Sunday, March 10, 2013
Baby Ayla: Enough for Grand Jury Indictment?
In December of 2011, Justin DiPietro reported his child missing, and from that point, his story began to disintegrate.
Police have given a great deal of information to the public; information that has confirmed what Statement Analysis of the words of those in the case, had revealed.
1. The father lied about a kidnapping. There was no kidnapping, no sign of entry, no DNA, including trace DNA, left behind, no disturbance to
Statement Analysis of the father's words show deception and that he knew Ayla was dead, from the beginning.
2. That Ayla's blood was found, in significant amount, to conclude Ayla's death. This will be argued by defense, regarding time of blood; that is, can prosecutors prove that the blood found was spilled in one event, or was it ongoing.
It won't matter to a Grand Jury.
3. That although not admissible in trial, unless stipulated by both parties, the Grand Jury will hear the results of the polygraph tests, including the father's "smoking" of it, and the sisters, "fine" result. The Grand Jury will know that they failed and specifically, what questions they failed.
4. Circumstantial and Behavioral Evidence.
The Grand Jury will hear how the police set up media time for Justin DiPietro to "negotiate"via media, with the "kidnapper", but DiPietro refused.
5. The Grand Jury will see (and ask questions) the communication, including text messages, of DiPietro telegraphing (or foretelling) Ayla's disappearance. They will wonder whether or not her death was planned, via the Life Insurance Policy, or if there was a plan to sell her. The Grand Jury can see that DiPietro did not purchase a policy against his other child, and allow this to be processed through, intellectually, on why the one child had a policy, not for her, but against her, in a bundled policy, yet the other child, untargeted, was not "bet against" in a policy.
6. The Grand Jury will hear testimony that will show a pattern of abuse, including Ayla's prior injuries, x-rays, medical visits, and so on. The Grand Jury will be able to question Maine's top medical forensic experts in their opinions on said injuries.
This is something that I believe would cause Elisha DiPietro and Courtney Roberts (girlfriend) careful consideration:
any one injury can be explained away, but the Grand Jury would be confronted with what appears to be a pattern of indifference towards Ayla's safety and well being.
Yet, as each injury is put out to the GJ, child abuse experts will talk about how such and such injury could have happened; how legs are wrenched during diaper changing, or how toddlers do not "get into fist fights" (or how Chuck E Cheese does not have a ball pit...this reminded me of Mark Redwine's "Nickolodeon" comment), or why abusive parents avoid timely medical intervention, and how much a fracture hurts...and so on.
7. The Grand Jury can duly note the invocation of the rights afforded by the 5th Amendment, and its need, when DiPietro is asked questions about drug use, drug involvement and any other nefarious, illegal, or inappropriate activities committed while being a father.
8. The Grand Jury will learn what we, the public does not know; the things that caused police to conclude that Ayla was dealt, was met with foul play in the house, and why they concluded that the three adults in the house are deliberately withholding information.
They do not need to conclude that the death was intentional, or accidental. They do not have to hand down murder, or even manslaughter charges. They could hand down an indictment of child abuse, neglect, lying to law enforcement, filing a false report, or a myriad of other charges against Justin DiPietro, Elisha DiPietro, and/or Courtney Roberts.
Indictments, or even the threat of indictments, would impact the custodial rights of both Elisha DiPietro and Courtney Roberts.
This, also, should cause them to pause, and consider making a deal.
I believe a deal would allow the two women to avoid jail time, and would likely be an account of an "accident" in the house that led to panic.
Regardless of how palatable this theory may be to a public who'd rather believe it was an accident and panic, it is impossible to ignore that bizarre circumstance of a single, unemployed father taking a life insurance policy against only one of his children, who then goes missing 6 weeks later.
I expect the DiPietros to continue to blame mother, of whom I expect to hear, "we had panic because we knew she would accuse us. She always did..."
I do not expect Justin DiPietro to take responsibility of much, that is, until sentencing, and then he will take only what his lawyer tells him to take, and not a stitch more. He simply isn't "emotionally capable" of being a man. The behavior post-report confirms this, but it is the purchase of a life insurance policy, with its attendant circumstances,(such as telegraphing plans via text messages) that is impossible to ignore. As Pat Brown pointed out, even if was not the direct motive, it would have had an impact on behavior, on some level.
