Melanie McGuire

[AppealDenied]

Judge DeVesa's Sentencing of Melanie McGuire

"In addition to the documents that I’ve made reference to earlier, I now have had a chance to consider the arguments of counsel, the statements made today by the victims and witnesses in
this matter, and as all the attorneys have pointed out , in this case the crime of murder carries with it a minimum term of 30 years and a maximum term of life imprisonment. It is the responsibility of the Court to review all of this information that has been provided to the Court and to consider whether there are aggravating factors that are present that would warrant imposing a greater term than the minimum term or whether there are mitigating factors that would cause the Court to lean towards the minimum term. I have done that to the best of my ability and after conducting an analysis of the aggravating factors in this matter, I am convinced first of all, that the nature and circumstances of this offense do in fact constitute a very significant aggravating factor in that the crime was committed in an especially heinous, cruel, and depraved manner. The nature and the complexity and the scope of this criminal episode involved many, many overt actions committed over a 3 week period, spanning 4 different states, and reflected a willfulness and a malice that goes far beyond the elements of the crime of murder in our law. The desecration of William McGuire’s remains was particularly heinous and depraved. His body was treated as trash. It was cut and sawed apart and then packaged in garbage bags. His remains were left to decompose in the waters of another state, without identification, so that his family and friends might always be deprived of a dignified funeral service and burial. The depravity of the murder was further manifested by the efforts on the part of the defendant to portray William McGuire as an abusive husband and a chronic gambler who was indebted to organized crime figures as part of her attempt to shift the blame for his murder to others. And as the Attorney General pointed out, during the course of the trial there was simply no credible evidence to suggest that this characterization of Mr. McGuire was in any way accurate. But perhaps most tragically, the murder of William McGuire and the attack on his character has surely caused grave harm to his children. They must now grow up without a mother or father, and their memories of both will be distorted and confused by the web of deception created by the defendant. The depravity of this murder simply shocks the conscience of the Court. Clearly, as another aggravating factor the Court finds that there is indeed a need to deter this defendant and others from this type of horrendous criminality. Evidence was presented to this court, that the jury found credible, that this defendant was carrying on a long term intimate affair with a colleague who she was at some point planning to have a future with after they both left their spouses. The need for deterrence is particularly important in cases of calculated, premeditated
murder. The Court must impose a sentence that makes it clear that one who callously destroys a family by resorting to violence and murder to accomplish her own selfish ends must face the most severe consequences that the law will provide. These are the aggravating factors that this Court finds to be significant. I do not find that the vulnerability of the victim or that the risk that this defendant would necessarily commit another crime can constitute an aggravating factor in this case. And surely, a defendant has a right to trial and if a defendant chooses to plead not guilty and go to trial this Court cannot, under our law. characterize that as lack of remorse and impose greater punishment on the defendant. So I cannot find those aggravating factors that the Attorney General requests. Now with respect to mitigating factors, incredibly, the defendant argues that her imprisonment and the resultant excessive hardship to her children should be considered as a mitigating factor. There is no doubt that because of her cruel and deliberate actions the McGuire children have been deprived of both their parents, but they are from everything that I can tell being well cared for by their father’s family. To consider the hardship imposed on them as a mitigating factor that should benefit the defendant would make in my view a mockery of our system of justice. Counsel for the defense also argue that the character and attitude of the defendant indicate that she is unlikely to commit another offense, and they have indeed provided the court with numerous, numerous letters of support for her. Ironically, the State argues that the defendant’s character is an aggravating factor and offers equally persuasive evidence. Frankly, given the requirement of a mandatory 30 year prison term, neither of these factors seem quite significant to the Court with respect to the risk of the defendant committing another offense. In any event, I surely cannot conclude that the defendant’s character is indeed a mitigating factor. While it clearly has been demonstrated that the defendant has done many good deeds, the record in this case also reveals that she has been a ruthless, calculating, and manipulative individual. Regrettably, history is replete with evil-doers who have done some good deeds and who also have their supporters. But in this matter, before the murder of her husband and desecration of his remains, the defendant carried on affairs, extramarital affairs, even while expecting one of her children. After the murder, the defendant callously ridiculed her husband and even joked about his death on intercepted telephone conversations with friends and relatives. As she orchestrated her web of deception, she manipulated friends. Friends like Jim Finn, and relatives to help her and she discouraged them from cooperating with the investigation. Under these circumstances, her character cannot in a any way be considered a mitigating factor. Finally, the defense argues that the defendant has led a law-abiding life for a substantial period of time before the commission of these present crimes. While this is technically accurate, the Court finds this factor to be largely insignificant since the defendant was previously charged with perjury before a Municipal Court in Union County, but allowed the opportunity for pre-trial intervention as recently as 1998. Despite the chance afforded the defendant through PTI, she once again made false statements to obtain a handgun in Pennsylvania in 2004 and of course now has also been convicted of perjury before the Family Court with respect to this criminal episode. So after careful consideration, the Court is clearly convinced that these 2 very aggravating and significant factors substantially outweigh this one mitigating factor which again I find to be insignificant. The overall circumstance of a crime has been described in our law as the single most important sentencing factor. In this case, the crime was so heinous, so cruel, and so depraved, that the Court finds that the maximum sentence should be imposed. And so as to Count One of the Indictment charging the murder of William McGuire, the defendant is committed to the custody of the Department of Corrections to serve a term of life imprisonment and the defendant must serve 85% of the maximum term before being eligible for parole. In addition, the defendant is ordered to pay certain mandatory fines and penalties which the court will set forth under judgement of conviction. The Attorney General has asked the Court to impose a very heavy fine and to order restitution to compensate the children for the loss of their father’s income. I’ve carefully reviewed the pre-sentence report, the Court may only impose fines and restitution based upon the defendant’s ability to pay. I am satisfied from reviewing the pre-sentence report that this defendant is virtually bankrupt, and that her legal fees and other debts make it impossible for her at this time to pay any substantial fine or restitution. I am also satisfied that in light of the circumstances of these proceedings and this sentence that any additional support that the children need or any compensation that the children need can be dealt with in the Family Court under more appropriate proceedings. Under our law, when one is convicted of a first degree crime, the Court must also order a period of parole supervision for 5 years upon the release of the defendant. As has been mentioned by counsel, Count Two, charging the possession of a handgun for an unlawful purpose, will merge with Count One. As to Count Three, the desecration of the remains of William McGuire, the defendant is committed to the custody of the Department of Corrections to serve a term of imprisonment of 10 years with a period of parole ineligibility of 5 years. Since the desecration of the remains of William McGuire was an integral part and a continuation of the same criminal episode that included this heinous murder, this sentence must run concurrent to Count One. I do not agree with the Attorney General that this represents a free crime, the desecration that has been considered by this Court has been a significant element that causes this Court to consider the aggravating factors associated with the murder and to impose the maximum sentence allowed by law. As to Count Four of the indictment, the defendant is committed to the custody of the Department of Corrections to serve a term of imprisonment of 5 years with a period of parole ineligibility of 2 ½ years. Since the perjury before the Family Court did involve a separate and distinct crime committed at a different time and a different location and also constituted an offense against our judicial system and our system of justice, .the sentence for Count Four shall be served consecutive to Counts One and Two. The defendant has credit for time served of 148 days. Under our law, the defendant has a right to appeal within 45 days. If the defendant cannot afford an attorney in order to exercise her right to appeal, an attorney will be assigned to represent her. If the attorney does not exercise her right to appeal within 45 days, then she may be deemed to have waived her right to appeal.

The defendant is remanded to the Department of Corrections. These proceedings are concluded."


Melanie McGuire has since filed an appeal. Further information will be posted here. Let's hope she remains in prison where she belongs. She is guilty of the heinous and depraved murder and dismemberment of her husband William. Pray for his family and friends.

[Justiceguy]

Poor Melanie! Such a pity that she's a widow! :kidding-01:

[Dina_Dayel]

there was another appeal waiting on the NJ Judges to decide if they're going to hear it

[Dina_Dayel]

JusticeGuy : that's like the kid who murdered his parents ,
then went to court to complain that he's an orphan

[Dina_Dayel]

Please remember, there are those who sincerely believe in the efficacy of Melanie's on-going Appeals process .

[GardenGirl]

I saw the above live on TV, and it's nice to see all the judge's words reprinted here.
The thought that someone was dismembered and thrown into the ocean in suitcases is horrifying.
The appeal will take years, and I don't believe it will be successful.
Why didn't she just get a simply divorce, like the rest of the world does?

Their 2 children aren't missing, per se, but they are essentially orphans. And they will carry the weight of their Mother's bad deeds on their shoulders, making payments on that bad debt, for the rest of their lives.
What a selfish act. I am still amazed when I hear of parental murders like this.
What should have been a wonderful life will forever be tainted by the knowledge of what happened to their parent's.
And their caregiver's, family members, have a very hard job ahead of them.
The responsibility of rearing them to be of sound mental health is awesome, and I hope the caregiver's know of the groundswell of quiet support they have here, support we don't know what to do with, or how to act on.

Personally, I made a donation to my local library's general children's book fund in their names this holiday and I also donated to our local social service dept.'s general children's fund.
What else can we do?

Sorry to get OT here, back to the appeals.
I've got nothing on that.
GG

[Dina_Dayel]

GG : I made a donation to "Angel Tree"
a Christian organization that looks after the children of prisoners . Spiritually as well as materially : and so they'll have a Christmas .
BTW the "Puppies Behind Bars" program at EDNA McMahon (where Melanie's at) no longer
trains seeing eye dogs .
They train bomb-sniffing dogs for anti-terrorism .

