moved
in 1998 when Blagg took an engineering job with Allied Signal.
and this:
Melson told investigators that Jennifer had threatened to leave Michael
early in their marriage because of his drinking and partying.
and this:
In a Bible found by police in the Blagg home, Jennifer had written an entry
dated June 17, 2000: "Mike and I had a very serious talk about our lack of
effective communication. I feel scared, numb, frustrated, almost desperate.
I cry to you Lord, tell me how to pray for Mike, myself and our marriage."
and this:
Melson last talked to Jennifer 10 days before her disappearance, she told
the FBI. Jennifer asked her to pray for a problem she was having and said
she had something upsetting to tell her. She would see her soon; she and
Abby were returning to South Carolina for a visit.
Melson worried that something was terribly wrong.
The conversation haunted her.
~~~~~~~~~~~~~`
Melson must be Jennifer's friend that we're all thinking of.
Teresa
Jun 13, 2002 5:47 pm US/Mountain
DENVER (AP)
In a story that appeared on NEWS4Colorado.com on June 9, The Associated
Press erroneously quoted a friend of the late Jennifer Blagg, who
disappeared in November, as saying Blagg had told her she wanted to leave
Colorado and her husband.
The friend, Edie Melson, said Blagg told her she wanted to visit friends in
Simpsonville, S.C., and that her husband would not be with her. Melson said
there was no indication Blagg wanted to leave her husband.
Blagg's husband, Michael, was arrested for investigation of murder after the
woman's body was found in a landfill in Grand Junction last week. Their
daughter, Abby, remains missing.
By Howard Pankratz, Denver Post Legal Affairs Writer
SIMPSONVILLE, S.C. - Ten days before Jennifer Blagg disappeared last
November in Grand Junction, she called her best friend and closest confidant
and asked if she could stay with her in this bustling community of 25,000.
Blagg told Simpsonville resident Edie Melson that she'd be coming with her
6-year-old daughter, Abby, but that her husband, Mike, would not be along.
"I've finally had it. I'm miserable, we are going to hop a plane and we're
coming back," Melson quoted Blagg as telling her.
"She had no friends, felt very alone, cut off and abandoned," Melson said
Saturday.
For five years before moving to Colorado in the spring of 2000, the Blaggs
lived in this prosperous bedroom community just south of Greenville. Here,
they developed a close circle of friends that included four other couples -
Edie and Kirk Melson, Jeff and Nita Lyda, pastor Randy Harling and his wife,
Sherri, and another minister, Steve Genoble, and his wife, Kim.
While the couples were close, the women were inseparable. They would have
regular prayer meetings and go to movies and restaurants.
And although all four women were friends of Jennifer Blagg, none was closer
than Edie Melson.
Since Jennifer Blagg disappeared Nov. 13, Melson has been repeatedly
interviewed by the FBI.
On Saturday, Melson praised the federal agency and the Mesa County Sheriff's
Department for their investigation into the disappearance of Jennifer and
Abby Blagg.
"I feel like the Mesa County Sheriff's Office and the FBI have done a
phenomenal job," Melson said.
And she believes that Michael Blagg, 39, now charged with murder in his
wife's death, was something other than the person he tried to make others
believe he was while living in Simpsonville.
"All I can say is that I don't think he is the man he went around trying to
convince everyone he was," Melson said. "I don't think he presented himself
honestly while he was here."
Melson said that Jennifer Blagg never wanted to leave South Carolina and
move to Colorado.
But she said Jennifer confided in her that Mike was always having problems
with his jobs, which involved his work as an electrical engineer.
He'd take a job, there would be a happy "honeymoon period" of six months and
then the "job went south," with Mike and his employer no longer getting
along, Melson said.
That happened in Greenville and then again in Colorado, she said.
"Jennifer did not want to go to Colorado. I know Jennifer made friends and
ties to people in Simpsonville like she had never made in her life," Melson
said. "But she said Mike was very unhappy in his job (in Greenville), and
that made her life miserable. He wanted to go to Colorado, so she
acquiesced."
The Denver Post has made repeated attempts to speak to Blagg since his
arrest.
The disappearance of Abby and Jennifer, the discovery of Jennifer's body and
now the criminal charges against Mike have stunned those who knew them. Some
adults and children connected with Simpsonville's First Baptist Church -
where the five couples attended services - say they've had bad dreams.
Melson said her three boys, who knew Jennifer and Abby well, have had
nightmares, and she herself has a recurring dream where Jennifer is in
trouble but she is unable to reach her.
The Simpsonville women who knew Jennifer Blagg said they loved her.
"She definitely was a gentle spirit," said Nita Lyda, one of the group. "She
had an uncanny ability to connect with people. She had a serious side, but
she loved her family and loved her friends."
Melson said Jennifer was a caring person who had a sparkle about her. When
she gave you her friendship, it was a "total commitment," she said.
But Michael Blagg was equally as impressive if not as outgoing, some said.
Jeff Lyda, a deacon at First Baptist Church, taught a church "couple's
class" with Michael, designed to help strengthen people's marriages and
relationships.
He said Blagg was one of the most godly people he ever met, always humble
and meek, one of the "holiest men" a person could meet.
