Let's recap
Here are all three parts of my analysis of the sheriffs' alleged "investigation" in a single post.
http://sheriff.co.calaveras.ca.us/Portals/sheriff/Press/2013/Update_Marshall_Investigation.pdf
The latest sheriff's report, point by point (part 1).
re. Alex's last documented communication was by instant messaging (cell phone) on January 31, 2013 at 10:40 PM. Macaila's last documented communication, via cellular phone, was on January 31,2013 at 10:10 PM. She took a cell phone self-portrait at 10:55 PM. Phillip Marshall and his children were found deceased on February 2,2013 at approximately 3:10 PM.
* Time of death, jan 31 vs. feb 2. Earlier media releases suggested that the time of death was still being determined. Why couldn't they tell by blood settling and rigormortis how long they'd been dead? Was the coroner unable to tell? How competent is the fellow?
re. Parag at the bottom of page 1
* This hearsay balanced by other hearsay stating that Marshall was friendly, had a good sense of humor, and actively involved with the kids and their interests.
re. December 5,2008: Phillip has physical altercation with Erin Chamberlain and is arrested. [* the dispute was over child custody, charges were dropped.] An emergency protection order is issued. [* which anyone can do and for any reason if they cough up the bucks.]
re. Top of page 2.
* All of the events reported are prior to early Jan 2009. That's more than four years before this incident.
re. The Glock handgun was sent to the California Department of Justice crime lab for fingerprint analysis, and is scheduled for DNA and ballistics examination (results pending on the DNA and ballistics).
* Good. But why didn't they report that these tests were going to be done in the initial press releases? Why had they concluded who the shooter was before doing the test? Why are they NOT including a GSR (paraffin) test to determine if Marshall was the shooter? And what exactly do they expect to find from a DNA test on the gun for, for goodness sakes? Are they also going to test his hands and clothing for blood spatter? (We don't know, but we should know.)
re. Subject Phillip Randolph Marshall could not be eliminated as the source of these two patent impressions
* A minor point to be sure, but if the finger prints were messed up enough nobody could be elimintated. But how did they determine that it definitively WAS him, even before doing the fingerprint analysis? Remember now, who did the fingerprint analysis. And remember also that the bodies were found on Jan 2, and the first report was issued on Jan 3.
http://sheriff.co.calaveras.ca.us/Po...er-Suicide.pdf
re: A handwritten note was found inside of a spiral binder noting the debt amount and a handwritten comment stating, "Debt Kill." The binder was found lying next to a laptop computer that was identified as belonging to Phillip Marshall.
* What page was this found on... We don't know. We might need to know what other stuff was on that page, and if the dates of the context is consistent with the time of deaths. Were the words aligned left to right, up and down, were they close to each other, were the letters the same size? May we see a photo of at least that much?
re: confiscated computers
* Why was the confiscation of the computers not mentioned in the initial reports, or any of their famously inaccurate statements to the local press (and presumably to Wayne Madsen who reported that Phillip Marshall was shot in the left temple) either for that matter. Why wasn't the planned ballistics test mentioned earilier. In fact when were these tests ordered. Were the tests even requested at the DoJ before the conclusion drawn about Marshall being the shooter?
[We'll take a break after this next one. -rs]
re: Autopsy results showed that he had a single contact gunshot entry wound to right side of his head, with a muzzle impression on his skin.
* And now we see the extraordinary competence of the coroner noticing the "muzzle impression on his skin", which we'll see again shortly, though he was unable to determine the time of death as being any time before the bodies were found.
THAT'S THE FIRST HALF OF IT!
Stay tuned for more. - Rainbow Sally
The sheriff's report point by point (part 2).
re. The impression left by the Glock 9mm gun barrel muzzle established that when he shot himself he held the gun rotated in an inverted (upside down) position. The inverted positioning of the handgun is a natural body/arm posture of someone shooting themselves, and is consistent with him having shot himself.
* The "impression" was most likely a burn pattern from the gun being fired otherwise it suggests the gun was held very hard into the head, which is NOT natural for someone shooting themselves. Now the question comes back to "where is the photographic evidence" that this is the case, and how many people know this is the "right way" to shoot yourself?
