Showing posts with label Luke Mitchell. Show all posts
Showing posts with label Luke Mitchell. Show all posts

Monday, December 29, 2014

Luke Mitchell and the Satanic Struggles

Wednesday November 23, 2011: The Supreme Court(UK) backed judges in the High Court(Scotland)who had previously refused Mitchell the right to appeal again.

Maggie Scott QC said the Crown had relied on evidence of Mitchell’s comments and demeanor during the lawyer-less police interview, resulting in “a fundamental unfairness amounting to a denial of justice”.

Last year, the Supreme Court ruled that evidence taken from a police interview where a suspect was not first offered access to a solicitor was unreliable and could not be used in court.

However, in the instant ruling it respected the “finality” of the rejection of Mitchell’s appeal against conviction in May 2008 and did not believe there were any live matters that would lead the court to re-open his case.

At appeal in 2008, the justices criticized the “overbearing and hostile interrogation” by police of the teenager during the investigation in an attempt to gain a confession. However, the justices noted Mitchell had not been cowed nor submitted to the pressure.

The Supreme Court said that verdict marked the end of the case.


UPDATE:
The Scottish Criminal Review Commission rendered its uniquely absurd conclusion quite some time ago which left Luke Mitchell virtually without any further hope of release. However the commission has now ordered that murder victim Jodi Jones clothing be re-examined forensically since the scientific state of the art has changed in the interim and usable profiles might yet be obtained.

Four men were believed to have left their DNA on, in or inconveniently close to the corpse, but none of the four were ever arrested or considered suspects. One of the men when questioned, though not as a suspect, was provided by the police with a reason his dna might have been on the victim's tee shirt. The victim's sister later married one of the men whose dna was found at the crime scene.

A few days after the announcement of further dna testing, Corrine Mitchell's Caravan Park was fire bombed by "persons unknown".

Saturday, November 26, 2011

Luke Mitchell: Final Word from the Supreme Court

Wednesday November 23, 2011: The Supreme Court(UK) backed judges in the High Court(Scotland)who had previously refused Mitchell the right to appeal again.

Maggie Scott QC said the Crown had relied on evidence of Mitchell’s comments and demeanor during the lawyer-less police interview, resulting in “a fundamental unfairness amounting to a denial of justice”.

Last year, the Supreme Court ruled that evidence taken from a police interview where a suspect was not first offered access to a solicitor was unreliable and could not be used in court.

However, in the instant ruling it respected the “finality” of the rejection of Mitchell’s appeal against conviction in May 2008 and did not believe there were any live matters that would lead the court to re-open his case.

At appeal in 2008, the justices criticized the “overbearing and hostile interrogation” by police of the teenager during the investigation in an attempt to gain a confession. However, the justices noted Mitchell had not been cowed nor submitted to the pressure.

The Supreme Court said that verdict marked the end of the case.

Thursday, June 30, 2011

Jodi Jones, RIP

Murdered June 30, 2003.

Her fourteen year old boyfriend in prison for life.

The three men whose DNA was at the crime scene, never considered suspects, much less arrested or charged. Usually males whose DNA is found on, in or somewhat inconveniently close to the corpse of a raped and murdered fourteen year old girl are considered to be suspects in that rape and murder, but the Lothian and Borders Constabulary maintains that this was not a sex crime. Right from the start, the cops focused solely on the boyfriend whose DNA was not found on, in or near the corpse and who was spotted by two separate individuals to be sitting on a fence in a calm, composed manner with no scratches on his face or blood on his clothes.

Tuesday, June 21, 2011

Luke Mitchell to be released by Supreme Court

Amidst much crying and carrying-on by Scottish politicians, the Supreme Court, an English court, will order the release from custody of Luke Mitchell, convicted of murder under Scots Law which at the time allowed initial interrogation without counsel. Under the Cadder decision allowing counsel at initial interrogation in accordance with the European Commission on Human Rights, Luke Mitchell was deemed to have been denied a fair trial.

Of course, why on earth a 14 year old boy whose dna was not found at the crime scene was tried when the three males whose dna was found at the crime scene were never considered suspects was not considered by the court. Nor did the court consider the massive press coverage about Luke Mitchell's supposed Satanism or fascination with Marilyn Manson simply because a Manson CD given to him a week after the murder was found in his house.

Amidst all the palaver about an English court being allowed to undermine Scots Law it should perhaps be remembered that if the Luke Mitchell case is an example of what Scottish police, Scottish prosecutors, Scottish judges and Scottish juries can do, then I submit that at long last Scots Law should indeed be undermined.

