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Don't Agree With "Guilty" Verdict

 
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JUSTICE1st



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PostPosted: Sat Feb 23, 2008 5:34 am    Post subject: Don't Agree With "Guilty" Verdict Reply with quote

While I know a jury's verdict must be respected, it doesn't necessarily follow that everyone must agree with it. And in THIS case, I do not.

I didn't realize that this "letter from the grave," as it was called, the letter from Julie Jensen, was being given so much importance by both the prosecution and as it turned out, by the jurors as well. Since the letter was handwritten by Mrs. Jensen, I had thought that Mr. Jensen's attorney Craig Albee, would have made a motion to have the letter examined by a professional handwriting expert, to give the expert's opinion as to Mrs. Jensen's state of mind at the time she wrote the letter. That is what an expert is supposed to give an assessment on, and I was very surprised that this step, which I thought was critical to the defense, was not taken and performed during this trial. Not to my knowledge anyway.

Now, maybe he did make a motion to have this letter examined by a handwriting expert, and I also missed the discussion on that issue. If he did, and the judge denied the motion, that would, I think, be one of the items for Mr. Albee to list in his appeal. Since the prosecution introduced the letter, it should have been subject to examination by the defense.

In addition, as someone who has studied handwriting analysis -- also known as graphology -- for almost three years, there were some signs in Mrs. Jensen's writing that bothered ME. However, it wasn't until yesterday (2/21/08) that I saw the full letter being slowly scanned close-up on the television screen. It may also have been done at other times on other days, but unfortunately, I missed those. I have to wonder whether an expert with five or more years of experience would have seen the same signs I did, that something wasn't quite right about the letter, which might have created reasonable doubt in the minds of the jurors, and resulted in a different verdict, or maybe no verdict at all in this case.

To the best of my knowledge, there was no testimony from a handwriting expert for the defense, and because of that, the jury didn't get to hear ALL the facts. When a jury doesn't hear all the facts, they can often reach an incorrect verdict, and in this case, I strongly believe that is what happened.

I hope Mr. Albee will be successful in securing a new trial, and if so, that testimony from a handwriting expert will be included in the second.

J Cool
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Pia



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PostPosted: Tue Feb 26, 2008 3:51 pm    Post subject: Reply with quote

Although I do think he did it, (because of the computer searches) there are a couple of things that bothered me about this case. First, the letter that you mentioned. How was it ever allowed in? From what I heard them say on Court TV/In Session (I'll never get used to that) the judge allowed it using the law, that if a person cannot be cross-examined because the defendant did something to cause them not be there to testify then that evidence could be allowed in... He then found that the defendant did cause it by...MURDERING HER!! HOWEVER, how can a judge say that he caused it when by the law, he was still innocent when this ruling was made? I don’t get it....

The other thing that bothered me was the letter itself. IF this woman was so convinced that her husband was trying to poison her, so convinced that she told people and even wrote this letter, then WHY would she ever eat, drink, anything he ever gave her?

Oh, I realize that we are supposed to respect jury verdicts but there have been too many cases where it has been proven that the jury not only got it wrong, but also where misconduct was accused/proven, that I cannot just respect the verdict just because we should...LOL They are human too and some of them are downright self-righteous and judgmental... Razz
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JUSTICE1st



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PostPosted: Tue Feb 26, 2008 6:16 pm    Post subject: Reply with quote

Pia wrote:
Although I do think he did it, (because of the computer searches) there are a couple of things that bothered me about this case. First, the letter that you mentioned. How was it ever allowed in? From what I heard them say on Court TV/In Session (I'll never get used to that) the judge allowed it using the law, that if a person cannot be cross-examined because the defendant did something to cause them not be there to testify then that evidence could be allowed in... He then found that the defendant did cause it by...MURDERING HER!! HOWEVER, how can a judge say that he caused it when by the law, he was still innocent when this ruling was made? I don’t get it....

The other thing that bothered me was the letter itself. IF this woman was so convinced that her husband was trying to poison her, so convinced that she told people and even wrote this letter, then WHY would she ever eat, drink, anything he ever gave her?

Oh, I realize that we are supposed to respect jury verdicts but there have been too many cases where it has been proven that the jury not only got it wrong, but also where misconduct was accused/proven, that I cannot just respect the verdict just because we should...LOL They are human too and some of them are downright self-righteous and judgmental... Razz


Hi Pia!