The Grand Jury will have this continually in the back of their minds throughout.
From the Nancy Grace Show, January, 2012
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Well, we found out over the weekend that, in fact, blood was found in the basement of that home, the very same basement where Justin DiPietro, Ayla`s father, lives and sleeps.
Now, we don`t know exactly where in the basement the blood was found and we don`t precisely -- we know part of it was Ayla`s. The rest of it, authorities are still waiting for lab results from other blood they said was found that was not visible to the naked eye. Some was, some wasn`t.
GRACE: You know, Susan, this is a huge development, but I`ve got even more questions every time I hear an answer. Let me just go through what you`ve just told us because you told us volumes. And one quick sound bite. OK, first of all, I`m hearing this. Part of the blood was visible to the naked eye. That means other blood was invisible to the naked eye. They had to use luminol.
Now, when blood is invisible, that typically means, Susan Candiotti, that it is not a smear, it is not a blood drop -- like you got a nosebleed and blood drops from your nose. That`s a very different marking than a blood spatter. Very typically, when blood is invisible to the naked eye, Susan, that means it is blood spatter.
Where do we get blood spatter? We get it from a high-velocity impact. We get it from a gunshot wound. We know it was not a gunshot because no one heard a gunshot.
That leads me to another question, Susan. Number one, the blood that was invisible to the naked eye, what type of a blood marking was it? And also, this revelation that someone else`s blood may have been mixed in with Ayla`s, or they found other blood that is not Ayla`s -- tell me again, Susan.
CANDIOTTI: Yes. There are just -- you`re right, Nancy. Every time you hear one thing, it leads to so many other questions. We don`t know all the answers. Police are only saying so much, and other sources that I`m talking with.
yes, I can`t answer what form that other blood took, but you certainly laid out a number of possibilities. Some of it, they said, was visible. And that amount, evidently, according to Ayla`s mother -- she posted on her Web site that it was more than the amount that would come from a cut. That`s all we know. And police will not confirm anything that she is putting out about how much blood was found.
The blood that was invisible -- police went in there, as you know, on day one and did a search. That`s when they found this blood. And they`re only revealing now that they found it. So that`s another question. Why now? But they found it using, as you said, that chemical luminol. And it turns a different color and makes it visible to the authorities.
GRACE: Straight out to Woodrow Tripp, former police commander. Exactly how does luminol work, Woody?
WOODROW TRIPP, FMR. POLICE COMMANDER: Well, Nancy, it`s sprayed and it`s placed on areas where blood is suspected or some other bodily substance is suspected to be.
GRACE: Back to you, Susan Candiotti. The statement that it was more blood than would come from a cut -- it`s my understanding police have said that, as well. That`s where the mom is getting it.
CANDIOTTI: That`s right.
GRACE: Police said this was more blood than would come from a normal cut. Now, I find that very, very disturbing because if it didn`t come from a normal cut, where did it come from?
And also, Susan Candiotti, you`re stating that police found this but are just now revealing it. Let`s talk about what we were just looking at, the layout of the home. What do we know about the layout of the home?
Susan, at the very beginning, we heard two babies sleeping in one room. We know Ayla`s dad`s girlfriend there, his sister there. And both of them have a child with them. There are three adults and three babies. We were told baby Ayla in the room with somebody else. But now we`re getting a different story.
Where`s Daddy saying he was that night, and where was baby Ayla?
CANDIOTTI: Sure. We were led to speculate a lot of things in the beginning because police weren`t putting out information. I`ve been in the house. I can tell you this. It`s a very small house. It`s a one-story house.
Here`s the setup. You were showing that graphic. You have Justin, who lives in the basement, and then you have three bedrooms that are upstairs. You have baby Ayla`s bedroom. After she disappeared, I was told that Ayla and her cousin both had bed set-ups in there. But at the time, police are now saying that Ayla had her own bedroom and was sleeping there. Across a very small...
GRACE: Well, hold on, Susan.
GRACE: Susan, let me add into what you`re saying. I want you to add this into the mix.
Everybody, we are taking your calls tonight. Bombshell. Baby Ayla`s blood, a 1-and-a-half-year-old baby girl, has been found in the basement of Daddy`s home. Daddy sleeps in that basement.
