Author Topic: The murder of 14 year-old schoolgirl Jodi Jones near Edinburgh on 30 June 2003  (Read 1055431 times)

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Offline nugnug

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its more or less imposable to clean up all forensic traces of a crime.

if you look at the time line you will see luke had 45 at most to comit the murder and clean himself up.

http://wiki.wronglyaccusedperson.org.uk/index.php?title=Luke_Mitchell_-_Timeline
« Last Edit: February 06, 2014, 08:02:PM by nugnug »

Offline Jan

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There would have been plenty of time to dispose of any incriminating evidence.

On a more general note, I'm not sure that many mothers would lie, in order to get their child off of a murder charge, if they thought there was a chance that they were indeed, guilty.  Well, I know that my mother wouldn't anyway!

Yes I have just been reading up some more and it was a month before he was arrested - so in theory he could have hidden the clothes and then destroyed them - and I did not read what his answer was to the missing "parka" coat. However the witness evidence of seeing them together - and ID by photo only, does not seem that secure. As a mother I agree I would not lie for my son whether I thought he was innocent or not. I was always bought up to believe that one lie would take you deeper into another .Which it quite often does.

Reading the replies to the appeals I think the forensics are his biggest hope and I really hope that with more modern technology they can get a definitive answer.

I cant quite understand the families apparent reaction to this , if there is any doubt at all surely it is best to know the truth?

Offline nugnug

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his house was searched a faie while before he was arrested.

Lithium

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I cant quite understand the families apparent reaction to this , if there is any doubt at all surely it is best to know the truth?

There isn't any doubt.

Offline Jan

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There isn't any doubt.

So why has it been agreed that the forensic evidence will be re-examined?

Offline nugnug

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the sccrc has ordered it.

Offline sandra L

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The telephone logs demonstrated that Luke regulary called the speaking clock - from memory, there were something like 17 calls to the speaking clock in the months prior to the murder. Also, the majority of those calls were in roughly similar timescales - in the hour before leaving for school, and between 4pm and 5pm after school. The family all maintained that the clock in the kitchen was unreliable, and other appliances with electrical clocks would not be accurate because they were turned off at the sockets at night.

The family was allocated a Family Liaison Officer  (later referred to by Donald Findlay as a "Vixen in the Henhouse" on the morning of July 1st (Jodi's body was found just before midnight between June 30th and July 1st, and Luke and Corinne had been in the police station until 7am on the morning of the 1st. The Liaison officer was a permanent fixture from the afternoon of July 1st to the raid on the mornin of July 4th, therefore, there was no opportunity for anyone to have disposed of anything. The ashes from the logburner were stll in the burner on July 4th - had the "real" ashes been disposed of between July 1st and July 4th, another fi would have to have been lit, in order to create "replacement" ashes - L&B police themselves admit this did not happen.

There was no time for the ashes to be removed prior to July 1st - according to neighbours, the fire was still burning at 10pm, and Corinne was on her way to the police station by midnight - the ashes would have been too hot to remove, and no ashes were found in the family's wheely bin, so the suggestion is that Corinne somehow removed hot ashes from the burner sometime after 10pm, left her home in order to dispose of them, then returned and set another fire (in order to create "replacement"" ashes) - a fire which was not witnessed by neighbours, all in time to be ready to leave in response to a call from the police, the time of which she could not have known or predicted in advance!

Offline sandra L

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Jansus said
Quote
Yes I have just been reading up some more and it was a month before he was arrested - so in theory he could have hidden the clothes and then destroyed them - and I did not read what his answer was to the missing "parka" coat.

From the point at which the FLO was assigned to the family on July 1st, every member of Luke's family was under total surveillance, not only by police, but also by the media who followed their every move.There was no  opportunity to "return" somewhere after the night of June 30th in order to retrieve hidden clothing/weapons for disposal. Furthermore, pror to the allocation of the FLO, Luke and his mother were in Dalkeith Police Station from just ater midnight to 7am, thereafter,, they were escorted home, where the media had camped out outside their home.

The answer to the missing parka was then, and has been for almost 11 years, there was no "missing" parka - Luke didn't own a parka prior to the murder, although a flood of media photographs of him wearing one from the day after he was detained for questioning on August 14th 2003 almost certainly caused confusion amongst witnesses who were asked if they had seen him wearing a parka! The question  - was that before or after the murder - is a difficult one to address when the media has been flooded with pictures of Luke in a Parka at exactly the same time as high profile coverage of his detention for questioning about Jodi's murder.

I can confirm that there is not a single statement in existence which refers to Luke wearing a parkka jacket prior to those pictures appearing in the media.

Offline Jan

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thank you for your replies.

I sincerely hope that there is enough Forensic evidence to help with this case as unlike the previous poster I would say this not a case of "no doubt"  more like " very serious doubt"





Offline sandra L

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I think one of the saddest points about this case is that there was enough evidence to create far more than reasonable doubt regarding the prosecution case in the case papers, from before the start of the trial.

So much of it, we did not know about until literally years afterwards (in Scotland, the accused/convicted person has no right to see his/her own case papers, and it is an offence for those papers to be shared with a third party. Further, if a third party should somehow obtain access to case papers, it is also an offence for that person to make those papers public, so you can have some idea of how difficult this case has been to highlight over the years!)

