Prosecution's Case at Trial (Part Two)

 

Those who've listened to Dead and Gone will likely recognize that much of what I've collected and assembled in this and the previous five posts was not critically examined or discussed in the podcast.  And I think that crucial pieces of forensic evidence were either overlooked or omitted by the podcasters.  These crucial pieces of evidence are the brutality of the beatings Mary and Greg suffered and the fact that Mary was shot in the face.  In my next post, I'm going to rely upon the work of Gabrielle Salfati and David Canter (specifically Differentiating Stranger Murders:  Profiling Characteristics from Behavioral Styles, 1999) to make the argument that the forensic evidence given below provides empirical evidence that may say something aboutthe characteristics of the person who murdered Mary and Greg.

Mary

"Dr. John Iocco, a pathologist with the Institute of Forensic Sciences, testified that he performed autopsies on the bodies of the victims. Mary's body was clothed in blue denim shorts over purple running pants, a blue sweatshirt, a white pullover shirt, a white slip, athletic socks and running shoes. The upper snap of the shorts was undone and the zipper was substantially down. The right side of her face bore a gunshot entry wound; the exit wound was on the left side of her face. There were multiple bruises and contusions and other signs of blunt trauma to the body, all of which appeared to have been inflicted before Mary's death. Additionally, her back bore approximately 100 post mortem abrasions, probably the result of being dragged over asphalt or dirt. The gunshot entry wound had lacerated the carotid arteries and jugular veins; the neck and face showed multiple bony fractures as a result of the wound. The top of the voice box, or epiglottis, was lacerated. There was a hinging fracture of the skull and blood in the brain. There was also extensive fracturing of the jaw and teeth." (People v. Thomas, p. 2)

"Jack F. Richardson, a firearms expert, described the differing ballistic properties of .44 magnum handguns and rifles. Based on his examination of post mortem photographs of Mary Gioia's wounds, he opined that the exit wound would be normal for a high-powered rifle or shotgun, but was inconsistent with any he had seen made by a handgun. Richardson testified that the .44 magnum is the most powerful handgun on the market." (People v. Thomas, p. 2)

In a chapter covering the preliminary hearing, Patricia Gioia notes this from Iocco's testimony:  "[Mary] had bruises to her chest inflicted by a blunt instrument.  When asked if it could have been caused by the muzzle of a rifle, Iocco replied, 'Yes,' to the objection of the defense." (Berkeley Marina Murders, p. 110)

Later, in her chapter covering the second week of the trial, Gioia reports part of the prosecuting attorney's argument that the murders gave evidence of pre-meditation.  She writes, "[Anderson] cited the forensic pathologist's description of the injuries incurred on the victims before death and also that the butt of the rifle was used on Mary." (Berkeley Marina Murders, p. 154)

Greg

"Dr. Iocco testified that there was a three-inch by seven-and-one-half-inch combined entry and exit gunshot wound on the left side of Greg's neck. There were lacerations and bruises on the face, neck, and arm, and over each knee. All of these injuries were inflicted prior to Greg's death. Dr. Iocco testified that bruising below the beard area on Greg's neck could have been caused by a choking hold. Greg's back bore scratch marks that could have resulted from falling down or being dragged. The cause of Greg's death was the effects of the gunshot wound to his neck." (People v. Thomas, p. 2)

It must be added that, in his dissent, Justice Mosk notes the following about the injuries incurred before Greg's death: "Here, there was considerable evidence of bruises and lacerations preceding Kniffin's death, including evidence that he had been struck by a gun barrel." (People v. Thomas, p. 34)