I want to go back to what you were saying, where everybody was sleeping that night. You got Daddy, Daddy`s girlfriend, Daddy`s sister. They`re all in the home. Each one of them has a separate child.
CANDIOTTI: That`s right.
GRACE: According to ABC News, the father told them he was sleeping with Ayla that night. Now, I know a lot gets lost in translation. But by my count, you`ve got that story, according to ABC News. You`ve got the story that the two infants were sleeping together in a bedroom. Now we`ve got another story, Ayla is upstairs sleeping by herself, where Daddy and girlfriend are sleeping in the basement with her son.
Is that the most recent story you know, Susan?
CANDIOTTI: That`s the most recent story I have. Plus, you also have Ayla`s aunt, who also has a little girl, and she was sleeping with her daughter in her first floor bedroom. So you`ve got three bedrooms upstairs and Justin downstairs.
GRACE: With me, CNN national correspondent Susan Candiotti. She has been in the home. Susan, when you went into the basement, what did you observe?
CANDIOTTI: Didn`t go down to the basement, but I could see into the basement. And that is where Jason (SIC) spends his time. He was down there, but didn`t invite me downstairs.
GRACE: Got you. Susan Candiotti joining us and taking your calls.
To John DePetro, WPRO host. John, not only this, Mommy and Daddy unite just recently at a public appearance, and they look like they got along great. I mean, if the baby daddy in my life wasn`t coming clean, oh, you know, I`d have a few words with him.
But also we learned that when police confront Daddy with the crime scene photos of Ayla`s blood, he gets so freaked out, he gets up and leaves the police station, DePetro.
JOHN DEPETRO, WPRO: That`s right, Nancy. That`s the word, that when they first confronted him with those photos, that he walked out. It was interesting to see the parents for the first time since little Ayla went missing, that they were together, they had some very private conversations. But make no mistake, Nancy, Justin DiPietro did not want to talk about the blood on Saturday.
GRACE: I noticed that. People kept asking him questions and he wouldn`t comment on it. And he and the mom were all hugging all over each other. Whatever!
GRACE: Well, Lorna, how about asking questions about it, asking questions about how it got there, what kind of blood evidence was it, crying, you know, showing grief, instead of jumping up from the table and taking off? What about that?
GRACE: All right. All right. I`ll go with that. With me right now is a special guest, Stephen McCausland, spokesman from the Maine State Police, just joining us. Sir, thank you for being with us. What can you tell us about the blood evidence that we`re hearing about tonight?
STEPHEN MCCAUSLAND, MAINE STATE POLICE (via telephone): Thanks for having me on, Nancy. And I want to compliment you. I know last week, you devoted 40 minutes one night to this case. It means a lot to the people of Maine that it`s still in the headlines and still being discussed nationally. And I thank you for that.
I want to -- the blood -- Susan basically revealed what we`ve talked about. We`ve confirmed there was blood in the basement, and we`ve confirmed that some of those samples were Ayla`s. We haven`t discussed the quantity, nor am I going to tonight. But we find the discovery of the blood troubling.
GRACE: I agree with you. With me, spokesman from the Maine State Police, Stephen McCausland. They`ve been looking 24/7 trying to find baby Ayla. They have revealed one way or the other that they do not buy the family`s story that there was an intruder that took the baby. Nobody heard a thing, no forced entry. In fact, they say they don`t believe baby Ayla was ever kidnapped or that she walked off on her own.
Stephen, I understand you`re not -- you can`t give me a lot. But can you tell me what type of a blood stain was it, was it a drop, was it a smear or was it spatter?
MCCAUSLAND: I can`t get into any of those details, Nancy, other than I can confirm some of the blood was Ayla`s.
GRACE: Was it in a bathroom?
MCCAUSLAND: Again, same answer. Sorry.
GRACE: OK, Stephen. I`m going to try again. You can`t accuse me of giving up easily. Was it in Daddy`s bedroom?
MCCAUSLAND: Don`t mind the questions, but don`t mind my answers. We`re not getting into that, Nancy.
GRACE: With me, spokesman for the Maine State Police, Stephen McCausland.
Bombshell tonight. After weeks of looking and trying our best to help find baby Ayla, the sobering discovery baby Ayla`s blood is found in the family basement where Daddy sleeps.