[totallyBARD]

there was another appeal waiting on the NJ Judges to decide if they're going to hear it

A panel of 3 NJ Appellate judges should decide sometime in 2008 whether they will hear MM's motions. All those before her who pled innocent need to have their motions decided first. There are so many in number, and so few judges.

When it is Melanie's turn, and IF the judges decide to hear one or more of her motions, a date will be set, maybe by 2009.

If her motion(s) are denied, then MM can appeal to the State Supreme Court. Within a few years, that appeal may be heard.

If that is rejected, a round of Federal Court Appeals takes place.

Once all appeals are exhausted (about 20 years), then Melanie may reconsider her stories and make a deal to implicate those who may have helped her with the murder or to obstruct justice. As long as she holds out any hope for an appeal, I believe she'll stay silent about what really happened and who was involved.

Of course, there is always the chance any possible accomplices can step forward anytime and add to what is already known about this case. But that is only an outside chance.

MOO

[GardenGirl]

My DH better keep working so he can help pay for those appeals. She sure costs NJ taxpayers a pretty penny.
Dina, I wish I had donated where you did. You are ever so smart.
GG

[Dina_Dayel]

Maybe you'll luck out and they'll kick it back to Virginia . You know , that Jon Rice fellow , and his wife at first identifying
Bill's photo in an anonymous phone call .
What's up with that ?

:nocomment:

[Dina_Dayel]

A panel of 3 NJ Appellate judges should decide sometime in 2008 whether they will hear MM's motions. All those before her who pled innocent need to have their motions decided first. There are so many in number, and so few judges.
When it is Melanie's turn, and IF the judges decide to hear one or more of her motions, a date will be set, maybe by 2009.
If her motion(s) are denied, then MM can appeal to the State Supreme Court. Within a few years, that appeal may be heard.
If that is rejected, a round of Federal Court Appeals takes place.
Once all appeals are exhausted (about 20 years), then Melanie may reconsider her stories and make a deal to implicate those who may have helped her with the murder or to obstruct justice. As long as she holds out any hope for an appeal, I believe she'll stay silent about what really happened and who was involved.
Of course, there is always the chance any possible accomplices can step forward anytime and add to what is already known about this case. But that is only an outside chance.

^^^^^^^^^^^^^^^^^^^^^^^^^^:1187603408.CR.Mothe
Oh it can't be as hopeless as all that .
There would be dozens of inmates just
saying "Heck with this" and hanging themselves .

[Dina_Dayel]

I have it on not very reliable authority but who knows who knows what in this case :
that there is NEW EVIDENCE in this case .
The perps walk among us .
:71526:

[totallyBARD]

^^^^^^^^^^^^^^^^^^^^^^^^^^:1187603408.CR.Mothe
Oh it can't be as hopeless as all that .
There would be dozens of inmates just
saying "Heck with this" and hanging themselves .

I am describing a clogged understaffed judicial system where virtually ALL lifers maintain innocence till their appeals run out. The process as I described it is quite normal and has been for years. Those very few who eventually hang themselves do so for a variety of reasons having nothing to do with the auto-appeal process taking too long.

[Dina_Dayel]

I know that .
They've figured out after about a year
that they're in PRISON .
:71526:

[~Erin~]

I have it on not very reliable authority but who knows who knows what in this case :
that there is NEW EVIDENCE in this case .
The perps walk among us .
:71526:

Wow, I wonder what the evidence is?

[Dina_Dayel]

I've been told ,"Wait and see" .
I've been told this for eight months .
Frankly: Melanie McGuire means nothing to
me . It's like a soap opera . Tune in next year :"It's later that day in Grover's Corners....." .:rolleyes:

[bugsy3]

Melanie McGuire has since filed an appeal. Further information will be posted here. Let's hope she remains in prison where she belongs. She is guilty of the heinous and depraved murder and dismemberment of her husband William. Pray for his family and friends.


From where are you getting this information? The appeal has not been filed yet.

[totallyBARD]

From where are you getting this information? The appeal has not been filed yet.

In NJ, paperwork for the first appeal must be filed within a short period of time after sentencing. The penalty for not doing so in NJ is that all rights to an appeal are waived.

Thus, the paperwork has been filed in a timely manner. Since there are so many people ahead of MM, and so few judges, the decision to hear any of her motions should be made sometime in 2008, possibly close to 2009 or later. If a decision to hear the motions is decided in her favor, a date will be set for the 3 judge panel to actually hear the motions.

Once again, appeals are automatic for convicted serious-felons who file in a timely fashion. If you study the NJ appellate protocol, you'll get a far more detailed explanation of what I am relaying to you today.

Hope that helps you.

[bugsy3]

Yes, the notice to file an appeal has to be filed within 45 days. But the appeal itself does not.

They are two entirely different animals.

The appeal has not been filed yet. It is still being worked on. So many issues to choose from in this trial:-)

[totallyBARD]

Yes, the notice to file an appeal has to be filed within 45 days. But the appeal itself does not.

They are two entirely different animals.

The appeal has not been filed yet. It is still being worked on. So many issues to choose from in this trial:-)

When you get a chance, you may want to check your facts with a NJ appellate-certified attorney. My understanding is the motions for an appeal have been filed. It's not a complicated process at all. In fact, it's very routine. If the appellate panel decides to even hear any motions way up the road, and a date is set even further down the pike, THEN MM's public defenders and any behind-the-scenes pro bono assistance in providing documentation will be more time-consuming and complex. JMO

[Justiceguy]

I have it on not very reliable authority but who knows who knows what in this case :
that there is NEW EVIDENCE in this case .
The perps walk among us .
:71526:

I would assume that this would be evidence of an accomplice. That's about all we can expect from this case.

[bugsy3]

When you get a chance, you may want to check your facts with a NJ appellate-certified attorney. My understanding is the motions for an appeal have been filed. It's not a complicated process at all. In fact, it's very routine. If the appellate panel decides to even hear any motions way up the road, and a date is set even further down the pike, THEN MM's public defenders and any behind-the-scenes pro bono assistance in providing documentation will be more time-consuming and complex. JMO

Already done.

What you're doing is confusing the notice to appeal with the actual appeal, they are different.

[totallyBARD]

Bugsy: You are entitled to disagree and I respectfully take your opinion under advisement.

[totallyBARD]

I would assume that this would be evidence of an accomplice. That's about all we can expect from this case.


I totally agree with you, Justiceguy. Since the direct, circumstantial, and DNA evidence against MM was overwhelming and led to her conviction of life in prison, State Prosecutor PP apparently saw evidence of one or more accomplices who may have helped Melanie murder her husband, dismember him, and/or obstruct justice. Like you, I am assuming and hoping any accomplices will be brought to justice so Bill's family and children can have the complete closure they deserve.

It is possible any accomplices are clammed up at the moment because they think MM's initial appeal is a slam dunk. Just like MM thought those suitcases would never surface.

Let's hope NJ law enforcement will continue their investigation and bring this appeal process imo to a more truthful reflection of who all was involved and what part each person might have played in the needless and very tragic murder of Bill McGuire. JMO

[Dina_Dayel]

Anything but working on Melanie's appeal "with every fiber of his being " .
He's working on the possible frame-up of the bar bouncer Littlejohn in Brooklyn already tried and convicted in the press for the Feb 2006 murder of the 24-year -old law student killed and
dumped by the side of the road in Brooklyn .
Frame-up goes all the way up to associates
of Rudy Giuliani .
Check conspiracy theory by Judy David .
I smell more high profile TV exposure for Tacopina .
Melanie will be so last year's news .
Conspiracy theory by Judy David:INhouseReading04:

[Dina_Dayel]

Greta Van Susteran Dec 22nd .

[GardenGirl]

I was watching CTV last week and they were recapping some trial from 1990 or something, and the case was similar to MM's. NOt the murder, but the evidence upon which the conviction occured. Jamie said the case didn't have enough for an appeal, and that good lawyering had happened on both sides. Maybe some little appealable stuff, but nothing that jumped out at you like in Cynthia Somers or Marty Tankleff. She said the MM case was one she likened it to. A few appealable things, but not anything that was majorly wrong, good lawyering on both sides.
Now, what she meant by good lawyering, is the logistics of both sides having done their jobs correctly. They followed the rule of law, etc.
A snarkly little circumstantial case that might stick in your craw, but not enough to do anything about.
GG

[Dina_Dayel]

Cause I ain't plannin' on doin'
a GoshDarn thing about it .
I watched for seven weeks .
I worried for seven months .
Enough is enough is enough .

[totallyBARD]

With so many other convicted killers ahead of Melanie Mcguire waiting to see if NJ Appellate Judges will even hear their appeal, it may be quite some time before there is any news on that front. In the meantime, MM continues to wash laundry at the Edna Mahan Correctional Facility in Clinton New Jersey.

Any accomplices currently remain free.

[totallyBARD]

I published a link to an article dated 1/31/08 which speaks to this issue. See "Melanie McGuire Convicted" Board.

[NJ_Nurse]

To any interested parties: TruTV (formerly Court TV) will be doing a special on Monday March 17, 2008 at 9pm EST on the investigative process used to bring Melanie McGuire to justice. This show usually mentions something about the appeal at the end of each case....

[NJ_Nurse]

Resource: http://ws.gmnews.com/news/2007/0425/Front_page/001.html

April 2007 Woodbridge Sentinel

Tacopina and Turano said they would appeal on substantial issues.

"There is the issue of the outside influence of the jury," said Tacopina. "This was discussed on Friday [April 20] when a note was found in the jury room that was left by an alternate juror and also the discussion of Internet blogs."

Tacopina also discussed that there was a Brady issue, which he explained was when the prosecution knows a piece of evidence that tends to be favorable to them.