"I heard Mike talk and I said I wish I could love Nita the way he loved
Jennifer. I found myself envious about the way he spoke about her," Lyda
said.
The fact that Michael Blagg now is accused of killing Jennifer is
unbelievable to the Lydas.
Mike was always protective toward Jennifer and Abby, their Simpsonville
friends said.
"He treated her (Jennifer) like china," Melson said. "He was extremely
protective."
Randy Harling, pastor of the 1,400-member First Baptist Church, said Michael
Blagg was very caring and took care of his family.
"Mike also seemed to have a very solid life," Harling said.
But he said Jennifer was much more easy to get to know, her husband being a
very private person.
Harling baptized Abby. He remembers her with affection.
"She was one of the sweetest little girls, she was so affectionate," he
said.
td
"Teresa" <ctf...@comingcast.net> wrote in message
news:V%u5c.21338$KO3.61499@attbi_s02...
OA
"tinydancer" <tinyd...@nospam.com> wrote in message
news:9zv5c.82765$JN2....@bignews4.bellsouth.net...
You're both very welcome. Here's the latest:
Article Published: Tuesday, March 16, 2004
Blagg trial cites grisly fingerprint procedure
By Nancy Lofholm
Denver Post Western Slope Bureau
GRAND JUNCTION - The mother of murder victim Jennifer Blagg left the
courtroom with dark glasses hiding tears following graphic testimony Monday
about a laboratory agent's dogged attempts to try to obtain fingerprints
from Blagg's mummified hands.
The testimony about the fingerprinting, done in a crime lab, came at the end
of a day of evidentiary testimony in the murder trial of Jennifer's husband,
Michael Blagg.
The prosecution continued to methodically introduce bits of physical
evidence - the fingerprints, the child's backpack, the vacuum contents and
the grocery receipts - that were taken from the Blagg home in the days
following the disappearance of Jennifer Blagg, 34, and her 6-year-old
daughter, Abby, in November 2001.
Former Colorado Bureau of Investigation certified fingerprint examiner
Darren Jewkes testified that many of the fingerprints he was able to lift
from the Blagg home and the family van belonged to Michael Blagg. He said he
also collected fingerprints he was not able to identify but testified they
were consistent with those of a small woman or a young girl.
Those unknown prints are important to the case because Michael Blagg's
defense attorneys are attempting to show through fingerprints, as well as
unidentified blood and hair, that a stranger, not Michael Blagg, entered the
Blagg home and murdered Jennifer.
In the days following the disappearance, fingerprints were obtained from
Michael Blagg to make comparisons. But the only prints investigators had for
Abby, who has never been found, were smeared whorls on a child
identification card. They were not good enough for a match.
And Jennifer's hands were dried out after her body was dumped in the Mesa
County Landfill and buried in trash for seven months before investigators
with the Mesa County Sheriff's Office found it.
Jennifer's hands were removed and sent to the CBI laboratory in Montrose,
where Jewkes said he used powders, glycerin solutions, ink, Vaseline,
adhesives and even cut-off pieces of skin in his attempts to obtain readable
prints. He said those attempts were mostly unsuccessful.
His testimony about the fingerprints will continue today when he takes the
stand during the fourth day of testimony in a jury trial that is scheduled
to last at least a month.
Among other charges, Michael Blagg, 41, faces a count of first-degree
murder. He has maintained his innocence.
Teresa
Hang on. The mystery fingerprints are probably those of the daughter
for whom no prints are on file anywhere? *That's* part of the
defense's exculpatory evidence? And probably the unidentified blood
is hers too? Sure is a boon to the defense that Abby's body never
showed up. Also, am wondering if Jennifer's fingerprints are on file
anywhere, since they tried so hard to get fingerprints off her
remains? That wasn't clear to me from the article. As written,
sounds like even J's prints may be the mystery prints (tho her blood
on the bed was id'd long ago). If I were Michael Blagg I don't think
I'd be counting my chickens etc yet. (And thx again, Teresa.)
OA
***This makes no sense to me. Jennifer Blagg lived in her house. Her prints
had to be all over all kinds of things--dishes she removed from the diswasher,
her make-up and personal items, laundry detergent, books, et al. Surely
someone could have testified that the print on the jewelry box matched prints
found on Jennifer's personal items if it did. Something's wrong with this part
of the story.
Maggie
"Objects in your mirror may be closer than they appear." --John Edwards after
the WI primary
The same thing occurred to me, also regarding Abby's prints. Surely the
house
is full of things with their prints on them. Maybe the argument can be made
that even though prints can be lifted from household items owned by these
two,
it doesn't prove that the prints are theirs unless they can confirm it by
comparing
them to the real thing?
Teresa
***Well, the argument can't be made until the prosecution points out that the
print on the jewelry box matches those found on Jennifer's make-up and
hairbrush and bible and on all the dishes. That seems pretty basic to me and
I'm wondering why it wasn't done. OTOH, I know from my CourtTV-watching days
that the print press leaves out loads of things from their articles, so maybe
this issue has been properly addressed and we just don't know about it.
You're probably right.
Teresa