This detail is convenient for the sheriffs' theory, if true, but as we will soon see, if we haven't already, their word or their interpretations of events might not be "good enough" in a republic such as ours that relies on checks and balances to assure the public is getting what they pay for and that unquestioned power does not corrupt.
re. Marshall was found lying on his back in the living room behind the sectional couch. The gun was located under his right side midsection.
* Questions as to how the gun could have ended up behind his back have been raised, but if he had large fingers and the finger was caught in the trigger guard, it's possible it could have gotten flung down before he himself hit the floor.
Previous sheriffs' reports said he was lying on the floor at the end of a hallway, visible from the front door. Now he's "behind the sectional couch". We need to see photographs, floor layout and positions of the bodies as an artists rendering at the very least.
Because now the story details appear to be changing.
The initial sheriffs' report dated Feb 2 (the very day the bodies were found at 3 pm.) entitled "Man Shoots Children, then Himself in a Murder-Suicide" says, "While at the front door of the house they were able to see inside and saw Phillip Marshall lying on the floor in a pool of blood." It does not say the kids could be seen on the couch.
re. The manner of the contact gunshot combined with the lack of voids and blood disruptions confirmed that a fourth person was not present as the shooter.
* No, it confirmed only that nobody else was in the line of fire. Assuming the back splatter is the low velocity spatter, there would not be enough blood to 'cast an image' of another person, even if someone else were present. But even more problematic is the apparent fact that there is no photo evidence to even support this claim. It's 'hearsay'.
re. They found 43 unfired cartridges in the box. One unfired cartridge was found lying on the laundry room floor. A total of four rounds were fired during the murder-suicide. One live round was found loaded in the chamber of the gun. The gun magazine was empty.
* The Glock holds 17 rounds, max. 7 were missing from the box, 4 were fired, and one was found in the laundry room. Two bullets are unaccounted for. The crime scene has essentially been destroyed. What were the other two rounds fired at, and when.
re. A handwritten note was [inside the safe] left on the marijuana medical recommendation card that read "Hi Sean!"
* He kept his gun and ammo in the safe, why? (He had kids.) He left a note to Sean on the marijuana. Why? (He had caught her stealing drugs before, and took video of her doing it, after which she was arrested for burglary, breaking and entering, and possession of a controlled substance.)
re. Witnesses stated that it was common practice for Macaila and Alex to sleep on the couch rather than in their beds.
* Was it common on week nights? That's the significance of the time of death issue which the sheriffs have/have not (take your pick) determined.
re. The results showed that Macaila had a .05 % blood alcohol content and .32 mg/L of diphenhydramine (an over the counter antihistamine/sleep aid). Alex had a blood alcohol content of .03 %.
* Had Macaila and Alex been drinking? No alcohol was found in Philip's blood.
re. Phillip Marshal's blood sample contained .08 mg/L hydrocodone (pain reliever/narcotic), .02 mg/L morphine (pain reliever/narcotic), and .80 mg/L hydroxybupropion (anti-depressant).
* All of the above were legal prescription drugs, which he evidently had obtained legally, according to the medical records the sheriffs obtained.
Note: There was no alcohol in his blood stream. Phillip had had a drinking problem which he evidently kicked. But the kids may have had a drinking problem. More below.
re. Alcoholic beverages, including a bottle of whiskey and an open l2-pack of beer, were found inside the Marshall home.
* WHERE were they "in the Marshall home?" Whose booze was it? The kids, not Phillip had alcohol in their toxicology results.
Well... now we're about 2/3rds of the way through analysis of the sheriffs' report.
Let's take a break and then we can try to cover a bit more.
The sheriff's report point by point (part 3)
[parts 1 and 2 are on page 5, find "point by point"]
The Grand Finale: "Take one tablet at bedtime for SOME SORT OF MENTAL ILLNESS" -- Presumed physicians instructions to patient.