"In this case, they knew that Dr. Bradley Miller [who had a three-year affair with McGuire] had perjured himself under oath during grand jury testimony and we did not know about it until he testified," said Tacopina.

Miller lied to the grand jury in 2005 that he did not have sexual relations with McGuire after he worked with state police to have a consensual wiretap made with McGuire. He had sexual relations with McGuire one time after the wiretaps.

Tacopina also said there was an issue over territorial jurisdiction and accomplice liability that the state did not prove beyond a reasonable doubt.

"There is still the issue of 'if not her, then who else,' " he said. "That is still the unanswerable question."

In response to the defense's decision to appeal, the state said they had no comment at this time and said they would not comment on the issue of an accomplice.

[CopperDog]

To any interested parties: TruTV (formerly Court TV) will be doing a special on Monday March 17, 2008 at 9pm EST on the investigative process used to bring Melanie McGuire to justice. This show usually mentions something about the appeal at the end of each case....

Thanks for the heads up, I for sure want to watch this.

[Harmony]

Thanks for the heads up, I for sure want to watch this.

I will also be watching. Thanks NJ Nurse for letting us know.

[bugsy3]

Just a heads up guys. The show tonight was simply a rerun of the dateline show from last year.

None of the new investigation some people were telling us all about here.

[NJ_Nurse]

As I have always said, TruTv's Investigators showed the process by which MM was brought to justice. And the jury's guilty verdict was proven once again.

Check out the family-fan web site Bugsy, a place where you post already, to see where the talk is often of NEW news, which these same few people say will show MM's innocence. No matter what the talk is, they still have produced no NEW evidence and not one of them has gone to the police with their alleged evidence. Hmmmmmmm

I predict the appeal will be a losing venture. The evidence of guilt has not changed. There is simply too much of it directed right at Melanie. Even if for some odd reason, a new trial would ever be granted because of some technicality, imo she'd be found guilty again. Like I said, the evidence could fill a football field.

[bugsy3]

As I have always said, TruTv's Investigators showed the process by which MM was brought to justice. And the jury's guilty verdict was proven once again.

Check out the family-fan web site Bugsy, a place where you post already, to see where the talk is often of NEW news, which these same few people say will show MM's innocence. No matter what the talk is, they still have produced no NEW evidence and not one of them has gone to the police with their alleged evidence. Hmmmmmmm

I predict the appeal will be a losing venture. The evidence of guilt has not changed. There is simply too much of it directed right at Melanie. Even if for some odd reason, a new trial would ever be granted because of some technicality, imo she'd be found guilty again. Like I said, the evidence could fill a football field.

First off, TRUTV apparently don't have investigators... why not call the show by it's true name, "dateline"?

Secondly, the place for "new" information is in the appeal at this point, once it is able to go forward.

[NJ_Nurse]

...Secondly, the place for "new" information is in the appeal at this point, once it is able to go forward.

I totally disagree. If someone's mother or best friend knew for sure that their daughter/best friend did not plan the murder, did not buy the gun, did not shoot her husband, did not chop him up, did not obstruct justice, because her evil twin sister really did it.....they'd be at the police station in about 10 seconds. No one in their right mind would make their supposed loved one wait a few years to bring exonerating evidence forward at a new trial IF a new trial were to ever be granted for some odd reason. lol lol

[bugsy3]

I totally disagree. If someone's mother or best friend knew for sure that their daughter/best friend did not plan the murder, did not buy the gun, did not shoot her husband, did not chop him up, did not obstruct justice, because her evil twin sister really did it.....they'd be at the police station in about 10 seconds. No one in their right mind would make their supposed loved one wait a few years to bring exonerating evidence forward at a new trial IF a new trial were to ever be granted for some odd reason. lol lol


Sure, if such new information is of the "smoking gun" variety, you're absolutely correct. We're in complete agreement there.

But just perhaps, that's not what you have seen referred to. And to be honest, I've seen very few, if any claims from people who have said they have such evidence.

[12AngryMen]

Melanie's appeal will probably be filed in the early fall this year. Baker Botts, a globally respected Washington DC legal firm, is researching and writing the appellate brief. If it's necessary they'll also present oral arguments. I expect that her conviction will be reversed and the case remanded for retrial. Go "Team Melanie"!

[GardenGirl]

What are your expectations based on?
GG

[ILoveJustice]

Though the Melanie McGuire appeal may be getting a smidgen of help from behind the scenes, she is an officially declared indigent who will be represented by a Public Defender should her appellate appeal move forward.

The John Glatt investigative book on the case is due for release Dec 2, 2008.
"To Have and To Kill: Nurse Melanie McGuire, an Illicit Affair, and the Gruesome Murder of Her Husband" is the name. Can be pre-ordered from Amazon.com
http://www.amazon.com/Have-Kill-Melanie-McGuire-Gruesome/dp/0312941668/ref=sr_1_1?ie=UTF8&s=books&qid=1227220416&sr=1-1

Lastly, the Discovery ID cable show "Solved" will air a one hour special episode, "Broken Vows," starting Dec 8, 2008 on what it took to resolve the William McGuire murder case. These episodes usually repeat 3 times a day for about a week.

[ILoveJustice]

Check this book review out by NJ reporter Rick Malwitz, who covered the Melanie McGuire trial daily with author John Glatt.

http://www.mycentraljersey.com/article/20081126/OPINION06/811260374/1069/newsfront

[12AngryMen]

what are your expectations based on?
Gg

The truth.

[12AngryMen]

I am very pleased to report that Melanie's attorneys have finally received all of the delinquent, certified trial transcripts and that her appeal is currently re-scheduled to be filed in early May this year.

Baker Botts LLP, a globally respected law firm in Washington DC, is providing pro bono representation in Melanie's appellate action. I am hoping that her conviction will be reversed and that a retrial will not be necessary. I believe Melanie McGuire is innocent and she was wrongly convicted.

12:-)

[nanabillie]

Hey friend, why do you think that?

[12AngryMen]

Hi NanaBillie -- Good question! I really wish I knew who killed Melanie's husband (Bill McGuire) but I am absolutely convinced that Melanie is NOT responsible for this crime. Why? I look forward to the day when the public finally learns THE TRUTH in this case and that will be when Melanie's criminal appeal is filed with the Court and heard by a panel of Judges. Just a glimpse into what's on the horizon: The appellate issue concerning prosecutorial misconduct is HUGE just by itself alone! This was a horrible, brutal crime and Bill certainly did not deserve the fate he met; an unknown murderer walks the streets, the wrong person is in prison, and two children have lost both their parents. It's going to take time but I have 100% complete faith that Melanie's conviction WILL be overturned! Easter Blessings to Everyone at HFTM, 12:-)
.

[Tracian]

I have to say, I don't know if she is guilty or not; I will say that if she is, there is no way IMO that she did this on her own; and I find it incredible that she would not have 'rolled over' on someone in order to cut herself a lighter sentence.

[annalyzer]

Hi NanaBillie -- Good question! I really wish I knew who killed Melanie's husband (Bill McGuire) but I am absolutely convinced that Melanie is NOT responsible for this crime. Why?


Yes, why?

[nanabillie]

I still don't know why you are sure she is innocent. Don't get me wrong. I am not saying you are wrong, but I watched most of the trial. I thought they proved she was guilty. I don't remember a lot. I remember them talking about the saw. I guess one of the main things was the suitcase matched her luggage as I remember. Then the letter that was supposed to be from the mob taking blame for it. I never heard of the mob doing that before. Did she admit to writing that letter or did the just insinuate that she did? You and I are friends, don't get upset with me. You obviously are close to the people involved and to me it is another murder trial on TV. I know it involved real people with real lives.
Was there something that points to someone else. Besides the boyfriend. I felt at the time of the trial that he helped her.

[annalyzer]

I still don't know why you are sure she is innocent. Don't get me wrong. I am not saying you are wrong, but I watched most of the trial. I thought they proved she was guilty. I don't remember a lot. I remember them talking about the saw. I guess one of the main things was the suitcase matched her luggage as I remember. Then the letter that was supposed to be from the mob taking blame for it. I never heard of the mob doing that before. Did she admit to writing that letter or did the just insinuate that she did? You and I are friends, don't get upset with me. You obviously are close to the people involved and to me it is another murder trial on TV. I know it involved real people with real lives.
Was there something that points to someone else. Besides the boyfriend. I felt at the time of the trial that he helped her.

Don't forget the ezpass showing she went over that bridge, the moving of the car, the dna on the floor of her car......

[nanabillie]

That handsome attorney......:) I know his name just can't think at the moment. Like Joe Tacopina. Not sure of the spelling.

[nanabillie]

Anyone read the John Glatt book?

[12AngryMen]

I still don't know why you are sure she is innocent. Don't get me wrong. I am not saying you are wrong, but I watched most of the trial. I thought they proved she was guilty. I don't remember a lot. I remember them talking about the saw. I guess one of the main things was the suitcase matched her luggage as I remember. Then the letter that was supposed to be from the mob taking blame for it. I never heard of the mob doing that before. Did she admit to writing that letter or did the just insinuate that she did? You and I are friends, don't get upset with me. You obviously are close to the people involved and to me it is another murder trial on TV. I know it involved real people with real lives. Was there something that points to someone else. Besides the boyfriend. I felt at the time of the trial that he helped her.


Hi NanaBillie -- I'm not upset with you at all; friends can disagree and still respect each other, right? I certainly can't blame you for thinking that the State proved their case BARD. They did a really good job of obscuring the truth from the public and from the jurors. One of the appeal issues will deal with prosecutorial misconduct which was so egregious that IMO all the jurors would have surely found MM not guilty! It's best to wait for the appeal to be filed and after that happens we'll have a lot to discuss:-)
.

