"...A THREE-INCH CIRCLE OF HEAVY BLOOD"


CONCLUSION OF FORENSIC EXPERT H. DALE NUTE

THE MOST OBVIOUS AND SIGNIFICANT OMISSION IN THE PROSECUTION'S CASE IS THE THREE-INCH CIRCLE OF BLOOD IN THE DOORWAY BY THE TV. THE OMISSION IS OBVIOUS AT THE CIRCLE WAS DOCUMENTED AT THE SCENE BY PHOTOGRAPHS BOTH WITH AND WITHOUT RULERS. THE OMISSION IS SIGNIFICANT AS THE IDENTIFICATION OF THE MURDER WEAPON IS PROBLEMATIC. MR. KONDIAN REPEATEDLY ADMITS HITTING THE VICTIM WITH A CHAMPAGNE BOTTLE WHILE THE PROSECUTOR ALLEGES THAT MR. SCOTT KILLED THE VICTIM WITH A BEAR STATUE. THE CIRCLE OF BLOOD IS THREE INCHES IN DIAMETER, WHICH IS CONSISTENT WITH A THREE-INCH DIAMETER CHAMPAGNE BOTTLE. A THREE INCH BOTTLE, WHEN STRIKING A SPHERICAL OBJECT THE SIZE OF A SKULL AT AN ANGLE, CAN LEAVE A DEFECT WITH ROUGHLY A 135 DEGREE ANGLE. THE QUANTITY OF BLOOD THAT WOULD HAVE STILL BEEN ON AN OBJECT IN ORDER TO LEAVE THIS AMOUNT ON THE FLOOR TWO ROOMS AWAY FROM THE BODY IS CONSISTENT WITH THE AMOUNT EXPECTED TO BE ON AN OBJECT USED TO INFLICT MULTIPLE BLOWS OF THE INTENSITY INFLICTED ON MR. ALESSI. NOTHING ELSE REPORTED AT THE SCENE, INCLUDING THE BEAR STATUE, HAS ANYTHING APPROACHING THE QUANTITY OF BLOOD THAT WOULD BE CONSISTENT WITH THE MURDER WEAPON. GIVEN THE POSITION IF THE BEAR STATUE IN THE CRIME SCENE, IT IS CONSISTENT WITH HAVING FALLEN FROM THE SMALL WHITE STAND LYING NEAR THE COUCH DURING THE STRUGGLE. THE EVIDENCE STRONGLY IMPLIES THE USE OF A BOTTLE AND EXCLUDES THE BEAR STATUE.


SUMMARY:

THE MOST SIGNIFICANT CRIME SCENE EVIDENCE NOT PRESENTED AT MR. SCOTT'S TRIAL WAS THE EVIDENCE OF A BLOODY CIRCLE ON THE FLOOR CONSISTENT IN DIAMETER TO A CHAMPAGNE BOTTLE AND CONSISTENT IN QUANTITY OF BLOOD TO THAT EXPECTED TO BE PRESENT ON AN OBJECT USED AS THE FATAL WEAPON IN THIS CASE. THIS EVIDENCE IS CONSISTENT WITH THE STATEMENTS OF BOTH MR. SCOTT AND MR. KONDIAN THAT MR. KONDIAN STRUCK THE VICTIM WITH A CHAMPAGNE BOTTLE. THE PROSECUTOR'S INFERENCE THAT THE BEAR STATUE INFLICTED THE FATAL BLOW IS UNSUBSTANTIATED BY THE LACK OF BLOOD ON THE STATUE.

THE MOST SIGNIFICANT, UNSUBSTANTIATED CRIME SCENE EVIDENCE THAT WAS PRESENTED AT MR. SCOTT'S TRIAL WAS THE PROSECUTOR'S INFERENCE FROM HIS EXAMINATION OF CRIME SCENE PHOTOGRAPHS THAT THE ASSAILANT WAS LEFT HANDED THE COMPLEXITIES OF THE VARIABLE INVOLVED IN THIS CASE ARE BEYOND THE CAPABILITIES OF THE LAYMAN TO EVALUATE, PARTICULARLY FROM THE PHOTOGRAPHS AVAILABLE IN THIS CASE. THE PROSECUTOR'S INSINUATION THAT MR. SCOTT WAS LEFT HANDED WAS ALSO UNSUBSTANTIATED BY ANY EVIDENCE.


SUBMITTED BY:

H. DALE NUTE
FORENSIC SCIENCE CONSULTANT
TALLAHASSEE, FLORIDA