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The Philip Chism Trial Day 4: The Judge Got Mad Edition

November 22, 2015

Still on the borrowed computer that is older than dirt.

So, as I feared and predicted, the Judge was not amused in the slightest with the shenanigans of the pool cameraman. I do not know what exactly this particular idiot was thinking, but he fucked us for a live feed for the foreseeable future. I fucking hate this bullshit of let’s see how far across the line we can get. He didn’t just cross it, he pole vaulted across that fucker. Showing jurors faces, zooming in on the prosecutors notes, etc. Judge Lowy has  always been a huge proponent of cameras in the courtroom, he gives leeway if it is accidental, but this was so blatant that he pretty much lost his shit.  He did not say the cameras were banned for the remainder of the trial, but cameras are likely banned for the duration of the trial.  Maybe he will allow a different operator or something.

Mr. Pimentel, the Spanish speaking gentleman was back on the stand today.  His English is quite poor, but for the life of me I cannot understand how his supervisor Danny could possible confuse blue and blood, no matter how thick the accent. They just do not sound anything alike, in English or Spanish.  Danny apparently just gave him a hose and a key to turn the tap on.

Pimentel, doing his job, hosed down the floor and walls, then got a floor cleaning machine and then for good measure he used a mop and bucket.  Everything had cleaning solution in it so bye bye DNA.  In total the bathroom took about 45 minutes to clean and Pimental said that since his boss was not concerned, neither was he.  Let that sink in.  45 minutes to clean up all the blood in the girls bathroom at a high school.  A room roughly the size of my laundry room.  That my friends is a lot of blood.

Defense was up for cross examination and still asking some of the most mundane questions I have ever heard in a court room, which makes me wonder exactly what kind of fuckery they have up their slimy little sleeves.  First question was “have you ever seen so much blood there before?”  Think about that question for a moment. Is the defense trying to infer that blood in the bathroom in large quantities is a fairly regular occurrence?  Does he mean as opposed to say someone who has their period and decided to just let her rip on the floor? Is he just an idiot?  You decide. Pimental answered that nope, nuh uh, he had never seen that much blood in the bathroom before. The next question was “did you tell the prosecutor it looked like a slaughterhouse?” That was answered in the affirmative and just like that Pimental’s cross examination was over.

Former custodian Dan Marshall was next up on the prosecutors list of basically useless witnesses.  Just as an aside, if I ever get murdered in Mass.  Someone please move my body to an adjacent state.  Thanks.

Dan Marshall testified that he thought that Pimental was saying blue not blood and he thought a bunch of cleaner had been spilled. So instead of going to look for himself he just handed over a hose and a key and probably went back to watching internet porn or whatever had him so busy he couldn’t go see if maybe Pimental even needed a respirator or something with a bunch of industrial cleaner spilled all over the place. Once again the defense had no questions and Danny was excused.  Not for being a complete idiot, just from the stand.

Kelly King a forensic scientist with the state crime lab was then called by the prosecution. (I’m sorry, I’m in shock that they have a crime lab. Please give me a moment.)

Apparently, King was on site and as they were walking back a trainee noticed a toe with nail polish sticking out of the leaves.  King went back with a paramedic and uncovered the rest of Colleen.  The paramedic checked and said that she was deceased.  She was naked from the waist down and had been heavily beaten and raped.

King went to the bathroom and despite the cleaners best efforts to totally eradicate all the evidence, she found several blood stains on a wall and in the stall.

The prosecution has brought out round six hundred of the exhibits. First is a blood caked white glove, and then the other. Next was the note found saying I hate you all.  Then a sock and a yellow backpack with Jism’s identification on top of it. The backpack itself was stained with blood.  The rest of the parade of recovered clothing is brought out, both Jism’s and Colleen’s pants and underwear again. Jism’s blood stained jeans had the jury’s rapt attention.

Defense is now up. Let us see what asinine questions they ask this witness.  First question Osler asked was about the wounds.  They were very deep cuts was the reply. Jizzy perked up considerably once they started talking about his handy work.  He listened intently with a hint of a leer on his face.  Osler wants to know why there was such a small amount of blood found with the body.  That would be because she bled out in the bathroom and all over Jism you stupid, stupid person.  King didn’t say it, but you know she was thinking it.   There was a sidebar and when it was over there were a couple of questions about the tree branch that was used to violate Colleen some more and the defense released the witness.

Next on the stand was the paramedic who pronounced her pretty fucking dead.  No questions from the defense and he was done.