[12AngryMen]

I am very pleased to report that Melanie's attorneys have finally received all of the delinquent, certified trial transcripts and that her appeal is currently re-scheduled to be filed in early May this year.

Baker Botts LLP, a globally respected law firm in Washington DC, is providing pro bono representation in Melanie's appellate action. I am hoping that her conviction will be reversed and that a retrial will not be necessary. I believe Melanie McGuire is innocent and she was wrongly convicted. 12:-)


UPDATE: The appellate team has elected to take advantage of an automatic 30-day extension and therefore the appeal is now due to be filed in the second week of June.
.

[lyndawitha"y]

UPDATE: The appellate team has elected to take advantage of an automatic 30-day extension and therefore the appeal is now due to be filed in the second week of June.
.

Hi Angry..(LOL)..I have been trying to locate any information of "Appellate Issues"..but everything is either outdated..or refers back to blogs...So I for one would really be interested in the points that will be brought up.

I dont think Melanie did this..however..much like another case in California, I do think the jury was overwhelmed by suppositions and judgement on her infidelaty..So, for what it's worth, I didnt think they proved it BARD..but thats just me...

If you can give specifics, I would appreciate it..TYIA

[12AngryMen]

hY lYnda! LOL! I was so glad to see your nic again and thanks so much for your post:-) It's been a while and I hope everything's going well for you. As I wrote to NanaBillie, it's best we wait until the appeal's been filed before details can be published on the board for discussion. It's just over two years since the 4/23/07 conviction and IMO that's two years too long for an innocent person to have been wrongfully imprisoned. Do you mean Cindy Sommer's case in CA? OT, Cindy spent 869 days in prison and she now has a hearing re-scheduled for 8/28 to get her case dismissed with prejudice. In both Melanie's and Cindy's cases the female defendants were judged by their sexual behavior and the manner in which they grieved the deaths of their husbands. In Melanie's case I view the State's claim that her affair was the motive for murder as "The Scarlett Letter Syndrome". 12:-)

[nanabillie]

Was it proven it was her luggage? Did it just look like her luggage? If her's, would someone actually go to her house to retrieve her luggage to put body pieces in? Why? Why not just kill him and throw away the body? If noting else, that one piece of evidence just stays with me. Would Melanie have been so sure of herself that she thought no one would realize it was her luggage?
Is her boyfriend and his wife together now?

[packy]

Wasn't there some thought that her husband had taken some luggage with him when he left the house? That letter was so damaging and yet did they ever prove she wrote it? I had so many questions at the time but did not follow the whole case.

[annalyzer]

Wasn't there some thought that her husband had taken some luggage with him when he left the house? That letter was so damaging and yet did they ever prove she wrote it? I had so many questions at the time but did not follow the whole case.

I did. She's guilty and where she belongs. There was so much evidence proving she was guilty: the gun, the blanket from the fertility clinic used to wrap the body, the trashbags, the ez pass record, the affair, moving his car, her apt. so clean that nothing was found in it. The list goes on and on.

http://www.cbsnews.com/stories/2007/09/26/48hours/main3300536.shtml

[annalyzer]

The prosecutor skipped spotlight and stuck to evidence

Posted by The Star-Ledger July 17, 2007 12:13PM
Categories: McGuire murder trial

Date: 2007/04/24

Series: THE McGUIRE VERDICT


The prosecutor skipped spotlight and stuck to evidence
By MARK DiIONNO
STAR-LEDGER STAFF

Prosecuting attorney Patti Prezioso went into this case understanding the public fascination with Melanie McGuire and appreciating the charismatic, media-friendly quality of defense attorney Joe Tacopina. Prezioso knew she wasn't the star of the show.

And she never tried to be.

In fact, Prezioso did the opposite. She dampened her personality to let the evidence rise.

That was never more apparent than last Tuesday when, for three hours, she faced the jury, recounting six weeks of testimony and evidence as she summed up the state's case against McGuire.

Over and over, Prezioso used the word "evidence."

"The evidence should guide your decision."

"There is a myriad of evidence that leads right to the defendant."

"This is not about drama. This is not about looks. It is about evidence, and the evidence speaks loud and clear."

She talked about how the absence of evidence sometimes speaks louder than evidence.

"Yes, there is no evidence of Bill McGuire's DNA in the bathroom, but there was no evidence of Melanie McGuire's DNA or (their) children's DNA, either. It was all wiped away."

The state had 55 boxes of evidence, and Prezioso did her best to empty each one for the jury.

Chemical evidence of similarities between the bags used to wrap Bill McGuire's body and those found in the home of her parents; DNA evidence of particles of Bill McGuire's flesh, found in the car Melanie McGuire admitted moving after he disappeared; ballistics evidence of bullets used to kill him, the same kind Melanie McGuire had purchased, with the gun, days before his death.

The prosecutor showed a minute-by-minute timeline of Melanie McGuire's actions in the days after her husband's disappearance, using extensive cell phone and E-ZPass records to establish that McGuire had time to drive to the Chesapeake Bay Bridge-Tunnel, dump her husband's body and make it back home in time for a lunch date.

"And during all that time, about nine hours," Prezioso said, "this woman who virtually lives on the telephone, made only 12 minutes of cell phone calls."

When she finished, the jury was given instructions by Judge Frederick De Vesa and sent home to rest up for deliberations. McGuire and her family quickly left the building, and behind them went the small army of television people from all three networks and Court TV, the freelance writers and courtroom bloggers and news reporters.

Tacopina was escorted into the white Court TV production tent anchored outside the Middlesex County Courthouse.

As the residual rain and wind from last week's nor'easter tore at the flaps, the defense attorney could be seen inside, sitting in a director's chair, facing the white lights of the camera, even brighter on this dismal day, talking to the nation of Melanie-watchers.

Outside, Prezioso walked by, lugging her own files on a wheelie cart, her head down against the wind-whipped misty rain, with her unruly head of black curly hair, uncut for six weeks, blowing crazy.

There were no cameras, no media tagging along.

And that was just the way Prezioso wanted it. Her case strategy -- and overall philosophy -- has always been to let the evidence speak for itself.

In a world where courtroom drama has crossed the line into entertainment, Patricia Prezioso has made a career of not playing that game.

"Courtrooms weren't designed to be theaters," she said last week. "There is only one audience I'm concerned with. The 12 people in the jury box aren't watching me for entertainment, they're watching me to help them make a serious decision."

And she is serious. As serious as the charges she prosecuted in the McGuire case.

"I learned working in Morgenthau's office to approach this job as meticulous and professional as possible," she said, referring to Manhattan District Attorney Robert Morgenthau. "It's important for a jury to see me as a credible public servant. Work as a prosecutor is the most important job in government. I don't want to make it sound corny, but I truly believe justice must be served."

Prezioso made it clear she didn't begrudge the defense team the attention it received and, in fact, thinks aiming the term "celebrity lawyer" at Tacopina was unfair.

"Joe is an excellent attorney," she said. "He was able to turn some of our evidence and witnesses to his advantage. I learned some things watching him."

She also realized Tacopina's personality -- the humor, flair, charm and, when he needed it, the bare-knuckled chivalry he showed in defending his client -- was not something she could, or would, compete with.

"That's not my fight to be in . . . My fight is to get justice done," she said. "I need to make sure the jury hears the witnesses and the evidence. My job is not to create other noise."

And so yesterday, the jury told her they heard the evidence loud and clear.

"That summation was outstanding," said assistant prosecutor Chris Romanyshyn after the verdict. "She brought in all the small pieces of evidence and made a compelling case. She outlined it beautifully."

When the verdict came in, Prezioso was finally pushed to center stage. At a news conference at the Middlesex County Prosecutor's Office, she was publicly congratulated by her bosses, Attorney General Stuart Rabner and Criminal Justice chief Gregory Paw, and was publicly thanked by Cindy Ligosh, Bill McGuire's sister, on behalf of the McGuire family.

When that was over, Patti Prezioso was grabbed by a television producer and led out into the sun toward the Court TV tent, reluctantly ready for her close-up.

http://blog.nj.com/ledgerarchives/2007/07/the_prosecutor_skipped_spotlig.html

[annalyzer]

Forgot about this little piece of evidence

excerpt ~

Assistant Attorney General Patricia Prezioso told jurors McGuire forged a prescription for a powerful sedative, chloral hydrate, using the name of a patient from her clinic April 28, 2004, the day her husband disappeared.


http://pysih.com/2007/06/05/melanie-mcguire/

[nanabillie]

I have watched so many trials and get some of them confused, but did a friend of Melanie's say she went to the house and there was a very loud smell of bleach and that Melanie was cleaning the bathroom? That may be a different case.

[annalyzer]

I have watched so many trials and get some of them confused, but did a friend of Melanie's say she went to the house and there was a very loud smell of bleach and that Melanie was cleaning the bathroom? That may be a different case.

Yes. In fact her apt. was so clean that there was absolutely no hair/skin cells/dna found in the drains from anyone.

[12AngryMen]

UPDATE: The appellate team has elected to take advantage of an automatic 30-day extension and therefore the appeal is now due to be filed in the second week of June.


http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=/20090530/NEWS/905300339&template=printart

Melanie's team of appellate attorneys anticipates filing the brief on Monday 6/8. The above referenced article (published today 5/30) mentions that "new facts" will be presented in the appeal:-)
.

[12AngryMen]

http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=/20090530/NEWS/905300339&template=printart

Melanie's team of appellate attorneys anticipates filing the brief on Monday 6/8. The above referenced article (published today 5/30) mentions that "new facts" will be presented in the appeal:-)


Since I'm unable to edit my last post (quoted above) please alllow me to make an important clarification:

The most significant point of information that's contained in the above referenced article is that the appellate brief will be STRENGTHENED by the "NEW FACTS". This is excellent!
.
.

