The crow eating quest continues!
This Episode continues with the camera on the Power Point Presentation playing the press conference with Ozzie’s very own expert Jarrod Carter. You must keep in mind that Ozzie’s intent in this entire production was to make me out to be a liar, and make me eat crow. I don’t think it is working, but that’s up to you.
As you can see in the video when Carter states that he took a closer look at scene images based upon the plaintiff’s information, I point out that it was the plaintiff’s expert who was responsible for the hat band impression being found in the bumper of the vehicle. Ozzie of course could not stand for that being on his video so he must try and clean that up.
“Brian, did you read the report?” I sure did, and I have no idea how many thousands of police reports I have read. It is funny because when I read the Holyk case file I saw something I have seen hundreds of times, and that is a cop trying to explain away evidence that contradicts the investigative theory. Remember the theory was that Bodman never hit Holyk, so no hit no foul.
Ozzie for some reason tries to demonstrate that it was Carr’s report that was the reason Cater found the evidence that Bodman hit Holyk. When you read Carr’s report that Ozzie was referring to in the images below you might take note of the fact that Carr to explain away the DNA found on the bumper he documents his theory of how it got there if Bodman didn’t hit Holyk primarily based upon the Grant Fredericks analysis. Carr in his report talks about the improbability of Holyk getting up with a broken hand and moving his bike 180 degrees as one explanation of how the DNA got on the bumper. Later in his report Carr specifically attributes Holyk’s DNA being on the bumper as “TRANSFER.”
The truth is “Transfer” without the hat band impression is a plausible explanation for Holyk’s DNA being on the bumper. The possibility of DNA “Transfer” from the victim to other pieces of evidence at a scene is something that every homicide investigator knows must be minimized as much as possible. In the civil litigation, OUR lawyers who are representing OUR County would be remiss if they don’t try and make a point that Holyk’s DNA on the bumper was the result of “Transfer” and not contact. To do so OUR lawyers would also have to beat up on Ozzie’s expert Jarrod Carter. It reminds me a little bit of the Creach case where if it had gotten to trial OUR lawyers would have had to beat up on OUR expert the Medical Examiner Doctor Howard regarding the trajectory of Hirzel’s shot that killed Creach.
You also might want to take note in Carter’s presentation his comments about “speed involved.” Later you will learn that Ozzie still maintains that speed was NOT a factor in the death of Ryan Holyk.
Ozzie wants to get away from my questions regarding the Holyk case and quickly moves on to the Deputies booted out of the Academy.
I want to make something very clear at this point regarding the next issue, which involves things dealing with Ozzie’s hiring practices.
I liked Ozzie’s training Sargent, he gives the appearance of having as much fun as I was, and has a nice smile, he seems like an honest guy to me. He just didn’t like my characterization of a “Bad Hire.”
One very notable admission by Ozzie right here on the big screen is what many of us have known for years, and that is the power of the Law Enforcement Lobby in Olympia. Ozzie even goes into how when he was trying to get this dead from the get go thing passed he was threatened by the Law Enforcement Lobbyist. Even with all the big media productions and stories, it was of course destined to be a failure.
Ozzie was exactly right about the 2003 date regarding the WSCJTC rules about lying Cops. You might note that I told Ozzie I couldn’t remember the dates, and I’d look it up, which I did. The LaFrance case was decided by the Washington State Supreme Court on October 29th, 2009, and is an interesting read if you are so inclined.
https://caselaw.findlaw.com/wa-supreme-court/1500519.html
So far, I have been unable to locate cites concerning Ozzie’s statement that and Arbitration Ruling must precede a Decertification Hearing, I could have missed it but here are some of the places I looked.
http://app.leg.wa.gov/wac/default.aspx?cite=139
http://app.leg.wa.gov/wac/default.aspx?cite=139-06-040
http://app.leg.wa.gov/RCW/default.aspx?cite=43.101
http://app.leg.wa.gov/RCW/default.aspx?cite=43.101.105
https://fortress.wa.gov/cjtc/www/index.php?option=com_content&view=article&id=25&Itemid=26
I am not saying the cites don’t exist, they may, I just can’t find them yet. Even though Ozzie hasn’t answered one post meeting email I will shoot him another one today and ask for the cite. Keep in mind that going after a Cop’s State Certification is an idea to “Break the chain” of the “Cottage Industry” that has been built up surrounding Disciplinary Arbitration for Cops.
HERE YOU GO!
Buffalo Brian Breen 