So, for example:

a number of male DNA profiles on the body, the clothing, and the crime scene. These are not just any old common or garden DNA samples, they are from semen and sperm heads - none of them Luke's

Saliva stains, blood and hair on the body, the clothing and the crime scene, all unidentified, none even attempted to be be claimed as "partial" matches to Luke

A number of males close to the investigation (not Luke or any of his family members) who either had no alibi for the pertinent time scale, or whose original lack of alibi was remedied by later testimony from other people close to the investigation, some with apparently vested interests in supplying such testimony

No time of death, nor any reliable evidence to support the "claimed" time of death, other than the contention of the SIO that this was the time.

The crime scene was bleached before sniffer dogs were brought in

The search area for the sniffer dogs was restricted to the areas leading towards where Luke Mitchell lived, to the exclusion of a number of areas which, it could be argued, should have been considered significant to the investigation - not that it mattered, since the scene had been bleached anyway!

The family search trio's account of their movements that evening, and their claimed reasons for going straight to the path to look for Jodi do not stand up to scrutiny - according to phone logs, etc, when compared to statements from the search trio and other members of Jodi's family, the search trio arrived at the start of the path before they actually set out to search, and, by their own admissions, they headed for an area they would not have expected Jodi to be that evening, having been told explicitly that she was expected to be in the opposite direction entirely, and an area which they tried to claim jodi was not allowed to use, and would not have used alone. (At the time they made these claims, they were of the opinion that Jodi had not been with Luke that night, so they had no reason to believe that, had she been on the path with someone, that someone was Luke Mitchell.

There are so many elements of "evidence" which were never used by the defence - it is really shocking when you see how much information never makes it before a jury - not just in this case, but in so many others as well.

Offline Jan

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reference your comments about the accused not being allowed access to court papers- that's incredible . I never knew that . So how can that be in line with human rights laws?

It seems that a right to a fair trial is almost impossible under the current circumstances. Makes me really angry . I wish now I had not been such a coward and carried on studying law.


Offline nugnug

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this far from the only case where this has happend its much more common than people think.

Offline sandra L

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The case papers in Scotland are deemed to belong to the solicitor - I have no idea how on earth that is supposed to be compliant with the European Convention. One solicitor tried to explain to me that, as the Scottish Legal Aid Board paid the defence solicitors, the papers really belong to the SLAB, and the individual solicitors take care of them on the SLABs behalf.

Here's where logic, common sense and the justice system part company - when I said this must surely create a two tier system, since those who paid for their defence privately would, by this reasoning, have ownership of their own papers, well... actually... no! They wouldn't have access to their papers either - they would still "belong" to the solicitors!  The SLAB payment/ownership argument was bull, but they were obviously so used to trotting it out as an "explanation" that they'd missed the obvious flaw in their own argument!

Mind you, Scotland has been thumbing her nose at the European Convention for years (even though she signed up independently from England and Wales) - the Cadder ruling, finally forcing Scotland to take action over interrogations without legal advice or representation (even though Scotland had been warned for something like 12 years that this practice would have to stop) caused the tantrum of all tantrums amongst certain factions of the Scottish Justice System.

Incidentally, Luke was interrogated for a total of 19 hours, over three separate interviews, without legal advice or assistance - he was 14 for the first two, and just three weeks after this 15th brthday for the third.

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The case papers in Scotland are deemed to belong to the solicitor - I have no idea how on earth that is supposed to be compliant with the European Convention. One solicitor tried to explain to me that, as the Scottish Legal Aid Board paid the defence solicitors, the papers really belong to the SLAB, and the individual solicitors take care of them on the SLABs behalf.

Here's where logic, common sense and the justice system part company - when I said this must surely create a two tier system, since those who paid for their defence privately would, by this reasoning, have ownership of their own papers, well... actually... no! They wouldn't have access to their papers either - they would still "belong" to the solicitors!  The SLAB payment/ownership argument was bull, but they were obviously so used to trotting it out as an "explanation" that they'd missed the obvious flaw in their own argument!

Mind you, Scotland has been thumbing her nose at the European Convention for years (even though she signed up independently from England and Wales) - the Cadder ruling, finally forcing Scotland to take action over interrogations without legal advice or representation (even though Scotland had been warned for something like 12 years that this practice would have to stop) caused the tantrum of all tantrums amongst certain factions of the Scottish Justice System.

Incidentally, Luke was interrogated for a total of 19 hours, over three separate interviews, without legal advice or assistance - he was 14 for the first two, and just three weeks after this 15th brthday for the third.
[/glow]Absolutely disgraceful Police brutality, for which they were rightfully admonished.  Great to see you back here Sandra.

Offline sandra L

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Thanks Neil, I've not been online so often recently due to a number of factors, but I do try to keep updated when I can.

Thanks to Jansus for his/her interest in Luke's case, and the others for their input. Hopefully, there will be some news from the SCCRC soon - the case has now been with them 19 months. We did say we were prepared to give them more than the usual 9 months, because the application was so complex, and we wanted it throughly reviewed, so we have no complaint about the length of time it's taken, just the original complaint that it never should have been necessary in the first place!