[Tracian]

Since I'm unable to edit my last post (quoted above) please alllow me to make an important clarification:

The most significant point of information that's contained in the above referenced article is that the appellate brief will be STRENGTHENED by the "NEW FACTS". This is excellent!
.
.



I wonder what the new facts are....this is going to be interesting.

[RayStar]

I hope she wins an appeal and hope she does not drag anyone else into the case. However, I would not be disappointed if the appeal were denied. I never liked that overly clean bathroom. There should have been someone's DNA there it seems. I don't think the crime was committed in that dwelling.

Annalyzer thanks for your great posts here. My thoughts on the verdict was did the state actually prove her guilty. Some verdicts are so clearly obvious this one is/was questionable for me. I believe she did it. I just don't think the stated proved it.

[Bayou Lass]

I would like to see her win an appeal. RayStar I am with you, I don't think the State proved their case. Also, I don't think that she could have mutilated the body and put it into suitcases by herself. This is one that I am still sitting on the fence.

[annalyzer]

I would love for anyone who thinks Melanie is innocent to explain away the mountain of evidence against her.

I won't hold my breath. :smile:

Melanie is where she belongs. A jury of her peers found beyond a reasonable doubt that the mountain of evidence
against her proved she murdered her poor husband and threw him away like trash. :mad:

[12AngryMen]

Good morning everyone -- It's such a pleasure for me to be amongst open-minded thinkers!

It's a general misconception that the TH was totally devoid of any DNA. After searching five times, and even ripping out the plumbing in the master bathroom, the State was unable to find a sufficient amount of DNA evidence which would be consistent with a human dismemberment having occurred in the shower stall. Having failed to find any conclusive forensic DNA, PP claimed in her CA that this LACK of evidence was PROOF that a horrific murder was committed in the TH. So, who did the jurors believe? Melanie's co-worker who could have been overcome by the odor of bleach in the air on a hot and humid summer day (and who later at trial changed her grand jury testimony to embellish it with claims that the TH "smelled like a morgue") or the State which failed to present any direct evidence which was scientifically proven to be attributable to the defendant, or both?
.

[annalyzer]

Good morning everyone -- It's such a pleasure for me to be amongst open-minded thinkers!

It's a general misconception that the TH was totally devoid of any DNA. After searching five times, and even ripping out the plumbing in the master bathroom, the State was unable to find a sufficient amount of DNA evidence which would be consistent with a human dismemberment having occurred in the shower stall. Having failed to find any conclusive forensic DNA, PP claimed in her CA that this LACK of evidence was PROOF that a horrific murder was committed in the TH. So, who did the jurors believe? Melanie's co-worker who could have been overcome by the odor of bleach in the air on a hot and humid summer day (and who later at trial changed her grand jury testimony to embellish it with claims that the TH "smelled like a morgue") or the State which failed to present any direct evidence which was scientifically proven to be attributable to the defendant, or both?
.

Okay, let's say it was not proven that Melanie cut up her husband's body in the apt., which by the way was only a theory on the prosecutor's part. Can you explain away the rest of the evidence against her? The gun, the bullets that she purchased matching the bullet that killed him, the trashbags, the luggage, the ez pass, the prescription forgery, the moving of his car, the piece of the poor man's flesh found on the floorboard of his car.....

Did I miss anything?

[12AngryMen]

Hi annalyzer -- Good question and I certainy understand your point of view. I have no need to "explain away" any of these points because I wouldn't be offering excuses only true facts. However, I can tell you that there's so much more to this case than what the State presented and much of what the general public accepts as the "truth" has become a web of distortions and misinformation. Please be patient until after next Monday (6/8) when we can all discuss the points in the case that you've mentioned with a greater perspective grounded in fact not fiction. I promise it'll be well worth the wait. Have a great day all!
.

[SavannahStar]

I didn't follow her trial much, but just reading this thread has me interested now!

[Bayou Lass]

Time will tell I guess whether or not she will get a re-trial. Can't wait until 6/8 to see what happens.

[Faith]

I watched most of the trial. I agreed with the verdict.

[annalyzer]

Melanie McGuire appeals conviction in husband's murder

By RICK MALWITZ • GANNETT NEW JERSEY
• June 8, 2009

The lawyer for convicted murderer Melanie McGuire of Brick has filed motions with the Appellate Division of Superior Court, including a request for an "overlength brief" and a motion to "supplement the record."

The motions were filed Monday, the day McGuire was scheduled to file an appeal brief, seeking to have her guilty verdict overturned.

In 2007, a Middlesex County jury found McGuire guilty of the murder and dismemberment of her husband, William T. McGuire, whose remains were found in May 2004 in three suitcases found near the Chesapeake Bay Bridge and Tunnel in Virginia.

The request for an "overlength brief" seeks permission to go beyond the court's 25-page limit on an appeal brief. The request to "supplement the record" seeks permission to introduce material not presented at the original trial.

The state has 10 days to respond to the motions, according to a court spokesman.

The motions were filed by Jamie S. Kilberg, an attorney with Baker Botts of Washington, D.C., who is representing McGuire during he appeal.

Once the appeal is filed, the state has 30 days to file a reply brief. The case has been assigned to Deputy Attorney General Daniel Bornstein.

Arguments would be heard by the Appellate Division of Superior Court.

McGuire, now 36, was found guilty April 23, 2007, ending the most sensational murder trial in Middlesex County in the era of the new media, drawing the attention of newspapers, television news magazines, the Internet and Court TV.

McGuire is serving her sentence at the Edna Mahan Correctional Facility for Women in Union Township, Hunterdon County.

Attorney Stephen Turano, who represented McGuire at the 2007 trial, said she hopeful that her appeal of the verdict will be successful.

"She would love a new trial," Turano said.

During the trial, the jury was told that William McGuire was killed at the Woodbridge apartment within hours of the McGuires' closing on a new home in Warren County on April 28, 2004. Melanie McGuire lived on Constitution Drive in Brick until her conviction.

Following the verdict, a motion was filed with Superior Court Judge Frederick DeVesa in New Brunswick, seeking a new trial or a mistrial.

The motion questioned the jurisdiction of the state of New Jersey to try the case, since there was no direct evidence the murder occurred in New Jersey.

The motion also questioned the indictment charging McGuire with being an accomplice, without having charged anyone else with a role on the murder.

The motion also cited the fact that members of the jury admitted to reading Internet blogs during the trial, violating the judge's instructions to avoid all media coverage.

The motion was denied by DeVesa, the trial judge, who sentenced McGuire to life in prison for the murder and related charges.

It is not known what elements of the motions for a new trial are included in the appeal brief.

http://www.app.com/article/20090608/NEWS/90608135/1001/rss

[nanabillie]

I didn't think there was a doubt at all. Just my opinion. And it was not based on her having an affair. Not to say she didn't have help cutting him up and put him into HER luggage.

I would think if my drains were checked, my DNA and DH's DNA could be found. Accidently cutting my finger while doing dishes, his occaional nose bleeds that usually happen in the shower could more than likely be found in at least one place. Lack of DNA sometimes is worse than No DNA.

[PatC]

I watched that trial and I'd have voted "guilty".

[Tracian]

I didn't think there was a doubt at all. Just my opinion. And it was not based on her having an affair. Not to say she didn't have help cutting him up and put him into HER luggage.

I would think if my drains were checked, my DNA and DH's DNA could be found. Accidently cutting my finger while doing dishes, his occaional nose bleeds that usually happen in the shower could more than likely be found in at least one place. Lack of DNA sometimes is worse than No DNA.


That was the major problem I had with the case---no evidence became evidence.

I think that she did kill her husband; but I don't think she did it alone; I don't think the SA offered a reasonable scenario as to how she did do it alone.

What bothers me about this case, and others like it, is that at times the SA gets such tunnel vision they rather see a guilty person not charged than mess up their investigation even if flawed.

The Dowaliby case for instance...the SA convicted the little girls father for her murder, finally the evidence proved he did not kill her, he was released but the SO and SA refuses to continue to investigate the murder, even though they have very compelling evidence as to who really killed Jacklyn.

[annalyzer]

I don't really care if she had any help or not. She was the one who bought the gun and ammo, she was the one who was married to him and having an affair, she was the one who forged the scrip for the drug, etc. Melanie is the mastermind if not the only one involved and is where she belongs.

[annalyzer]

McGuire appeal: Defense claims bullets that killed husband were from different gun

By RICK MALWITZ • STAFF WRITER • June 9, 2009

MIDDLESEX COUNTY — The bullets that killed William McGuire did not come from the gun purchased by his wife, Melanie McGuire, according to a brief filed on her behalf with the Appellate Division of state Superior Court.

Based on its investigation of "publicly available material,'' the appeal asserts, "... the pistol purchased by Melanie McGuire could not have been the murder weapon.''

The argument is based on bullet markings that the defense contends could not have come from the gun McGuire purchased several days before her husband's slaying.

On April 23, 2007, a Middlesex County jury found McGuire guilty of the murder and dismemberment of her husband, after hearing testimony that her husband was shot and killed at their Woodbridge apartment on April 29, 2004.

RELATED
Melanie McGuire's attorney appeals conviction in husband's brutal Woodbridge murder

The jury was told the cause of death was wounds from two bullets shot from a .38-caliber Taurus gun Melanie McGuire had purchased in Pennsylvania.

William McGuire's severed remains were found in three suitcases found near the Chesapeake Bay Bridge and Tunnel in May of 2004.

The defense contends that the gun, "Could not have been the murder weapon. Unlike the gun that fired the bullets found in Mr. McGuire's body, the gun Ms. McGuire purchased has five lands and grooves, not six.''