Now the prosecution started calling students. The first one up was the one I was waiting for; Emily.  Emily was one of the people that saw fuckwad rolling the recycle bin.  She was not supposed to be there, she was supposed to be at track practice but she had shin splints and instead she was seated at a picnic table doing homework when the murdering fuck wheeled on by.  Big man who likes to kill tiny little teachers was having a difficult time of it.  She watched him wrestle with the bin for about five minutes.  No questions from the defense because what the fuck could they possibly say with that print powder covered bin sitting prominently in the courtroom.

Last witness of the day was another student who was in Colleens class with Jackoff, I mean Jism that day. She stayed after school to get some help but ended up just drawing on the chalk board and talking with Colleen.  She wasn’t really listening to what they were talking about but said Jism seemed angry when Colleen left the room. She said before she left she told Ms. Ritzer what a great teacher she was and that seemed to piss the psychopath off.  She was the last person besides the fuckwad to see Colleen alive.

There was a sidebar and court was called for the day.

So, here are some things to ponder since lots of people are asking.  Jism definitely got blood on him, but I think he slit her throat from behind which is why his dominant hand was completely soaked in blood compared to the rest of him.  Once most of the arterial spray had subsided he spun her and did what he did and that is how the blood got on the shirts and pants.  The first pair of shoes was covered likely from a heavy rain of gravitational blood.  The second pair if you remember had only a couple of gravitational drops likely from when he was moving her.  I am also fairly certain this is not the first time the psycho has killed something or someone using a blade.  He was waaaaaay too prepared.  Scarily prepared. Like Ted Bundy prepared.

So, there you have it, Day 4, sorry for the delay.

RBMD Peacing the fuck out.

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The Really Big Mean Dog School Of Law: Terms You Will Need To Know

October 26, 2015

Good evening class.  Please settle in and take your seats as there are several terms we need to cover this session.  They WILL be on the exam.

We will start off with an easy one.

Kidnapping.  Now, when most of you think of kidnapping I am sure LIam Neesom and his particular set of skills pops into your head.  Kidnapping from a law perspective can be said grabbing and removing someone to another place right down to holding someone in a room that they do not wish to be in.  In Canada we call that forcible confinement but hey whatever, kidnapping sounds way cooler.

Charged:  Police, if they feel they have enough evidence will charge you with an offense.  This is not the end of the line.

Indicted:  Once you are charged, a grand jury is convened where the facts of the charges are put forth.  From the grand Jury you are either no billed which means you get to go back to killing cats in your backyard, or yes billed in which case you just became every so much more fucked than you were before you were indicted. Indictments include all the horrors of whatever crimes one has been indicted for.

Not Guilty Plea:  You feel like you might be able to convince a jury that you didn’t do it.

Guilty Plea  You know exactly how fucked you are and are hoping for leniency in return for not having a trial.

Aggravated Rape  An aggravated rape is an offense of rape that is committed under circumstances which render the offense more heinous. The severity of the crime may be increased because of factors such as age of the victim, blood relationship between the accused and the victim, the victim is aged, the offender is armed with a weapon,  The exact definition of the term varies from state to state and from nation to nation. An aggravated rape is different from a forcible rape. Rape which occurs during commission of specified crimes, such as assault and battery by means of dangerous weapon, constitutes aggravated rape, punishment will be harsher.

Insanity Defense: A defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the acts. Cuz totally preplanning the whole fucking thing totally shows that.  Just sayin’

Being Tried As An Adult: Since the early 1990s many states have adopted a “get tough” approach to juvenile justice as a response to the increasingly violent crimes committed by children. As of 2003 most states had adopted legislation that permits children as young as 14 to be tried as adults under circumstances of rape, torture, murder (oh look, Jism hit the trifecta). In some states, such as Indiana, South Dakota, and Vermont, children as young as 10 can be tried as adults.

Coercion:  What you start screaming the second you realize that all those cop shows that said you have the right to remain silent might have been saying it for a reason and giving a recorded and videotaped admission may have been a really bad idea.

Parental Unit  The one in the corner wringing their hands  and trying to explain that their precious little snowflakes loves soccer and soccer players don’t hurt people.  When that fails to garner attention they will often start yelling coercion.

There you have it class.  Please commit these to memory we will need them for the upcoming trial.

RBMD peacing the fuck out!

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I Decided To Go Spelunking And See What I Could Find.