We are now in part 3 the wrap up of my analysis of the sheriffs' most recent press release on the so called "investigation" of the Phillip Marshall murders, or as the sheriffs have stated before even doing the investigation, the "murder-suicide", as they had "ruled out" anyone from outside the home coming in, though some of the doors were found to have been unlocked.
The questionable points made resume here.
re. According to records obtained, Marshall was diagnosed with bi-polar disorder. Additionally, the reports stated that he suffered periods of depression and mania, which led to his dismissal, or "grounding," as a pilot in September 2006.
* Diagnosed by whom? Where were these records from. Do "medical records" usually mention things like reasons for dismissal as a pilot? Then which of these "records" were "medical records" if any of them were, and which were simply "reports" and who were they from? (More below.)
re. A search warrant was served at a local clinic for Phillip Marshall's medical records. The medical records noted that he suffered from chronic back pain, and was prescribed prescription narcotic pain medications for this condition. His medical records suggested that he also suffered from some sort of mental illness, drug dependency, anxiety, and depression.
* The drugs were then legal, as was the marijuana. The "medical records" obtained by warrant from the clinic evidently ONLY showed that he had chronic back pain. They MERELY SUGGESTED that he had "some sort of mental illness". What kind of mental illness? That doesn't sound like much of a "medical report". That sounds like the sheriffs have taken it upon themselves to "diagnose" Phillip Marshall. And if he had a drug dependency, could that be why he was taking the antidepressant? According to wikipedia, that drug (hydroxybupropion) is helpful in quitting smoking and kicking meth. (See below.)
Also, what "local clinic" did they serve with a warrant? There are no clinics in Murphys.
http://www.dexknows.com/local/health...ras_county-ca/
re. He was prescribed anti-depression medications for his mental health.
* This is the sheriffs' conclusion. But is it really supported by the evidence? If it was prescribed for mental health, wouldn't the records be more specific than to say "some sort of mental illness". Do doctors often prescribe potentially dangerous antidepressants for "some sort of mental illness"?
What is the recommended dosage for "some sort of mental illness" What would the patients' instructions read like?
re. mid-year 2012 through January 2013 he frequented the medical clinic seeking additional pain medications. Clinic physicians had him sign a pain medication contract, which directed him to take his medications as prescribed, and to not seek medications from other physicians. The medical record indicated that he was to schedule an appointment with a psychiatrist. It is unknown if he ever attended this appointment.
* What were these "additional pain medications" and what were they in addition to? Was the "medication contract" standard for those kinds of drugs or was this an exceptional case? Was the problem that the 'antidepressant' is ineffective as a pain blocker? Anyone with internet and ability to look up that drug would have known that. They would also know that this antidepressent is "atypical", and is usually used in conjunction (see "additional" above) with other antidepressants when prescribed for depression.
What was the problem he was to schedule an appointment with the psychiatrist for? Was it "some sort of mental illness"? Or could it have been adult ADHD (another use for the specific antidepressant Phillip was prescribed). Could ADHD account for all the symptoms noted by his wives, such as the temper problem and the airline that "grounded him" for a while? Was it at their request he seek a psychiatric evaluation?
What date(s) were the records from that recommended he seek psychological or psychiatric help? And what precisely was the reason they recommended that and at whose request, if anyone's?
Would paranoia of sheriffs or other authority figures in the executive branch, which includes the drug smuggling operations of the CIA during the Iran-Contra affair which Phillip Marshall was well aware of and which is common knowledge by now, be called "mental illness"?
re. During the multiple tests the detectives found that it took an average of a total of two seconds to shoot each victim, demonstrating that it was possible to shoot both children prior to one of them waking up.
* The reports state that BOTH childrens appear to have been sleeping when they were shot. Of course one could have been shot before one of them woke up. It's the OTHER that would have woken up, so what exactly does that sentence mean?
Also, if we are to presume that both could have been shot before EITHER of them woke up, how drunk would the kids have had to be to have a two second reaction time? (The kids had been drinking, the dad had not. See part 2 on page 5)
re. Based on interviews, evidence, and other factual information developed during this investigation there appears to be several contributing factors that led to this murdersuicide. Phillip Marshall had been under the care of a doctor for several years and appeared to be battling chronic pain, drug dependency, and mental health troubles.