Lands and grooves are distinctive markings a bullet makes when it is fired from a gun.

The defense is basing its findings on information available on the Taurus Web site. It allows a computer user to input a serial number and retrieve information about the gun.

"Everything they're basing their findings on -- none of this is new information. Everybody had access to this information,'' said attorney Patricia Prezioso, the lead prosecutor for the state.

"This was something missed by the prosecution and the defense, with the information that was right there (on the Internet),'' Prezioso said.

It was information also available to the media and to the countless followers of a trial that received wide publicity, and blanket coverage from Court TV.

Prezioso said there would be no doubt about the source of the bullets that caused the death of McGuire, if the gun was located.

"The only was to prove the number of lands and grooves is to test the gun,'' said Prezioso, who now works in private law practice.

The location of the gun remains a mystery.

McGuire told investigators she put the gun in a lockbox, but when investigators located her lockbox, the gun was not found.

RELATED
Melanie McGuire's attorney appeals conviction in husband's brutal Woodbridge murder

McGuire, who did not testify at the 2007 trial, is serving a life sentence at the Edna Mahan Correctional Facility for Women in Union Township, Hunterdon County.

The appeal, filed by attorney Jamie Kilburg of the Washington, D.C. law firm of Baker Botts, included additional arguments, questioning the reliability of the state's expert witnesses and the incidents that tainted the jury.

It also repeated arguments at trial -- that there was no direct evidence that a murder took place at the Woodbridge apartment.

The appeal also questioned elements of the sentencing, including Superior Court Judge Frederick DeVesa's decision to enhance the sentence because the crime "was committed in an especially heinous, cruel or depraved matter.''

The appeal asserted, "To aggravate the murder charge, the court had to find that the murder itself was heinous, atrocious and cruel -- not that the separately charged post-conduct was.''

The state has 30 days to respond to the defense brief. The case has been assigned to Deputy Attorney General Daniel Bornstein.

http://www.mycentraljersey.com/article/20090609/NEWS/90609018/McGuire+appeal++Defense+claims+bullets+that+killed +husband+were+from+different+gun

[Tracian]

I don't really care if she had any help or not. She was the one who bought the gun and ammo, she was the one who was married to him and having an affair, she was the one who forged the scrip for the drug, etc. Melanie is the mastermind if not the only one involved and is where she belongs.


That is where we disagree. I think that someone that helps with a murder or after the fact should be brought to justice.

Justice should be about the truth and protecting society. Anyone that could assist with a crime especially as heinous as murder and dismemberment is a danger to society, and IMO, it is plain laziness on behalf of LE and the SA not to completely 'close' a case.

[annalyzer]

That is where we disagree. I think that someone that helps with a murder or after the fact should be brought to justice.

Justice should be about the truth and protecting society. Anyone that could assist with a crime especially as heinous as murder and dismemberment is a danger to society, and IMO, it is plain laziness on behalf of LE and the SA not to completely 'close' a case.


I don't think they ever had any proof of anyone helping her, only thought it was possible. Can't go after someone if you don't know who they are. I don't think anyone helped her until after the fact, her stepfather and others maybe with the notes and phone calls.

[Tracian]

If the gun does not match...that is going to be a huge problem for the SA.

[Tracian]

I don't think they ever had any proof of anyone helping her, only thought it was possible. Can't go after someone if you don't know who they are. I don't think anyone helped her until after the fact, her stepfather and others maybe with the notes and phone calls.



IMO, they never really tried to investigate if someone else was involved; they had MM and that was good enough.

[annalyzer]

If the gun does not match...that is going to be a huge problem for the SA.

If true, and I don't think it is, why didn't her defense bring this up at trial? I think they are just grabbing at straws.

But I could be wrong. :grin:

[Tracian]

If true, and I don't think it is, why didn't her defense bring this up at trial? I think they are just grabbing at straws.

But I could be wrong. :grin:


After Nifong, nothing surprises me where high profile cases are concerned. This could be all defense smoke and mirrors; however, if this turns out to be accurate information, that is going to pose the question as to why this has only been made known now.

[packy]

If this is true then how did they miss this. Wow!

[Tracian]

If this is true then how did they miss this. Wow!

In the McMartin case, there was so much discovery...just mountains of it, that the defense nearly missed a very important letter written to the SA by the complaining witness that proved the complaining witness was a very mentally ill.

It turned out that the lead SA sorta kinda 'buried' it, the letter was in the box of discovery, but somehow was not on the inventory list ac comping the boxes.

The reason the defense even found it was one of the SAs resigned when he saw they way the case was being manipulated by the lead SA, and alerted the defense about the letter.

I am not saying that this is the case here...but stranger things have happened.

[packy]

Oh yes how sad the McMartin case was.

[Fresca]

The gun receipt with the serial number, model number, and price was put up on a huge monitor in the courtroom for everyone to see. Nothing was hidden from the defense, the judge, the jury, or the public. Everyone missed it, including the media.

[Fresca]

There are 2 bullets missing that could match her gun.

According to the ME and MM's defense lawyers, they said he could have been shot up to 4 times. One of the 2 bullets fell out of the victim's dismembered body when ME moved it onto a gurney. The 2 missing bullets could also have fallen out when MM and her accomplice cut, moved, and packed the victim.

The 2 bullets found must have come from her accomplice's gun.

This not-so-new information does not exonerate her participation in the murder in any way. She was convicted on accomplice liability. She is guilty.

[annalyzer]

There are 2 bullets missing that could match her gun.

According to the ME and MM's defense lawyers, they said he could have been shot up to 4 times. One of the 2 bullets fell out of the victim's dismembered body when ME moved it onto a gurney. The 2 missing bullets could also have fallen out when MM and her accomplice cut, moved, and packed the victim.

The 2 bullets found must have come from her accomplice's gun.

This not-so-new information does not exonerate her participation in the murder in any way. She was convicted on accomplice liability. She is guilty.


Why would there be a need for 2 guns to murder this poor man? That is ridiculous imo. I want to hear from an expert or two that those bullets absolutely could not have come from the gun melanie purchased before I put much more thought into this. I've never believed she had any help in murderering, cutting up or disposing her husband's body.

[Tracian]

There are 2 bullets missing that could match her gun.

According to the ME and MM's defense lawyers, they said he could have been shot up to 4 times. One of the 2 bullets fell out of the victim's dismembered body when ME moved it onto a gurney. The 2 missing bullets could also have fallen out when MM and her accomplice cut, moved, and packed the victim.

The 2 bullets found must have come from her accomplice's gun.

This not-so-new information does not exonerate her participation in the murder in any way. She was convicted on accomplice liability. She is guilty.


This information about an accomplice does not fit with the SA's case. If there is an accomplice then why did the SA say that MM did it alone?

MM most likely is guilty, but if there is evidence of an accomplice, and the SA left that out because it hurt their case, then this case needs to be retired.

[annalyzer]

This information about an accomplice does not fit with the SA's case. If there is an accomplice then why did the SA say that MM did it alone?

MM most likely is guilty, but if there is evidence of an accomplice, and the SA left that out because it hurt their case, then this case needs to be retired.


excerpt ~

Prezioso told jurors that McGuire most likely had an accomplice, but no one has been named or charged. The prosecutor acknowledged that there were some unanswered questions, but said there was still "overwhelming" evidence to convict the mother of two.

http://www.foxnews.com/story/0,2933,267902,00.html

[Tracian]

excerpt ~

Prezioso told jurors that McGuire most likely had an accomplice, but no one has been named or charged. The prosecutor acknowledged that there were some unanswered questions, but said there was still "overwhelming" evidence to convict the mother of two.

http://www.foxnews.com/story/0,2933,267902,00.html


Are they still investigating who this accomplice is? Or are they going to give a murderer a free pass?

[annalyzer]

Are they still investigating who this accomplice is? Or are they going to give a murderer a free pass?


I don't believe the prosecution ever contended that an accomplice helped murder William but may have helped in the disposal and/or cover-up afterwards. In that case they wouldn't have been charged with murder anyway.

[Tracian]

I don't believe the prosecution ever contended that an accomplice helped murder William but may have helped in the disposal and/or cover-up afterwards. In that case they wouldn't have been charged with murder anyway.



But if we have a second gun, that could mean a second shooter. I am anxious to see what this all leads to.

[Fresca]

McGuire was convicted of murder under accomplice liability, and throughout the trial the prosecutor referenced her "accomplice".

Front seat floormats on the driver and passenger side revealed post-mortem skin cells and showed that 2 people had tracked the victims skin into the car. Her step-father, Michael Cappararo, accompanied her to Atlantic City on one of her trips down to see if her husband's car, which she admitted moving, had been discovered by police yet. Also, she called EZ Pass and tried to have a very incriminating charge removed, then an "anonymous" male (wonder who?) called and tried the same on the victims's EZ Pass- after we know the victim was dead. McGuire and Cappararo were recorded speaking in code in recorded phone conversations. Drugs were planted in the victims sisters garden, and it was confirmed by evidence, that her step-father made an "anonymous" call to the victim's sisters police department- stating that she was a drug dealer and that she kept her stash outside in her garden. I wonder how the step-father knew that there would be drugs there?

There were no less than 7 anonymous letters and phone calls. One was identified as her step-father, Michael Cappararo. Another was identified as her friend Francine Lakatos. The rest were in letter form, so no voice identification could be done, and of course- no fingerprints were found on any of these anonymous communications from various "concerned citizens".

So who is most likely responsible for the other anonymous communications? Does anyone believe the mob wrote one as a confession?

If her accomplice is ever brought to justice they will be tried under the same charge. Murder.

[Fresca]

But if we have a second gun, that could mean a second shooter. I am anxious to see what this all leads to.