I still have my doubts that he did it, for the reasons I stated before. We'll have to agree to disagree on this one. Zambeste

Two big issues for me that raise reasonable doubt in this case are the "letter from the grave," as it is now called, and that whole pornography nonsense. How the heck did THAT get allowed in? It had NOTHING to do whether he killed her or not, so why did the judge allow any of it in at all?

Getting back to "the letter." I don't know if Jensen's attorney Craig Albee made a motion to have this letter examined by a handwriting expert, someone with maybe ten or more years experience in the field. I saw some of the real "fireworks" going back and forth on some of the evidence issues out of the jury's hearing, but I don't know if a handwriting analysis issue was discussed at all. I missed quite a lot of testimony from witnesses for a variety of reasons, so I can't say what experts testified for certain and which ones didn't. Do YOU know if a handwriting expert examined the letter for either the prosecution or the defense side? I really have no idea.

I'll go on record as saying I think Mr. Albee did a job of defending his client that was beyond outstanding. If I ever had the terrible bad luck to be accused of murder and needed an attorney, he would be my first choice. Unfortunately, I doubt that he practices law in my state, and I'm nowhere near WI.

As to misconduct, I'd say I didn't see any of that in this case. I believe some legal errors were made, and I don't believe the jury heard all the facts in this case. Because they didn't, they arrived at the wrong verdict, in my view. I sincerely hope that Mr. Jensen will get a new trial, as Cynthia Sommer did. Because certain things were allowed into "evidence" that should have been kept out, and the jurors didn't hear some facts they SHOULD have heard, I think a new trial is warranted in this case. And I hope he gets it.

J Cool
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"We must remember, always, that accusation is not proof, and conviction depends on evidence and due process of law."
EDWARD R. MURROW, 1954
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Pia



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PostPosted: Tue Feb 26, 2008 9:16 pm    Post subject: Reply with quote

Hi Justice!

I didn't watch this trial much. I got most of it from updates so that is how I am making my judgment. Not on everything that happened in the trial. That is why I said, "I think"...I don't know if he is guilty or not. I don't like the fact that they used the snitches in this trial either.

As far as the handwriting, I don't think I heard anyone mention whether it had been checked or not. It seems like that would have been one of the first thing the defense did. But your mentioning it is the first time I heard of it. Maybe it wasn't but that would have been crazy.

Oh, the jurors in the case...I in no way think there was any misconduct or any inappropriateness by them. The 30 hours alone proved to me that they really did a lot of work on this case. I have no problems with THIS jury at all...Didn't mean to include them...LOL
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RayStar



Joined: 14 Dec 2007
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Location: Detroit, MI

PostPosted: Wed Feb 27, 2008 1:25 am    Post subject: Guilty Reply with quote

I was so glued to the computer on this case. Mark may get a new trial if the USSC hearing the Giles case is approved. I don't know much about the Giles case but it is coming soon to a decision. Something about being able to question your accuser. The use of Julie's letter was fought in a higher court in WI.
I doubt Albee will be around for an appeal because of a lack of funds. He gave a good fight for his client.
Today would have been Julie's 50th birthday.
Now, I feel the letter was not the only deciding factor. All of the actions by Mark previously drove Julie nuts. Porno pics, phone calls, fake break-ins and his day planner. Besides all of that Mark had a BIG mouth!
I feel the state proved its case.
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JUSTICE1st



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PostPosted: Wed Feb 27, 2008 1:18 pm    Post subject: Re: Guilty Reply with quote

RayStar wrote:
I was so glued to the computer on this case. Mark may get a new trial if the USSC hearing the Giles case is approved. I don't know much about the Giles case but it is coming soon to a decision. Something about being able to question your accuser. The use of Julie's letter was fought in a higher court in WI.
I doubt Albee will be around for an appeal because of a lack of funds. He gave a good fight for his client.
Today would have been Julie's 50th birthday.
Now, I feel the letter was not the only deciding factor. All of the actions by Mark previously drove Julie nuts. Porno pics, phone calls, fake break-ins and his day planner. Besides all of that Mark had a BIG mouth!
I feel the state proved its case.


Hi Ray!

Nice to see you, even though I disagree with your views on this case. To be honest, I didn't believe any of the jailhouse snitches OR Mr. Klug, so whether "Mark had a big mouth" is still unproven, to me anyway.

