Thursday, January 21, 2010

Facts about the Baseline Killer case by Shanny Ardelle


A beautiful and intelligent young woman by the name of Shanny Ardelle put together these rarely published facts about the Baseline Killer case. Phoenix needs more people like her to get involved and help demand justice.

This is the first post under a section called "You!" on kingnick.com.

DNA
  • DNA evidence was a mixture of three donors in which any number of thousands of men in the geographic area could not be exluded.
  • DNA profile extracted from evidence did NOT in fact generate a "hit" in the database, though Mark Goudeau's profile existed in the database.
  • Goudeau's name was given in writing to the DNA analyst who then fished his profile from the system and attempted to make a match without database assistance.
  • The accused man's DNA was a partial match of 3 out of 13 loci, and the State's DNA "expert" stated in testimony that the DNA could not have come from anyone other than Mark Goudeau, though the same "expert" stated in another man's trial that based on the DNA match of 9 out of 13 loci, she could neither include nor exclude him as a donor.
  • This analyst lied on the stand about how she came upon Mark Goudeau's identity (proven in later court records after this trial), grossly exaggerated her numbers of probability (to the point that an unbiased expert stated her calculations were "misleading to the point of malpractice") and used calculations and methods that are not accepted by the scientific community in regard to DNA.
  • The same State's DNA expert used similar tactics in another case and even the prosecutor saw the negligence and removed her from court proceedings, nearly resulting in a mistrial when the defense appealed to the judge.
  • The DNA evidence was completely used up by the state and the defense never had an opportunity to test it independantly. DNA was the only evidence in this case, and the state's charges should have been dropped. The state then came back with witness identification from the two victims, who had previously not been able to identify their attacker, allowing the case to proceed in court. (Continued in next section)
  • After trial, the jury foreman told a reporter that without the DNA testimony, they would have had to return with a verdict of not guilty.

Victims' ID Attacker

  • The two victims of sexual assault in the trial never identified Mark Goudeau outside of court.
  • The victims were shown a lineup in which Mark Goudeau was included and failed to pick him out.
  • The victims identified 4 other men in 4 lineups prior to the trial.
  • The victims saw Mark Goudeau's image on TV several times after his arrest for other crimes and never made mention of him being their attacker to anyone, including therapists, boyfriend, family, or each other.
  • In court, one vicitm was asked if she recognised her attacker as being present in the court room. She said "I think so" and was asked to point him out. She identified Mark Goudeau's own attorney as her attacker. The jurors were never aware that she had picked out Mark's attorney and that had never neither women had ever identified Mark as the attacker. Yet, Judge Kein still allowed the woman to identify Mark at trial.
  • The victims were offered $1,100 per month for a period of a year or more for their testimony, disguised as money to relocate for safety purposes, in which one victim (the one who pointed out the attorney) accepted.

A More Likely Suspect

  • Of the crimes attributed to The Baseline Killer that are scheduled to go to trial in 2010, a different man, Terry Wayne Smith, has been found to be in the area of many of these crimes at the time they were committed. Smith's ties to the areas have benn reported by witnesses, police, and addresses of residence.
  • 11 hours after one horrific crime attributed to The Baseline Killer, Smith was reported to police by people at a bus stop in a nearby area because he was acting aggressively and talking about how many people he has killed. A police officer responded and documented this encounter.
  • In the area where 4 other victims were found dead, Terry Wayne Smith was interrogeted by police on 3 ooccasions for following women around in stores and parking lots.
  • Smith served time for an armed robbery that parallels one of the crimes Mark Goudeau is accused of. Both crimes were armed robberies of people who were alone at a do-it-yourself type carwash. The crimes were not just similar, but almost identical. The only difference is the crime attributed to The Baseline Killer resulted in murder.
  • Twice within 48 hours of being released from jail, a murder was committed just blocks from where Smith was living. These murders were attributed to The Baseline Killer.
  • Two days after the arrest of Mark Goudeau, Terry Wayne Smith held his own family hostage and was arrested.
  • Smith's mother hinted to a police officer that she felt her son was the perpetrator of the rapes and murders Mark Goudeau was arrested for and said that on at least two occasions her son had come home with blood on his clothes. She also told police he was sexually deviant (stated he has masterbated in front of the family a few times) and is violent.
  • A map that marks the location of crimes attributed to The Baseline Killer, and the places where Terry Wayne Smith was proven to be living or questioned by police for seemingly unrelated issues, shows him to be near the scenes of 14 of the crimes in close succession to the times they were commited.
  • Smith has been a murder suspect in other cases both here in AZ and in California and has served time for violent crimes and armed robberies.
  • A report about Terry Wayne Smith and the suspicions that he was a viable suspect in the Baseline Killer case was being put together by an officer at the time Mark Goudeau was arrested. The report was disregarded by the task force that was handling the crimes because they felt they already had the right guy, despite complete lack of any evidence. The officer was told by a superior to file his report in a Microsoft Word format rather than the standard Police Automated Computer Entry System, which was a departure from police protocol. This means his report is not in the official police reports regarding the cases that were attributed to The Baseline Killer. As a Word document, the report wasn't available by a public records request and the defense was not afforded the opportunity to know of this other suspect at the time of trial.

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