The medical examiner and McGuire's own defense attorney both stated that there could have been up to 4 shots.

2 bullets were recovered with the body. 1 was in the body. 1 was found under the body, by the medical examiner, when moving the body onto a gurney. The body was in pieces, with the victims insides turning to mush and falling out.

WHERE ARE THE OTHER 2 BULLETS?????

It is CERTAINLY POSSIBLE that McGuire and her accomplice BOTH shot the victim, and those 2 EXTRA bullets that are missing were from her gun. Who knows? Maybe her new gun misfired? Maybe she missed her target and her accomplice figured he'd do it?

It's not as if victims are never shot by 2 people.

McGuire needs to produce her gun so that it can be tested to see if it had ever been fired, and to see if, in fact, it matches the receipt.

A receipt with a serial number is not proof that she is innocent. The gun shop owner, who sold her the gun, was 75 years old at the time, and according to customers his store is a disorganized mess. Recording mistakes could have been made, with numbers being transposed or misread. We've all made purchases which recorded the wrong price, the wrong model number, the wrong date, etc.

[annalyzer]

The other two bullets could have fell out of him when he was chopped up.

I find it very hard to believe that Melanie and another person both had guns and both shot William to kill him.

I believe Melanie is the only one that murdered her husband. Let's wait to see how the state replies to this before we worry too much about the gun issue.

I do believe it is possible that someone could have shot two rounds from another gun into the corpse to throw off investigators. I wonder if they could have determined that at autopsy?

[Fresca]

I was reading another post somewhere, and the poster doubted that if the store owner mistakenly transposed some numbers that a model gun similar to MM's would have shown up.

So I went to the Taurus website and transposed some numbers very close to the serial numbers on the receipt.

Recorded on the receipt is .38 spec. XA-53389- comes up 5 grooves.

But.......................... .38 spec. XA-53889- comes up 6 grooves- which matches 2of the possible 4 total bullets pumped into the victim.


Taurus makes a number of .38 specials with model 85 numbers which are very close:

XA-53339
XA-53389
XA-53889
XA-58889
XA-58339

Now imagine the 75 year old gun shop owner. Think it's possible he could have mistaken a #3 for a #8, or vice versa? I'm over 40 and I can tell you that I have a hard time with 6's, 3's, and 8's. Ask around and conduct a little test yourselves. IMO, it's more than a possibility.



Here is the Taurus website. http://www.taurususa.com/products/findmodel.cfm
Put in the serial number XA-53389 and click search. On the right-hand side of the page a box will pop up with the model and production year- click go. A picture of the gun will come up. Scroll down the right- hand side and you will see "grooves". This model has 5.

Now transpose some of those 3's and 8's and you will see that at least 5 different model85's come up, and at least one leaves 6 grooves- like the bullets found with the body.



McGuire needs to produce the gun to try to PROVE that it was not the murder weapon AND that it matches the receipt.

[Fresca]

Also, I'm sure there were more forms filled out than 1 simple store receipt. There were probably state and federal forms to be registered, which would have also recorded the serial number of the gun.

But.....

even if the serial number on any other forms matches the serial number on the store receipt- WE DON'T KNOW IF COSCIA LOOKED AT THE GUN BOX EACH TIME OR LOOKED AT THE FIRST FORM HE MAY HAVE INCORRECTLY FILLED OUT. Thus, recording the wrong serial number again, and again, and again.


So....

WE NEED TO SEE THE GUN BEFORE ANYONE GIVES ANYONE THE BENEFIT OF THE DOUBT.

[Fresca]

I do believe it is possible that someone could have shot two rounds from another gun into the corpse to throw off investigators. I wonder if they could have determined that at autopsy?

Very interesting theory. I might watch too much tv, but I'm positive the medical examiner can tell if a gunshot wound is post-mortem. I don't think that line of questioning was pursued in the McGuire case though.

I have no idea what kind of tissue samples, blood, fluids, etc. that an ME keeps. And since the body isn't available, and was such a mess even when it was available, I don't know if that type of test could have ever been performed.

All this talk gave me an idea. You know how criminals will sometimes pick up the shell casings at a crime scene so less evidence is left behind? I wonder if MM dismembered the body looking to retrieve bullets? Crazy? Or not too crazy for someone like her? :blondblush113268230

[annalyzer]

Bullet mystery creates smidgen of doubt in Melanie McGuire case

June 12, 2009

More than five years after bullets were found in the body of William T. McGuire — whose body had been chopped up, stuffed in three suitcases and dumped into the Chesapeake Bay — there is fresh doubt about what gun actually was used in the murder.

The familiar story was always this: Three days before McGuire was murdered by his wife Melanie in their Woodbridge apartment, Melanie purchased a .38 caliber Taurus gun in Pennsylvania, and bullets found in his body were consistent with bullets fired by a Taurus.

But not that Taurus, the defense now argues.

The bullets found in McGuire's body had six lands and grooves, referring to markings on a bullet made when fired. However, according to the manufacturer of the Taurus, the model sold to Melanie had five lands and grooves.

Friends of Melanie, who maintain her innocence, did an Internet search, plugging in the gun's serial number into the manufacturer's Web site. They learned the gun purchased in Pennsylvania was not the gun used to kill William McGuire, and pointed it out to the defense.

It was friends who also enlisted the help of Baker Botts, the Washington, D.C., law firm handling Melanie's appeal.

The appeal filed this week quoted from the true-crime paperback by John Glatt "To Have And To Kill." Glatt wrote how the state "left no stone unturned to get a murder conviction against Melanie McGuire."

After citing this passage the appeal notes, "It is difficult to fathom, that the state was not aware that Ms. McGuire's firearm had only five lands and grooves."

This is a serious charge.

Patricia Prezioso, who prosecuted the case for the state, insists she and her team were unaware of the difference.

Left unstated in the appeal brief was that the defense team at trial failed to unturn every stone, and discover the discrepancy in bullets. This was a serious mistake.

Had the jury known the gun purchased in Pennsylvania was not the gun that killed Bill McGuire, might that have created reasonable doubt? (Despite repeated attempts to interview them, none of the jurors have spoken for the record about the trial.)

Prezioso said this week that just because the serial number suggests five lands and grooves and not six is not the final answer. The serial number could have been written wrong by the gun seller. There could have been a mix-up in the manufacturing of the gun.

The only way to know for sure would be to test the gun. But the gun's missing. The last person known to have custody of the gun was Melanie McGuire. Why doesn't she tell where it is, so it can be tested?

Because, say her friends, the gun was bought for William, who wanted a gun but was unable to purchase a gun because he had a felony conviction. William knew the whereabouts, but he's dead.

So there's a missing piece to the puzzle. However, if you put together a 100-piece Niagara Falls puzzle and one piece is missing, you still recognize the puzzle as being the Niagara Falls with 99 pieces in place.

Put together the murder puzzle, and even with the bullet piece missing you know Melanie killed him, says Prezioso.

I left the trial thinking Melanie was slam-dunk guilty. Enough pieces of the puzzle were in place to suggest to a reasonable person she did it. But this bullet mystery creates a smidgen of doubt.

http://www.mycentraljersey.com/article/20090612/OPINION06/906120309/1069/newsfront/Bullet+mystery+creates+smidgen+of+doubt+in+Melanie +McGuire+case

[annalyzer]

Convicted suitcase killer Melanie McGuire seeks another trial

by Sue Epstein/The Star-Ledger
Tuesday June 09, 2009, 6:16 PM

Attorneys for convicted killer Melanie McGuire want an appellate court to consider sending the case back to Middlesex County for a hearing on new ballistics evidence they say should lead to a new trial.

According to attorney Stephen Turano, the defense has evidence the weapon McGuire purchased in Pennsylvania days before her husband, William, was shot to death and dismembered in 2004, could not have been the murder weapon.

Information obtained from the gun manufacturer, he said, proved "the number of lands and grooves machined into the model gun Ms. McGuire purchased in 2004 is inconsistent with the markings on the bullets described by the state's own experts."

Jamie Kilberg, a Washington, D.C., attorney who is helping with the appeal, said in an affidavit that he learned in April of the existence of a data base at a website for the manufacturer, Taurus International Manufacturing Inc., and typed in the serial number of the weapon. The site provided detailed information about the handgun, a .38 caliber special, including the fact that it had five grooves -- markings inside the weapon's barrel that place markings on the bullets loaded in the chamber when it's fired -- he said.

Two state ballistics experts testified during McGuire's trial that the two bullets removed from William McGuire's body had markings consistent with a gun that had six lands and grooves, according to Turano's court papers, which were filed Monday.

Kilberg said he spoke with a representative from Taurus and with two ballistic experts who said a gun with five grooves could not fire a bullet showing six lands and grooves.

In his court filing, Turano said McGuire's purchase of the weapon, as well as testimony that it was consistent with the bullets found in her husband's body, were key to the jury's convicting her of murder.

Patricia Prezioso, who prosecuted the case and is now in private practice, said neither she nor her ballistics experts ever said the bullets definitely came from the gun McGuire purchased because "we never found the gun."

"We don't know if the gun she bought was the one used to kill Mr. McGuire and we never will unless we find the gun, fire it and check the ballistics," Prezioso said. "That's why we said the markings were consistent with those of the gun she purchased."

The former assistant attorney general said neither she nor her investigators knew about the gun manufacturer's website and that there were similar guns with different markings.

"We absolutely didn't know," Prezioso said. "If we did, I would have brought it to their attention."

But, she said, the state's case against McGuire was much more than the evidence about the gun and she has "absolute confidence in this verdict."

