We all know the tale of Kate and Gerry, the two doctors who have quite literally made a nation sick, but another case that was to become a part of the McCann defense was the trial of Eugene Zapata. On the 11th October 1976 after dropping her children off at school, Jeanette Zapata, the estranged wife of the aforementioned Eugene, disappeared. Years passed by and despite the efforts of police, and the hopes of friends and family, Jeanette was never found. However in 2004, 27 years after Jeanette vanished, police reopened the investigation and with the help of two cadaver dogs began to build a case. The two dogs used alerted to the scent of a human corpse in an area of the basement in a property previously occupied by the family, and to several other properties also with links to Eugene. Local police felt sure that Eugene was guilty, and duly charged him with first degree murder. Unfortunately, and in a stark similarity to the McCann case there wasnt enough secondary evidence to back up the dogs findings. The judge presiding over the case questioned the reliability of the dogs, and without the body or murder weapon being found, ruled that it was inadmissible, labelling the dogs, unreliable. The reasons for which are as follows: 1. Admissible under the rules of evidence? a. Relevant? -Sec. 904.01 -- The judge answered yes. b. Witness qualified? - Sec. 907.02 -- judge answered yes. c. Assist the trier of fact? - Sec.907.02 -- judge answered no. 2. Proper Foundation? Citing Brooks majority rule, decides: a. Whether the dog is of a breed characterized by acute power of scent -- court answers yes. b. Whether the dog has been trained to detect human remains -- court answers yes c. Whether the dog has been found by experience to be reliable in detecting or alerting to human remains scent -- court answers no. *See below for specifics related to this decision. d. Whether the dog was placed on the trail where the person being tracked was known to have been -- no decision. e. Whether the detection of human remains odor occurred within a reasonable time, given the abilities of the canine -- court answers possibly, but did not have to reach that issue. 3. Cautionary Jury Instruction. The court believed the lack of sufficient probity made the evidence more prejudicial than probative based upon the court’s belief that people -- based on legend, rumor, or experience -- would give the canine evidence more credence than the statistics would support. * The negative response to the question of the canines’ detection reliability was based upon the dogs’ actual searches in the field. The judge concluded that any/each time a cadaver dog searched and cleared an area without providing an indication and no person or other tool returned to the search location to verify that there WASNT something there, the dog’s conclusion that the area did not contain the odor of human remains had not been confirmed and was therefore was not reliable. CUE THE McCANNS: As you know Eddie and Keela were brought to Praia da Luz in the summer of 2007 to assist in the investigation into the disappearance of Madeleine McCann, but did you know that according to Gerry, that this was upon the request of the McCanns. Yep, ol flathead stated in an interview on May 13th 2011, that: when the dogs came, which was actually something that happened at OUR request So if that is true, why was Gerry so keen to dismiss the dogs as unreliable the moment they alerted to the McCanns apartment in several areas, to Kates clothes, to one of the childrens T-shirts, to the hire car, and to the flower bed outside the McCanns apartment. In fact so keen was the ear tugging, nose twitching, fecking psychoanalysts wet dream, Gerry McCann, to PROVE the unreliability of cadaver dogs, that he began to study with earnest, the Zapata case, and in particular the fact that the dogs were deemed unreliable by the judge. HOWEVER............. What you dont hear Gerry talk about is what happened after the first trial fell apart, due solely to the judge discrediting the dogs, and this is why. The dogs were right. Eugene Zapata was rearrested, and before another trial took place he confessed to killing his wife Jeanette. Eugene stated that having watched his ex wife with another man, (a notebook confirming this was found) he got into an argument with her at the family home, and struck her with a paperweight, strangled her with his hands and also a cord to make sure she was dead, he then wrapped her body in a tent, he then moved her corpse to some woods. After a period of time he removed her body from the woods and transported it to his new home, concealing it it once more, after that Eugene moved her again to a storage unit, before eventually cutting up the remains of Jeanettes body, and dumping it on a landfill site, (confirmed by landfill records) and guess what, those dogs sniffed out his every step. Yet it took a confession to confirm it. So Gerry, those dogs arent as unreliable as you claim eh, in fact your own case study has sunk its teeth into your lying backside. Something youd like to confess?
Posted on: Mon, 19 Jan 2015 22:38:45 +0000
Trending Topics
Recently Viewed Topics
© 2015