Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

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Entries in suspect (2)

Saturday
21Feb2009

ARREST EXPECTED IN CHANDRA LEVY MURDER MYSTERY: ANOTHER EXAMPLE OF POLICE RUSH-TO-JUDGMENT & POOR INVESTIGATION

Chandra Levy Today we learn that an arrest expected in the Chandra Levy murder mystery. Article here. For those of you who don't remember, Chandra was a D.C. intern who was romantically linked to Congressman Gary A. Condit at the time of her May 1, 2001 murder during her jog in the park.

It wasn't until May 22, 2002, over 1 year later, that Chandra's remains were found in Rock Creek Park in D.C. And it wasn't until then that it was first reported that a man, Ingmar Guandique, convicted of assaulting two other women after Chandra's disappearance, (one girl on May 14, 2001 and another July 1, 2001) around the same time, was questioned in Chandra's case. Article here.

Mr. Guandique allegedly did pass a polygraph test, although I do not know when it was taken. However, a polygraph alone is not enough to create probable cause for an arrest. Also, keep in mind, this man did not become a "person of interest" until some time after the other assaults took place. What about other clues and other evidence? How did the investigators fail to link Guandique to the evidence when she originally went missing or at least after the other attacks were reported?

Congressman Gary A. ConditPrior to the other attacks, the ONLY person of interest was, who else, Congressman Condit. Once investigators found out the two were having an affair, all arrows pointed at him. He was married with children. Could he have killed her because he had to too much to lose? Some reports suggested Chandra was even pregnant! All of these rumors swirling around the newsroom and police station led investigators to narrow-in on Mr. Condit and Mr. Condit only. (Side note: In my opinion, most married men have affairs! But most of them do not kill their mistress!)

A pair of panties found in Chandra's apartment had semen on them. The DNA match was that of Congressman Condit. According to the Washington Post:

To D.C. Chief of Detectives Jack Barrett, the match added little to the case. It just confirmed what he already knew: The congressman had been having an affair with the missing intern. Barrett thought Condit was simply trying to save his marriage and his political career.

But Barrett said the DNA match strengthened the suspicions of the prosecutors overseeing the investigation, Assistant U.S. Attorneys Barbara Kittay and Heidi Pasichow. "The prosecutors think this is more proof that he did it," Barrett recalled. "To the prosecutors, it was an aha moment."

I could go on & on about the case but fact-of-the-matter is that the investigators and the media basically believed Condit was the killer and they did not focus on anyone else. Now, nearly 8 years later, there will possibly be an arrest. It's not going to be of Condit. Maybe if the police were not so concerned with the DNA on Chandra's panties in her apartment, they could have found her in the park and retrieved DNA on her body.

If Guandique is the killer, why did it take so long for them to make the arrest? This case will become the classic case of investigators assumptions getting in the way of their real work. This happens all the time.

Jon Benet Ramsey's case - investigators seem stuck on the family, Natalee Holloway - investigators stuck on Joran Vander Sloot, Stacy Peterson & Kathleen Savio - investigators stuck on Drew Peterson. Don't get me wrong, I think Drew & Joran are definitely the right suspects; however, if investigators properly looked at all leads, we would not be waiting so long on the arrests of the right people.

And look at the OJ case: had investigators not focused solely on OJ, and investigated all other leads, they could have explained to the jury that there were no other suspects and all leads were investigated. But their failure to investigate possibly set the right man free.

This news is a sad day in American crime. It shows that the investigators and the media rush to judgment before properly investigating all leads. Had D.C. police properly investigated the case the moment they received the call that Chandra was missing, maybe the subsequent attacks on the two other women in the park could have been prevented. I question the quality of the evidence they do have against Guandique. Without a confession, one must wonder what physical evidence was ever recovered from the scene that links him to the crime. Let's hope another failed investigation doesn't set a guilty man free.

The Washington Post did a full series on the Chandra Levy case. Click here.

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Monday
22Dec2008

CASEY ANTHONY CASE: METER READER BRINGS UNANTICIPATED PROBLEMS TO PROSECUTION

(Red Huber, Orlando Sentinel / December 20, 2008)

Last week, a meter reader, Roy Kronk, was working near the Anthony home when he discovered Caylee Anthony's remains in a bag just 1/4 mile from the family's residence. This man's discovery brings a whole different set of problems to the prosecution that could never have been anticipated in any prosecutor's wildest dreams. Article here.

1. Was Roy Kronk Involved?: Up until this point, Casey Anthony has been the only name suspect in her daughter's death; however, Mr. Kronk's discovery of the remains raises a few eyebrows.  Kronk is not considered a suspect in Caylee's murder; according to authorities, he was simply a "concerned citizen" who called the authorities THREE times in August to come to the SAME location where the bag was found in December. He reported seeing a "suspicious" bag. But what makes something suspicious? Suspicion is a state-of-mind. Why did he determine this bag suspicious instead of just litter in an undeveloped area? And human nature has it that curiosity would have drawn him to the bag to inspect its contents. Did he really not ever inspect the bag the 3 other times he saw it? How is it that he did not direct the authorities to the bag back in August? And was he in the area at all between August and December? There is a lot about the August "sightings" that is totally bizarre.

Casey's defense team is going to go crazy with this information. Again, Kronk is not a suspect but the defense can plant the seed into the jury's mind (upon strong objection from the state) that Kronk's discovery and his constant calling of the authorities is enough to question whether Casey acted alone (or at all) in her daughter's murder. Studies show that often times a perpetrator will be drawn to a crime scene and just cannot stay away. Remember when Scott Peterson was seen at the dock after his wife Laci's disappearance?

2. Authorities' failure to locate crime scene. From a defense perspective, Casey's defense has been handed a prosecutorial gift by the authorities' failure to locate the bag in August. The prosecution must create a crime scene for trial. The fact that Caylee's body could have been located in August (when Kronk originally made the call), but for the authorities' failure to properly follow-up on all leads, causes huge problems. If the body were discovered in August, much more evidence surely could have obtained; thus a better crime scene could have been created. Flesh might have still been present and forensic evidence could have given much more information to cause-of-death and any other evidence. Instead, 4 months passed before the body was located, and only skeletal remains were discovered, no flesh remained.

Forget what kind of evidence could have been retained in August. The authorities' general failure to investigate this bag in August calls into question their entire procedure and competency to properly investigate the case as a whole. The defense will use the meter reader's August calls to show the jury that the authorities totally failed to investigate the case!

The other significance of the bag sightings in August is that Casey was released on bond on August 20. Article here. Did she direct someone to place that bag in that location after she was released? Was the bag there the entire time? The timing of her release and the first sighting of the bag is questionable.

Expect the defense to come up with a catchy phrase similar to OJ's "if the glove doesn't fit, you must acquit." Remember that case? Remember how the defense focused on the LAPD's errors so much so that OJ was found not guilty on a double murder charge?

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