October 25, 2015

Good day everyone.  Your Law Professor/Dean of Fuckery/Doctor of Doctoring/Honorary DVM and Queen of all I survey has been doing a little bit of background on our precious little snowflake Philip Jism.  I had to look under a lot of rocks and at a lot of nasty bugs but I did find a veritable cornucopia of EWWWWWW.

Let us start where all good psychopaths start, at home.  Diana Jism, mom of Beelzebub was asked down to the station in hopes she might know where Colleen Ritzers body was.  She asked if she would require a lawyer and then went on to chat about how much Satan loves soccer and how he had only been in trouble one time in the two whole months he had been at Danvers High School.  At this point she was unaware that he was at the station.  Once she found that out the  first words out of her mouth were “did he hurt somebody?”  She thought it was the Spanish teacher.  Not another student but the Spanish teacher.  She admitted having no idea what her kid was doing between the end of school and when soccer practice started.  The next words out of her mouth and the ones that burn my ass like I ate a jar of hot sauce for dinner were “I do know he is capable of snapping, my son could have snapped, he is capable of that.” 

So, mom of Jism knew she had a rabid dog on her hands, failed to get any kind of intervention for said rabid dog like councelling  or a psychiatrist and sent him off to school every day.  She should need a fucking lawyer.

Moving on to the next rock lets bring out the legal aid attorneys.  I know we talked about who they are but now lets take a look at what they have done so far.   Firstly, I’d like to add the caveat the everyone has a job to do.  ditch diggers dig ditches, garbage men pick up garbage and legal aid attorneys do their best to get their slimball bastard clients off.   You know how in class there is always the top of the class and then that guy that barely makes it through?  Welcome to legal aid.  Thus far they have had his confession tossed as being coerced, they have pleaded Jism not guilty and have tried but failed to have him tried as a juvenile and to have the venue moved.  This is the job they get very  little money to do.  Now, since they are aware they are pretty much screwed they have decided on an insanity defense.  Just to waste some more time.  And money.  Billable hours add up you know.

Rock number 3 brings us to Philip Jism and it was a particularly icky one.  Covered in slime and crawling with bugs.

Jism has been a busy little Psychopath.  Not only did he rape, kill and desecrate the body of Colleen Ritzer, the sweet gentle little snowflake also made time to assault a staff member at the department of youth services in June.  He “allegedly” tried to strangle the woman at the Metro Youth Facility.  He followed her into a bathroom, and assaulted her until co-workers heard her scream and rushed in to help.  Charges are attempted murder by strangulation, assault with intent to murder, kidnapping and two counts of assault and battery with a dangerous weapon.  My goodness, if I didn’t know any better I’d say our budding your psychopath has a modus operandi.

The insanity defense I am pretty sure came from Jism, the lawyers are just going with it.  All of a sudden, Jism is hearing voices, banging his head off of things and asking officers to shoot him.  I wonder if that would count as assisted suicide and we could just be done with this.

This brings us to now. Jury selection has been halted while we play out this little charade of insanity.  Totally a Judge David Lowy ordered an evaluation which could take up to 20 days. He is being evaluated at the Worcester Recovery Center and Hospital where he is being held in an adult locked unit and has no access to any unsecured areas.

Lead prosecutor Kate MacDougal while rolling her eyes so hard they almost bounced across the room said she expects the exam will find Jism completely competent.  He has a long and storied history of manipulation to get what he wants.

I turned over a lot of rocks.  You’re welcome

RBMD Peacing the Fuck Out

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Let’s Meet The Players In The Chism Trial

October 21, 2015

It is never a bad thing to be somewhat informed before trial commences.

Definitely A Judge David A Lowy
Education: University of Massachusetts, Amherst, MA
B.A. in History, cum laude, 1983
Phi Beta Kappa, Honor Society, Phi Kappa Phi, Honor Society

Boston University School of Law, Boston, MA
J.D., magna cum laude, 1987

Employment and Teaching Experience
-New England School of Law, Boston, MA
Adjunct Professor Evidence, Criminal Procedure, and Criminal Procedure Clinic (September 1991-present)
-Suffolk University Law School, Boston, MA
Adjunct Professor Evidence, Criminal Procedure Clinic (1995-present)
-Commonwealth of Massachusetts, Superior Court Department
Associate Justice (August 2001 – present)

Notables on the Chism Case thus far
He ruled that Philip would be tried as an adult.