Regarding the issues of the porno pics, phone calls, fake breakins, etc., I have problems with those too. It's only my opinion, which I know you'll disagree with, but in the first place, I don't see porno pics as anything to become unglued about. They're gross and highly offensive, but they are only PICTURES. Pictures by themselves can't hurt or harm anyone.

Regarding the phone calls and the fake break-ins. I'm curious as to why Julie Jensen wouldn't have hired a private investigator to prove who was directly responsible. If Mark was the culprit, as it now seems it was, the next step would have been to file for divorce, and to get the heck OUT of that house with both kids. She was close to her parents and to her brothers, so she did, I think, have options there. So why DIDN'T she take those steps? Another big question in my mind.

The letter by itself is a highly debatable legal issue, since as you said, it doesn't give the defense an opportunity to "confront the accuser." Nor to my knowledge was the letter itself examined by a handwriting expert on either side, to shed light on Julie Jensen's state of mind at the time she actually wrote the letter. I believe if it had been, the IN-SESSION reporter Jean Casarez would definitely have reported on it. That's not something Ms. Casarez would have missed; she's a very thorough journalist.

So, given all those doubts in my mind, I cannot say he is guilty beyond a reasonable doubt. I have too MANY doubts to make that determination.

J Cool
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EDWARD R. MURROW, 1954
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RayStar



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PostPosted: Wed Feb 27, 2008 2:37 pm    Post subject: Just horrible Reply with quote

Hi to you also. I don't think we can understand the thinking of an abused woman. You sound very strong as I feel I am the same. One of the jurors stated some of your ideas also. Fear is a motivator to cause rational and ill-rational actions by some. I'm not a head doctor, just from reading and listening to the news, abusers seem to have a common denominator FEAR.

Yes, I feel Mark Jensen is guilty. The one piece of evidence I cannot get around is Mark listening to Julie gasping for air. That had to be a horrible sound. David's classmate tesified that David told him his mother was having trouble breathing and his dad (MJ) would not take her to the hospital. That sealed Mark's verdict for me. OK he told the son he would take her later. Yes, after she is DEAD. WISN should carry the sentence. Please look up the Kenosha news for the link, I don't know how to add it.
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SaberGal



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PostPosted: Wed Feb 27, 2008 11:35 pm    Post subject: Reply with quote

This was a very strange case. All I can say is that I'm glad I was not a juror for this one because I don't know that I would have been able to make a determination one way or another.

Justice, you raised the biggest concern I had with the case which was the admission of the letter. I have a huge problem with it not being examined by a professional - and the fact that the defense couldn't question the writer. I know, I know, the G's would say...."she can't be questioned because he killed her"....and he may very well have done it but I still have a problem with the letter being admitted into evidence.

JMHO
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Pia



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PostPosted: Thu Feb 28, 2008 12:44 am    Post subject: Reply with quote

I was listening to them today and I believe as they said on CTV, we haven't heard the last of this case or of that letter.
Now I may be wrong but I agree with what the defense attorney said. From everything I did see and hear from the trial, this letter was not admitted on the grounds of "dying declaration". I remember them specifically saying what I had said above..That the judge decided based on the law about Mark being the one that caused the accuser not to be able to testify. Today was the first time I heard anything like what that judge said. Admitted, I did not watch most of this trial but that was the first I heard it mentioned at all. Even from the daily updates from the talking heads. This is why we have to make sure that ALL defendants get a fair trial. In most of our opinions, we do think he is guilty but there stands a very good chance that this conviction will be overturned. This is why guilty people walk free. Because the people in charge didn’t make sure the people got a fair trial.

What if say 10 years from her death (this Dec?) some attorney somewhere doesn’t pop up with another letter from Julie where she says that she did set him up? If she did, she would have probably expected it to have gone to trial years ago. I say that because when I first heard of this case, I thought, “Wow, what a great way to get even with someone”. If I was so depressed that I decided to take my own life and wanted to really hurt the person that I thought caused it, this would be the perfect way to do it...Knowing myself though, I would never want anyone to suffer forever so that is what I would do. Make sure I set him up in the first place, then after he has served; say as many years as misery as he put me through, I would want an out for him...Maybe a few years to get him away from my children, or so I would think...Not realizing how long it would really take...

Wouldn’t that be the perfect revenge?