For those of you requiring an introduction to the Luke Mitchell case suffice it for me to say that the Lothian and Borders Constabulary promptly decided that fourteen year old Luke Mitchell would be considered the sole suspect in the murder of his fourteen year old girlfriend. The police did not seem at all troubled by Luke Mitchell having no scratches and having left no dna at the crime scene. The police therefore decided to ignore the three males whose dna was left on, in or inconveniently close by the corpse despite the fact that the three males had chosen to adopt various actions such as leaving the area, giving rather unusual explanations for their scratches and altering their appearance.

Soundly condemned by the press, termed a devotee of Satan and Marilyn Manson and banned from attending school Luke Mitchell endured hours of police questioning without benefit of counsel. After trial under circus-like conditions wherein he was denied the use of dna experts, he was convicted of murder and sentenced to a minimum term of confinement of twenty years even though it was clear that the notoriety of his case meant that he would serve the full life sentence without ever being allowed parole. Countless appeals to the Scottish Courts availed him naught. Even his petition of Nobile Officium presented at the Court of Inner Sessions fell on deaf ears.

Finally, the English Supreme Court will be ordering his release since his being denied counsel at the initial interrogation has been ruled to be a denial of fundamental human rights protected by the European Union. While Scottish politicians are bemoaning the destruction of Scots Law, it is perhaps time that we should all rejoice that at long last common sense seems to be prevailing.

For those of you who find such matters to be of interest, there appears to have been no comment made by the sister of the homicide victim who soon thereafter married one of the men whose semen was found on the victim’s tee shirt and underwear.

An earlier posting on this case is herewith set forth for the convenience of the readers:

A Final Incompetence …

Their Lordships, the five Justices of the High Court of Criminal Appeals, formally severed Luke Mitchell’s appeal from the proceedings since he was not then represented by counsel. This was done so as to give him additional time with which to seek the advice of counsel but the justices formally advised Luke Mitchell they would expect any such advice of counsel to be consonant with a recognition that the present proceedings as continuing against appellant Nat Fraser declared the grounds of the appeal to be legally incompetent.

Oh what a fine nicety of the law! We are not now denying your appeal because you don’t have a lawyer and we are giving you time to go get a lawyer but its obvious you will never be able to actually get a lawyer since we are now formally announcing your appeal to be legally incompetent.

What an awful mess. At age 14, Luke Mitchell gallantly set forth in the night to search for his overdue 14 year old girlfriend. Each and every member of the small search party stated to police that Luke’s dog created a ruckus at a small cleft in the wall and only then did Luke Mitchell proceed to discover the naked and woefully bloody corpse of his girlfriend. After extensive and persistent police questioning the witnesses changed their recollections as to the dog having located the corpse rather than Luke Mitchell having done so. This of course gave the police, the prosecutor and the press the opportunity to repeatedly point out that Luke Mitchell had guilty knowledge of the corpse’s location.

The press repeatedly harped on the fact that the injuries to the corpse bore a resemblance to the injuries suffered decades earlier in the Black Dahlia case that was oft mentioned by rock star Marilyn Manson. The press informed the public that Luke Mitchell was an obsessed fan of Marilyn Manson but failed to point out that there was not one reference on Luke’s computer to the Black Dahlia and that the only Marilyn Manson CD found in Luke’s home was one that was purchased after the murder. The press repeatedly described Luke Mitchell as a devotee of Satan but failed to point out that the school book scribbling they repeatedly described as satanic was in fact a quotation from a very popular computer game.

His girlfriend had struggled valiantly suffering extensive defensive wounds and almost total exsanguination but Luke Mitchell had nary a scratch nor a single drop of blood on him.

Although it was publicly announced that the crime was murder not rape semen was found on the girlfriend’s body yet it was not from Luke Mitchell.

Meanwhile the police, prosecutor, press and public show not the slightest interest whatsoever in a male known to have been fond of the location where the body was found, known to have appeared disheveled at the time, known to have borne the next morning facial scratches for which there were absurd and ever-changing explanations and known to have penned an essay about having killed a girl within a week of the murder.

Ah the ever so fine niceties of the law: we will give you additional time to try to get a lawyer to represent you in a futile appeal but we won’t even question much less arrest or prosecute the facially scratched violence-prone druggie and sex-offender whose dna was found on the corpse.

What is the use of having dna databases if such evidence as semen found on a murder victim is ignored? What is the use of having advanced forensics if a corpse is allowed to remain out in the woods unprotected from overnight rains and morning dew that will clearly wash away evidence deposited by the attacker? What is the use of having juries if they accept ownership of a Marilyn Manson CD as proof of murder? What is the use of having guidelines for the questioning of a 15 year old youth if all judges do is mildly rebuke the police for their obvious excesses?

