DNA profile extracted from evidence did NOT in fact generate a “hit” in the database, though the Mark Goudeau’s profile existed in the database.

Mark Goudeau ’s name was given in writing to the DNA analyst who then fished his profile from the system and attempted to make a match without database assistance.

Mark Goudeau’s DNA was a partial match of 3 out of 13 loci, and the State’s DNA “expert” stated in testimony that the DNA could not have come from anyone other than the Mark Goudeau, though the same “expert” stated in another man’s trial that based on the DNA match of 9 out of 13 loci, she could neither include nor exclude him as a donor.

This analyst lied on the stand about how she came upon Mark Goudeau’s identity (proven in later court records after this trial), grossly exaggerated her numbers of probability (to the point that an unbiased expert stated her calculations were “misleading to the point of malpractice”) and used calculations and methods that are not accepted by the scientific community in regard to DNA.

The same State’s DNA expert used similar tactics in another case and even the prosecutor saw the negligence and removed her from court proceedings, nearly resulting in a mistrial when the defense appealed to the judge.

The DNA evidence was completely used up by the state and the defense never had an opportunity to test it independantly. DNA was the only evidence in this case, and the state’s charges should have been dropped. The state then came back with witness identification from the two victims, who had previously not been able to identify their attacker, allowing the case to proceed in court.

After trial, the jury foreman told a reporter that without the DNA testimony, they would have had to return with a verdict of not guilty.

-Victims’ ID Attacker-
The two victims of sexual assault in the trial never identified the Mark Goudeau outside of court.

The victims were shown a lineup in which the Mark Goudeau was included and failed to pick him out.

The victims identified 4 other men in 4 lineups prior to the trial.

The victims saw the Mark Goudeau ’s image on TV several times after his arrest for other crimes and never made mention of him being their attacker to anyone, including therapists, boyfriend, family, or each other.

In court, one vicitm was asked if she recognised her attacker as being present in the court room. She said “I think so” and was asked to point him out. She identified the Mark Goudeau ’s own attorney as her attacker. This blunder was outweighed by the DNA evidence presented by the state when the jury deliberated.

The victims were offered $1,100 per month for a period of a year or more for their testimony, disguised as money to relocate for safety purposes, in which one victim (the one who pointed out the attorney) accepted.

-A More Likely Suspect-
Of the crimes attributed toThe Baseline Killer that are scheduled to go to trial in 2010, a different man, Terry Wayne Smith, has been found to be in the area of many of these crimes at the time they were committed. Terry Wayne Smith’s ties to the areas have been reported by witnesses, police, and addresses of residence.

11 hours after one horrific crime attributed to the The Baseline Killer, Terry Wayne Smith was reported to police by people at a bus stop in a nearby area because he was acting aggressively and talking about how many people he has killed. A police officer responded and documented this encounter.

In the area where 4 other victims were found dead, Terry Wayne Smith was interrogeted by police on 3 occasions for following women around in stores and parking lots.

Terry Wayne Smith served time for an armed robbery that parallels one of the crimes that Mark Goudeau is accused of. Both crimes were armed robberies of people who were alone at a do-it-yourself type carwash. The crimes were not just similar, but almost identical. The only difference is the crime attributed to The Baseline Killer resulted in murder.

Twice within 48 hours of Terry Wayne Smith being released from jail, a murder was committed just blocks from where this man was living. These murders were attributed to The Baseline Killer.

Two days after the arrest of Mark Goudeau,Terry Wayne Smith held his own family hostage and was arrested.

Terry Wayne Smith ’s mother hinted to a police officer that she felt her son was the perpetrator of the rapes and murders Mark Goudeau was arrested for and said that on at least two occasions her son had come home with blood on his clothes. She also told police he was sexually deviant (stated he has masterbated in front of the family a few times) and is violent.

A map that marks the location of crimes attributed to The Baseline Killer, and the places where Terry Wayne Smith was proven to be living or questioned by police for seemingly unrelated issues, shows Terry Wayne Smith to be near the scenes of 14 of the crimes in close succession to the times they were commited.

Terry Wayne Smith has been a murder suspect in other cases both here in AZ and in California and has served time for violent crimes and armed robberies.

A report about Terry Wayne Smith and the suspicions that he was a viable suspect was being put together by an officer at the time the Mark Goudeau was arrested. The report was disregarded by the task force that was handling the crimes because they felt they already had the right guy. The officer was told by a superior to file his report in a Microsoft Word format rather than the standard Police Automated Computer Entry System, which was a departure from police protocol. This means his report is not in the official police reports regarding the cases that were attributed to The Baseline Killer. As a Word document, the report wasn’t available by a public records request and the defense was not afforded the opportunity to know about Terry Wayne Smith at the time of trial.

Smith is currently incarcerated for unrelated crimes. He is scheduled for release back into our community as soon as 2011.

Phoenix, AZ) A $22,000,000 Notices of Claim was filed today alleging intentional, reckless and grossly negligent conduct by members of the Phoenix Police Department and the Phoenix Crime laboratory that directly lead to 37 year old Romelia Vargas’ murder on February 20, 2006 at the hands of the media labeled “Baseline Serial Killer,” Mark Goudeau. The Notices of Claim was filed by Attorney Marc Victor on behalf of Alvin Vargas, the husband of Romelia Vargas and five of her six children. No word on whether other injured families are contacting Mr. Victor’s Law Office to join in the law suit.
More here:

http://www.freedomsphoenix.com/Article/057110-2009-09-08-phoenix-police-brass-let-serial-killer-rampage-to-protect-turf.htm

Profiling on the basis of convicted, Rape, attempted murder, and drug abuse is good police work.

Did anyone stop to think that the police had so much pressure to find someone, anyone, that they profiled him and then convicted him on false evidence that they lied about and got others to swear to it?

Yes on the pressure, yes on the profile, no on the evidence fabrication and no on the lying.

Next question.

Maybe you people cannot understand his wife simply because she is telling the truth, he changed, and paid for his crimes and wanted to be free and have a life.

I see too many policemen twisting truths and too many people going to prison because of their color and it was convenient to blame them. You hear about them letting them out all the time due to DNA evidence proving them innocent. When they twist the DNA evidence – to suit their needs – that is even sicker.

I come from Minnesota and Arizona is about as backward a State as I have lived in and I have lived in quite a few due to the military. I am white, middle aged, female, and adoptive mom, and a foster mom. So I am not some militant crazy. But boy – this State really takes the cake in more ways than one and corruption is a real problem here.