I say this because I still don’t understand how she can have this list and all the suspicions that she had but still let him give her the poison...Was she so depressed that she didn’t care? I don’t remember hearing anything about physical abuse...maybe the mental but the only threat I heard was he was going to take the children. Doesn’t that threat get passed out in just about every nasty divorce there is? Why didn’t this woman leave if she was so convinced that he was going to poison her? How could she have known that he wouldn’t also do it to the boys? I can understand any after she became ill but she had to have been well enough before the first dose, so why did she take it from him?
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Pia



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PostPosted: Thu Feb 28, 2008 12:57 am    Post subject: Reply with quote

I don't mean to downplay women (or men) who have been abused. I know how hard it is for them to leave the situations. What I meant was, from what I saw of this trial, Julie did not seem to be one of them.
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JUSTICE1st



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PostPosted: Thu Feb 28, 2008 2:56 pm    Post subject: Reply with quote

SaberGal wrote:
This was a very strange case. All I can say is that I'm glad I was not a juror for this one because I don't know that I would have been able to make a determination one way or another.

Justice, you raised the biggest concern I had with the case which was the admission of the letter. I have a huge problem with it not being examined by a professional - and the fact that the defense couldn't question the writer. I know, I know, the G's would say...."she can't be questioned because he killed her"....and he may very well have done it but I still have a problem with the letter being admitted into evidence.

JMHO


Saber, in my mind, the letter was THE biggest issue, because it should have been examined by a handwriting expert with at least ten years experience in the field. Personally, I found it very disturbing that Mr. Jambois, the prosecutor, introduced this "letter from the grave" into evidence, yet did not have it examined by an expert for its "validity." You have to wonder why.

I can only offer MY personal opinion why, and I strongly believe it is because Jambois knew something that Mr. Albee did not at the time; and that was that a handwriting expert with ten or more years experience in the field could very possibly have challenged Mr. Jambois's perceptions on what the letter was supposed to show. Anyone who saw how highly skilled Craig Albee was at cross-examination (I certainly did) knows how easily he could have challenged or even debunked the prosecution's assertions as to Julie Jensen's state of mind at the time she wrote the letter, IF Mr. Albee had some knowledge on the field of handwriting analysis -- more scientifically known as graphology -- himself.

I honestly don't think Mr. Jambois was willing to take that risk, so he didn't offer his own handwriting expert to examine the letter and testify to its validity. There is another possible reason too; that Mr. Jambois DID talk to one or more handwriting experts before trial, and none of them could promise to provide the testimony he wanted. They may have even privately said they found some signs in her handwriting that were NOT favorable to the prosecution, and couldn't honestly give testimony at all.

As to why Mr. Albee didn't provide his own expert to examine the letter and give testimony, it could have been the simple issue of not enough funds to pay for another expert. That often happens on the defense side, which does NOT have the vast resources of the state.

J Cool
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JUSTICE1st



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PostPosted: Thu Feb 28, 2008 7:11 pm    Post subject: Reply with quote

Pia wrote:
I don't mean to downplay women (or men) who have been abused. I know how hard it is for them to leave the situations. What I meant was, from what I saw of this trial, Julie did not seem to be one of them.


I agree, Pia, from all I heard in this case, Julie Jensen didn't strike me as an abused woman, and being so close to her family, I think she DID have options if she really felt she had to leave. Just my feeling, though. I would REALLY love to take a look at a copy of that "letter from the grave," though, but I doubt that would be possible.

J Cool
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Pia



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PostPosted: Thu Feb 28, 2008 8:19 pm    Post subject: Reply with quote

I think they had a copy of the letter on In Session the other day. They usually post things like that. Well they did when it was CTV. I have no idea what they do with things now. It seems as if all the Sommer info is gone...Can find plenty of OJ stuff though... Laughing
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Pia



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PostPosted: Thu Feb 28, 2008 8:20 pm    Post subject: Reply with quote

Here you go....


http://www.cnn.com/2008/CRIME/02/19/jensen.trial.ap/index.html#cnnSTCOther1
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JUSTICE1st



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PostPosted: Fri Feb 29, 2008 5:13 am    Post subject: Reply with quote

Pia wrote:
Here you go....


http://www.cnn.com/2008/CRIME/02/19/jensen.trial.ap/index.html#cnnSTCOther1


BLAST. Got a message that the pic of the letter would require me to download Flashplayer 8; I only have FP 7. Since this computer is over three years old now, I can't risk downloading new software that could easily wreak real havoc with my machine, possibly wipe it out. I may have to wait a while, darn it.

Thanks for your help in locating the pic link, Pia. I'm just mad that I can't take advantage of it.

J Cool
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