The motion asks the appellate court to either accept the new information as a supplement to the trial record or send the case back to Superior Court Judge Frederick De Vesa, for consideration. The appellate courts cannot consider new evidence in an appeal unless it is made part of the trial record.

McGuire, a former nurse, was sentenced in July 2007 to life in prison term and is incarcerated at Edna Mahon Correctional Facility in Clinton.

During her trial, prosecutors argued McGuire, now 36, drugged, shot, then dismembered her husband before stuffing his remains in three suitcases that were dumped in the Chesapeake Bay. Prosecutors said McGuire killed the computer programmer in 2004 so she could be with her lover, Bradley Miller, a doctor who worked with her at a fertility clinic in Morristown.

McGuire never testified but her defense team insisted she had no role in the slaying. They said her husband was killed by someone else after he stormed out of their Woodbridge townhouse during a violent argument with his wife.

The state Attorney General's Office, which prosecuted McGuire, has 10 days to respond to the motions Turano filed.

Turano could not be reached for comment today.

In the 125-page brief Turano also filed with the appeals court Monday, he relied heavily on the new gun evidence as reason to overturn McGuire's conviction, arguing prosecutors knew or "had reason to know" the gun and the bullets were incompatible, but never disclosed the information to its own experts.

He also argued the jury was tainted by the publicity surrounding the trial and were "repeatedly exposed to highly inflammatory media accounts."

The Attorney General's Office's appellate brief is due next month, according to a spokesman for the Administrative Office of the Courts. There is no scheduled date yet for arguments in the case.

http://www.nj.com/news/mustsee/index.ssf/2009/06/attorneys_argue_weapon_purchas.html

[LiveLaughLuv]

In the 125-page brief Turano also filed with the appeals court Monday, he relied heavily on the new gun evidence as reason to overturn McGuire's conviction, arguing prosecutors knew or "had reason to know" the gun and the bullets were incompatible, but never disclosed the information to its own experts.

He also argued the jury was tainted by the publicity surrounding the trial and were "repeatedly exposed to highly inflammatory media accounts."

Oh my, is this playing out to be prosecutorial misconduct?

If they truly knew this wasn't the same weapon used, shame on them..

As I remember watching this trial, I was so sure she was guilty but had to have help. I never thought she acted totally alone..

[PatC]

I agree, LLL. I just don't see how she could have done this alone.

If she's so certain the gun she bought is not the murder weapon, where is it?

Finding the gun and test firing it will answer the question once and for all.

[nanabillie]

http://blog.nj.com/ledgerupdates/large_nastymelanie
http://blog.nj.com/ledgerupdates/2007/04/mcguire_verdict_reported.html

[annalyzer]

N.J. Attorney General files to block appeal in McGuire suitcase slaying case

by Sue Epstein/The Star-Ledger
Thursday July 02, 2009, 5:51 PM

http://blog.nj.com/ledgerupdates_impact/2009/07/large_melanie%20mcguire.JPG
Convicted killer Melanie McGuire in an April 2007 photo during her trial. McGuire is seeking a new trial, but the New Jersey Attorney General's Office today submitted court papers to halt the case's re-opening.

MIDDLESEX COUNTY -- The state Attorney General's Office is opposing efforts by attorneys for convicted killer Melanie McGuire to reopen her trial record to include new ballistics evidence they say should lead to a new trial.

In an 18-page letter today to the Appellate Division of Superior Court, Deputy Attorney General Daniel Bornstein also objected to efforts to return the case to New Brunswick for a hearing before the trial judge, Superior Court Judge Frederick De Vesa, another request in the appeal McGuire's attorneys filed last month.

Bornstein said evidence attorneys obtained from a website for Taurus International, manufacturers of the weapon McGuire purchased in Pennsylvania days before her husband, William, was shot to death and dismembered in 2004, did not prove the gun was not the one used in the murder.

McGuire's attorneys claimed information from the Taurus website, as well as from a customer service representative they spoke with, proved "the number of lands and grooves machined into the model gun Ms. McGuire purchased in 2004 is inconsistent with the markings on the bullets described by the state's own experts."

But, Bornstein wrote, "based upon (a) superficial investigation, defendant jumps to the conclusion that it is not possible that the gun she purchased was the murder weapon. The truth, however, is that the information on the website, and the information allegedly provided by the unidentified customer service representative, is inaccurate and misleading."

Grooves are markings inside the weapon's barrel that place markings on the bullets loaded in the chamber when it's fired.

Bornstein attached an affidavit from Robert Morrison, president of Taurus, who said the gun McGuire purchased could have had five or six grooves when it left the factory because Taurus uses parts and tools containing five and six grooves interchangeably when manufacturing the Taurus Model 85 .38 Special revolvers, the type gun McGuire purchased.

"Depending on the tooling availability, either 5 or 6 lands and grooves may be cut in the (barrel) in the Model 85," Morrison said.

"Therefore, depending on production needs, tool wear and availability, parts and tools containing 5 and 6 lands and grooves were, and are, used interchangeably in Model 85 production," he said, adding that there is "no way of knowing whether the revolver (McGuire purchased) had 5 lands and grooves or 6 lands and grooves."

The gun McGuire purchased was never found.

Two state ballistics experts testified during McGuire's 2007 trial that the two bullets removed from William McGuire's body had markings consistent with a gun that had six lands and grooves.

McGuire's attorneys sought to reopen the trial record or send it back to DeVesa for consideration because the appellate courts cannot consider new evidence in an appeal unless it is made part of the trial record.

In the state's opposition to McGuire's motion to reopen the record, Bornstein also argued McGuire's attorneys failed to show that the information they want to add to the record was unavailable to them at the time of trial and that it is inadmissible under court evidence rules because it is hearsay.

Steven Turano, McGuire's attorney, could not be reached for comment today.

The appellate court has not set a date to hear McGuire's motions to reopen the trial record.

McGuire, a former nurse, was sentenced in July 2007 to life in prison and is incarcerated at Edna Mahon Correctional Facility in Clinton.

During her trial, prosecutors argued McGuire, now 36, drugged, shot, then dismembered her husband before stuffing his remains in three suitcases that were dumped into the Chesapeake Bay, Prosecutors said McGuire killed the computer programmer in 2004 so she could be with her lover, Bradley Miller, a doctor who worked with her at a fertility clinic in Morristown.

http://www.nj.com/news/index.ssf/2009/07/nj_seeking_to_halt_reopening_c.html

[annalyzer]

From above link, "Bornstein attached an affidavit from Robert Morrison, president of Taurus, who said the gun McGuire purchased could have had five or six grooves when it left the factory because Taurus uses parts and tools containing five and six grooves interchangeably when manufacturing the Taurus Model 85 .38 Special revolvers, the type gun McGuire purchased.

"Depending on the tooling availability, either 5 or 6 lands and grooves may be cut in the (barrel) in the Model 85," Morrison said.

"Therefore, depending on production needs, tool wear and availability, parts and tools containing 5 and 6 lands and grooves were, and are, used interchangeably in Model 85 production," he said, adding that there is "no way of knowing whether the revolver (McGuire purchased) had 5 lands and grooves or 6 lands and grooves."

So much for that. lol

[Fresca]

Appellate Motion Denied in Melanie McGuire Appeal

--------------------------------------------------------------------------------

Appeals court shoots down McGuire's bid to introduce new evidence in Woodbridge suitcase murder

NJ.com Staff Report Wednesday July 22, 2009

MIDDLESEX COUNTY - A state appeals court has denied a bid by Melanie McGuire to introduce new evidence that her attorneys say show that markings on the bullets recovered from the remains of her husband did not come from the handgun she purchased days before his slaying.

In a ruling Tuesday, a two-judge panel ordered McGuire's attorneys to file a new brief and appendix in their ongoing appeal of her murder conviction without the information concerning the bullets within 14 days.
On April 23, 2007, a Middlesex County jury found McGuire guilty of the murder and dismemberment of her husband after hearing testimony that William McGuire was shot and killed at their Woodbridge apartment.
His body was found in three suitcases in the Chesapeake Bay a weeks after the April 2004 murder.
In June, the defense filed a motion seeking to supplement the record with the information about the bullets. McGuire's attorneys contended that bullets from the Taurus .38-caliber revolver that Melanie McGuire bought in Pennsylvania five days before William McGuire was killed have five lands and grooves, while the bullets recovered from the victim's body had six lands and grooves.
Lands and grooves are distinctive markings made on a bullet when it is fired from a gun.
The gun Melanie McGuire bought was never recovered. Prosecutors during the trial were only able to link the bullets with the make of weapon.


The argument of McGuire's attorney, Jamie Kilburg of Washington, D.C., was based on information obtained by the defense from an unnamed customer service representative and a Taurus Web site.
In a brief filed in response, Deputy Attorney General Daniel Bornstein argued that bullets recovered from McGuire's body were consistent with bullets that could have come from the Taurus .38.
In a sworn affidavit, Robert Morrison, the president of Taurus International Manufacturing Inc., indicated that the unnamed service representative was not entirely accurate, and information on the Web site "should not be relied on as accurate.''
The revolvers are manufactured in Brazil, according to Morrison. Depending on production needs, tool wear and availability of parts, the tools used make either five or six lands and grooves. The tools "were, and are, used interchangeably,'' Morrison said.
Kilberg could not be immediately reached.
McGuire, 36, is serving a life sentence at the Edna Mahan Correctional Facility for Women in Union Township, Hunterdon County.

http://www.mycentraljersey.com/artic...uitcase+murder

[Fresca]

Looks like the gun remains absolutely "consistant" with the murder weapon Melanie McGuire purchased to kill her husband after all.

Without producing the gun, it's OUT as an issue. And we all know MM made sure we're never going to see that gun again.

Now we wait for the appeal to be re-filed WITHOUT the gun motion.