Clearly, the one lesson to be learned is that when the police want you they will not shift their focus elsewhere. Obtaining counsel may availeth naught but going without counsel is utterly absurd. The police, prosecutor and press have all railroaded Luke Mitchell and allowed a known sex offender to go un-prosecuted.

Sunday, April 24, 2011

Luke Mitchell

Yeah folks, more bad news from the courts for Luke Mitchell. His appeal to have the Cadder decision regarding a suspects right to counsel during police questioning was denied.

You all remember Luke Mitchell don't you. Arrested for the murder of his 14 year old girlfriend despite his dna not being at the crime scene and there being no forensic evidence linking him to the scene at all. He was observed shortly after the murder sitting on a fence in a calm manner and bearing no scratches, blood or disarranged clothing.

Yet, three males whose DNA is either on, in or inconveniently close to the corpse were never arrested or even questioned as suspects despite their attempts to alter their appearance, the scratches they bore following the murder and the ever-changing stories they related.

Luke Mitchell was promptly booted out of school, termed a Satanist for some scribbling on his schoolbook that was a quotation from the best selling video game at the time, depicted as a devotee of the Black Dahlia murder despite the fact that he had never heard of it.

Life with minimum confinement of twenty years. And as they say in UK prisons, the guards are constantly seeing to it that he is "shaking it rough" which means doing what in the USA would be referred to as very hard time.

While the UK tabloids carry the usual mouthings about the over one hundred thousand pounds the appeals have cost there does not seem to be any comparison of that amount to a forensic tarp which might have covered the body on rainy night and thus preserved forensic evidence.

Friday, September 3, 2010

Luke Mitchell case to be reviewed by SCCRC.

The Scottish Criminal Convictions Review Commission has notified Luke Mitchell, now a prisoner serving a Life Sentence for the murder of 14 year old Jodi Jones that his case will be reviewed. The communication from the SCCRC did not indicate any dates but this usually takes at least six months and in a case that has achieved such notoriety it is likely to take longer.

For those unfamiliar with this case:
Jodi Jones put up a great struggle yet her boyfriend, Luke Mitchell, had no scratches and was shown to be calm and normal when interacting with his friends about twenty minutes after the alleged time of the murder. Three men whose dna was found on, in or near the corpse were never arrested or considered suspects; Luke Mitchell whose dna was not found at the scene was convicted of murder. Two of the three men concealed themselves and altered their appearance soon after the murder. The sister of the deceased victim later married the man whose semen was on Jodi's shirt and bra. A third man stated that he had deposited his semen in a condom found near the corpse while he was alone in the woods with no one nearby. He stated that he did not see the naked corpse at his feet and he claimed that this event took place at a time when local reports indicate it was raining heavily. Despite his semen being found near the corpse of a 14 year old girl, he was not arrested or charged with her murder as the Lothian and Borders Constabulary apparently believed his statement about his using a condom despite there being no one else present at the time.

Friday, July 9, 2010

Luke Mitchell ... Absurdities in the Press

Well, the anniversary of Jodi's murder has passed. The various placement and prompt removal of Sunflowers have taken place. Now the press has come up with an article about Luke Mitchell having sought grief counseling while in prison. We don't know for sure what the reliability of the article is but since they got the name of the prison wrong its likely that whoever they were talking to did not know anything at all about Luke Mitchell or his prison routine.

We now also have a newspaper article dealing with a hand written statement said to have been penned by Luke Mitchell and posted on his cell wall. The statement is roughly based on a popular Psalm. Once again, absolutely no verification that such a statement actually exists much less is posted on his cell wall.

It gets so tiresome to see journalism ethics and competence fall so low.

Tuesday, June 29, 2010

Concerning Moratoria, Respect and Celebration.

Tomorrow I will not be posting about Jodi Jones or Luke Mitchell.

I will not now go into an extended statement, let me just say, for the nonce, that Jodi Jones was a 14 year old school girl who was murdered near Roan's Dike Path. The biological fluids of several males was found in close proximity to her corpse. A number of those males bore scratches and promptly laundered their clothing, altered their personal appearance and made no attempt to contact the police.

Luke Mitchell, also 14, bore no bruises, cuts or scratches, called the police promptly, made no attempt to alter his appearance and was in the habit of leaving his clothes on his bedroom floor for his mother to pick up the way all 14 year old boys do. None of Luke Mitchell's dna was found on or anywhere near the corpse or the clothing.