He denied a motion to seal evidence in the case against Chism, and in doing so issued a ringing defense of the First Amendment and the public’s right to observe the machinery of the justice system in all aspects of its operation.
The proceedings against Chism are in the pretrial phase, with prosecutors and the defense haggling over evidence and making preparations for jury selection. The judge’s decision involved a defense motion to impound a transcript and videotape of Chism’s statement to police on Oct. 23, 2013. In that statement, Chism allegedly confessed to killing Ritzer by slashing her throat with a box cutter.

Chism’s lawyers want to bar prosecutors from using that statement as evidence against him at trial. The defense also filed a motion asking Lowy to impound the transcript, claiming its release would taint the pool of potential jurors.

The Eagle-Tribune and The Salem News, as well as The Boston Globe, filed motions objecting to the sealing of the evidence.

“The presumption is that all proceedings are open and there’s a presumption that exhibits are open as well,” Andover attorney Peter J. Caruso, who represents The Eagle-Tribune, said earlier outside court after filing the objection. “There should be no secret hearing, and there should be no secret documents in a courtroom.”

In his ruling, Lowy agreed, noting that under our common law, the presumption is that judicial records are open to the public. Lowy quoted extensively from prior case law in supporting his ruling.

The Judge has not allowed the confession of the accused stating that it was not clear to him whether or not Chism understood his Miranda rights as read to him.

He has turned down a motion for change of venue requested by the defense team. His most recent ruling was to have the defense turn over the already much argued about interrogation tape due to the fact that he and the state believe that Chism is malingering as far as his supposed mental defects go.

DA’s Kate McDougal and David O’Sullivan

The lead attorney for the prosecution in the Philip Chism trial is well-regarded by colleagues, with extensive experience handling high-profile cases.

Kate MacDougall joined the Essex District Attorney’s office in 2006 as the director of the office’s Family Crimes and Sexual Assault Unit. Prior to that, she was the deputy chief of the child abuse unit for the Middlesex District Attorney’s office.
During her tenure in Essex County, MacDougall has tried numerous high-profile cases, including that of a Salem mother, Kristen LaBrie, convicted in 2011 of the attempted murder of her autistic son Jeremy Fraser by withholding his chemotherapy.

Kate graduated from Northeastern University School of Law and McGill University.
She will be joined by fellow assistant district attorneys Melissa Woodard and David O’Sullivan.

Melissa Woodward is an assistant DA. She attended Northeastern University School of Law
Experience
Deputy Chief, Family Crimes and Sexual Assault Unit
Essex County District Attorney’s Office September 2013 – Present (2 years 2 months)

Assistant District Attorney
Essex County District Attorney’s Office
August 2003 – Present (12 years 3 months)|Salem, Massachusetts

David O’Sullivan is a bit of an enigma. I can tell you he has been practicing for 12 years, is an assistant DA and he is fairly good looking. Hope that helps. I think he may be there to fetch coffee and be a runner since the two ladies seem to have it covered. We shall see.

The We Don’t Have A Defense Team.

Elsie Chandler is giving me a headache and I’m not even sure she actually exists at this point. The only one I can find is in NYC so I’ll have to get back to you on her. Or maybe it’s all part of the insanity defense and she is Jism’s invisible friend. Who fucking knows.

Denise Regan, who actually exists and works on the Chism case is senior trial counsel for the Committee for Public Counsel Services, because Massachusetts is to fancy to say public defender. She’s practiced in Massachusetts for 33 years.

Regan is no stranger to high-profile and emotionally difficult casesThe . She was the attorney for Thomas Mortimer IV, the Winchester man who pleaded guilty in 2012 to murdering his wife, two children and mother-in-law.

On the North Shore, she represented Tanicia Goodwin, a troubled Salem mother of two children she subsequently admitted to trying to kill.

Also on Chism’s defense team are public defenders Susan Oker and John Osler.

The Defense has tapped Dr. Richard D Dudley Jr as their defense expert at to whether our special little snowflake is batshit nuts or just a garden variety malingerer.

Now this dude is no joke and he carries serious weight in the courtroom because he actually tells the truth no matter how much money the defense wants to throw at him. His opinion is going to carry some weight. The good news is that even the people that in his opinion were completely fucked up during the commission of the crime, got convicted anyway.

Juries do not like the insanity defense, that is just a fact.

Of course there are going to be more as this progresses. The State has not announced their expert(s) yet, and we all know how legal teams change. I’ll try and keep it as up to date as I can.

We did get an awesome no nonsense Judge with fills me with glee because there will be no mayweapproachyourhonor. NOT GONNA HAPPEN!!

Works Cited
Eagle Tribune

That’s it for tonight
RBMD peacing the fuck out.

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