The prescription drugs that he had been prescribed seem to be very sensitive to dosages, especially when combined with other medications, which was the case with Marshall.
* They say "appeared to be battling chronic pain, drug dependency, and mental health problems" -- of unknown type? This is not very convincing.
Also, one of the interviews the sheriffs conducted was very interesting. The interviewee was apparently guided from her initial feelings about the event to a new conclusion. The person to watch changing her mind is Merita Callaway here. She's a county supervisor who knew Phillip and the kids very well.
http://www.calaverasenterprise.com/n...a4bcf887a.html down about 15% of the page)
Were the sheriffs interested in getting her opinion or in shaping it?
re. Research showed that the Food and Drug Administration warned that any abrupt changes in psychotropic medications (such as what Marshall was prescribed) could result in suicide, hostility, or psychosis.
* This misuse of statistics is called "profiling". It's invalid as a logical argument because one could also say that nearly all murders are committed by men and conclude that nearly all men are murderers.
What we need to determine is whether THIS man was acting erratically due to this medication. It doesn't appear that he was from his twitter page. It looks very very consistent right up to the night he and the kids probably died.
https://twitter.com/thebigbamboozle
I say only "probably died" because the evidence suggests very strongly that the coroner failed to determine when they did die, or had an actual disinterest in determining the times of death, for some unfathomable reason.
http://www.uniondemocrat.com/News/Lo...uicide-details 25% down the page.
But to determine the amount of the antidepressant in his blood, the question comes back to the time of death, which the sheriffs told the union democrat would officially be Saturday afternoon at 3 in the afternoon.
The drug being blamed for making Marshall insane breaks down quickly and the samples need to be kept "as cold as possible" for reliable toxicology results. Even so, there was ten times more of this substance in the blood sample than the either oxycodone and morphine combined. How much of the drug had he taken if he had died on Thursday night (as evidenced by when the kids stopped responding to text messages and missing school on Friday) and the drug decomposed for two days before the samples were taken for testing?
See the wikipedia article on hydroxybupropion re. "should be maintained at the coldest possible temperature prior to analysis"
http://en.wikipedia.org/wiki/Bupropion down about 22% of the page
re. There was no evidence to support a theory that anyone else could have committed this crime, or that any other persons were present at the time of the shootings. Macaila and Alex Marshall both appeared to be sleeping at the time they were shot, indicating no signs of a struggle with a possible intruder. There was no evidence of a struggle with Phillip Marshall, and no signs of forced entry into the home. Various items of value were still present inside the home, and no evidence of any additional weapons was found. Lastly, there was no evidence that Phillip Marshall or his children were moved or repositioned after the shooting, which would indicate an altered crime scene.
* The problem is that there is no evidence at all. It's all hearsay. The DoJ is doing DNA testing, but the sheriffs apparently destroyed the evidence before it could be photographed to support any of their "lone gunman on drugs with 'some sort of mental illness'" theory.
Since the front door was not locked, and some others were unlocked as well, "forced entry" is a non-issue. If someone came in, they were either invited or came in through one of the unlocked doors. See the sheriffs' investigation report on page 3, "All doors were found closed with some having been left unlocked."
And the kids "both appeared to be sleeping at the time they were shot"? Very unusual.
Epilog
I never even knew the guy. Don't even know anyone that does.
But even the dead guy deserves a fair trial. See the US Constitution, Article 6 re. the right to face their accusers, counsel for his defense, and COMPULSORY PROCESS to obtain witnesses for his defense, including exculpatory medical records, I would think.
Recently, the Santa Barbara View has for some reason removed all their articles about Phillip Marshall. In the one entitled "Phillip Marshall Wrote About Conspiracies, Was He The Victim Of One?", at about 80 percent down the page and three days before Sean Marshall/Plummer had an interview with the Union Democrat, a person with the screen name of "Ann" had commented:
----
Ann February 19, 2013 at 4:31 pm #
I know the crew who flew his wife home — they were called by the airline and ordered not to speak to her. Why? Very unusual.
---- end
It's perfect for this forum.
