Thursday, June 21, 2012

Luis Aguirre Capital Murder Trial in Manhattan Kansas: Day Four, State Rests with the Testimony of Dr. Spencer Tomb

Day four of the Prosecution's case proved quite interesting. But first, I would like to say that although this trial is about the State's responsibility for protecting its citizens, Tanya and Juan are the ones in our thoughts. Since they are in our thoughts, those who loved Tanya and Juan are also in our thoughts.
I am somewhat glad that the trial is far from Tanya's home, too far for people to come. Much wiser to stay home with loved ones than to see this sadness. It is not a pleasant thing to watch this trial. The trial is really about Luis Aguirre and his behaviors, his choices. The theft, the horrible theft he committed will leave a mark of sadness and pain on many people.

After speaking with Tanya's Aunt, who was here at the trial, it is clear to me that Tanya had many hopes and plans to achieve in life and continued to try, try again even when hit with setbacks. Tanya named Juan after Luis' Godfather. Many of those who follow this case, probably the entire population of Manhattan who follow this story on KMAN and Tom Reust, or read Katherine Wartell  in the Mercury  or watch Lindsey Rogers with Channel 13 coverage, are praying for those of you who cared about this young woman and her darling little boy.
                                  Day One click HERE
A second thing I'd like to mention
 is in regard to the Riley County Attorney's Office and our Courthouse here in Manhattan. Have you ever wondered how "good" our attorneys are? Do we have good judges? How might we stack up against a Big City Court? Are we adequate? are we competent? would we be embarrassed by snazzy Big Apple types? The women and men who make up our legal system here in Manhattan:
Top-notch. I have been an observer for several years now.
I have watched Judge Wilson, Judge Stutzman, the Magistrate Hochhauser -- absolutely what you want in our courthouse. I am not surprised that no one runs against Barry Wilkerson as County Attorney. Exactly the type of Prosecutor one wants. The women and men who fill out the system, supporting those in more public roles are as intelligent, nice, competent as one could ever want.
Just thought you'd like to know.
On to testimony.
 Day 2 click HERE
Dr. Erik Mitchell, Forensic Pathologist testimony HERE
Holy Cow!

Before i get waylaid, i'll just say The State Rested today. And they rested on a bombshell piece of testimony.

There was a side hearing today.

An expert witness, K-State biologist Dr. Spencer Tomb, was brought in to discuss certain findings at the gravesite. Judge Meryl Wilson listened to the State’s motion and defense arguments on whether or not his testimony could be heard by the Jury. The defense challenged him on several grounds but Judge Wilson ruled to allow him to testify.
The courtroom inadvertently received a small lecture on plants, trees, falling leaves and fungi. (I am posting a separate post on his testimony tomorrow.) Bottom line: there were some layers of leaves UNDER the bodies that led to his opinion that the grave had been dug approximately 1-5 days BEFORE the bodies were laid. The Boxwood tree had a day in the sun today.
Of course, this contradicts the testimony of the accused that he drove about and arbitrarily picked a spot for the shallow grave. But why would anything the accused says be taken seriously? He has been shown to lie, again and again and again.
His story changes each time he is confronted with evidence that disproves his previous statements. Let us assume no truth to his statements, rather than that some might be false.
It seems to me that the shallowness of the grave (11 inches) and the lack of clothing on the victims point toward an intention for animal activity to destroy the evidence and the chance of the victims being identified. 

But for the single hand
of Tanya Maldonado, 
a simple fingerprint, preserved against all odds;
 some sort of Divine Aura protecting this tiny collection of cells--
how would the truth have ever emerged?

more on the sociopathic personality HERE

Detailed testimony from Dr. Tomb click HERE
Day five click HERE

Phase Two: sentencing Day One click HERE

Death Penalty? Click HERE


  1. I Will email you a picture of Tanya and Juan, dating the Summer of 2009, just prior to their horrible deaths. Thank you for your kind words and well wishes, my family and I appreciate it greatly. God Bless You for posting about my beautiful niece whom I loved as my own Daughter. By the way, Tanya named Juan after Luis' father, his paternal grandfather.
    R.I.P. Tanya and Juan.

  2. They are two truly lovely people. She is Beautiful and he is so darling!

  3. omg she look so cute pregnant never imagined her she was so tall and skinny..but she looked beautiful pregnant i bet she was a great mother and still is in heaven with her baby!!