The Lothian and Borders Constabulary promptly dubbed Luke Mitchell their only suspect and never arrested any of the several men whose dna linked them to the scene of the murder. Luke Mitchell, whom police took pains to point out, sported a tattoo, was dubbed by the police as a Satanist due to some quotation from a popular video game being on his schoolbook. The speed with which the police focused on the 14 year old boyfriend was astounding. Also astounding were the police actions in leaving her unguarded naked corpse out in the woods all night during a rain storm.

As this anniversary of Jodi approaches, I will honor the moratorium on postings about the murder. However those who wish to celebrate her short life should perhaps bear in mind that solving the crime is a very good way to go about doing it. For those whose spiritual beliefs allow them to attribute any desires at all to Jodi Jones, I'm sure they can attribute to her a desire to see her boyfriend free from the restraints of his prison cell. I do not think that there should be any moratorium on seeking justice or seeking freedom for the wrongfully convicted.

I shall however abide by the moratorium.

Friday, June 18, 2010

Females on investigative teams ...

The advantage of having a female on an investigative team!!

Scenario: Borrowed tee shirt on victim, donor of semen found on tee shirt and bra lived with the owner of the tee shirt. Cops thought transference although amateur sleuths were quite dubious about innocent transfer.

Female sleuth pointed out: Tee shirt being black would never have been put in the same laundry load as a white bra.

Tuesday, May 11, 2010

Luke Mitchell...further information

Recapitulation:
Luke Mitchell the 14 year old boyfriend of 14 year old murder victim Jodi Jones was the immediate suspect and the police rather obviously never even looked elsewhere. Perhaps they had some early confidence that the forensic evidence would bear out their views but none of Luke's dna was found on or near the corpse and Luke's clothing and person were utterly devoid of even the slightest speck of blood or scratch or other evidence.

The police repeatedly described the attack as not a sex crime despite three separate men's semen being found on in or near the corpse. The socks were folded over the victim's otherwise naked body suggesting sexual deviancy which is lacking in the boyfriend.

The pathologist stated that the victim's mutilations bear only the slightest resemblance to the Black Dahlia's mutilation which was depicted on the Marilyn Manson website. Luke Mitchell, although described by the police as obsessed with Marilyn Manson, merely had been given a magazine that contained a Marilyn Manson CD and this gift took place a few days after the murder.

Newspapers and police engaged in a campaign of media vilification and Luke Mitchell was clearly convicted of murder simply because the entire village had heard endless nonsense about tattoos, Satanism, knives and mutilation.

It appears that the family of the victim soon adopted a united front that implicated Luke Mitchell and the family has been obstinate in linking Luke Mitchell's selected path through the woods to the presumed path of the murder victim.

With three paths, the safest being along an open field it is more likely than not the victim took the path that meant crossing a fence and passing nearby an area of known drug dealers. Instead the family and police took the view that the victim chose Roans Dike Path, on which she encountered Luke Mitchell and was forced over a nearly six foot wall and then killed.

There is considerable reason to doubt the information given by the victim's family to the police. Indeed there seems doubt at to just why when police wanted a photograph of the victim to put on flyers and on the TV the only photo they were able to obtain was that of the 14 year old victim as a 5 year old girl. With an obstructionist family the police should have been more suspicious of the blood relatives of the victim. It boggles the mind to think that a truly concerned family would resist providing a recent photograph. Perhaps they had difficulty finding one, but it seems that they found flashlights and batteries with which to conduct a search quite rapidly. In fact according to one time-line they found the equipment and embarked on the search five full minutes before learning she was missing, strode in a direct and purposeful manner to the right area and there began the searching behavior.

And it seems the police never even considered anyone but the boyfriend in this attack they repeatedly describe even to this day as non-sexual.

Saturday, April 24, 2010

Luke Mitchell hearing

April 28, 2010 at 10:30am in High Court in Edinburgh.

The motion relates to a removal of the twenty year minimum prison term of his life sentence based upon the Tender Years doctrine. Even if the court does remove the mandatory twenty years confinement provision of his life sentence it is unlikely the parole board would release him even at that 20 year mark.

Formal decision expected within three months.

NOTE: At an earlier proceeding Luke Mitchell was unrepresented by counsel and therefore the court did not formally dismiss his Nobile Officium petition but indicated they would allow him time to seek representation but that if any counsel were obtained counsel should be informed that the petition would be held to be legally insufficient and without merit. At this proceeding, Luke Mitchell was represented by counsel and so the petition was formally dismissed and the question of the 20 year minimum confinement was taken under submission.