Post by zebra on Jun 8, 2018 17:56:04 GMT
They must have made every effort to place Clifton in Tulare County the day Armour vanished. If Clifton was definitely in Vegas or had an otherwise solid alibi, so be it but it should be there in the Armour file (and Clifton’s attorney should have brought it up at Trial).
I'm not so sure about this. It might make sense if Clifton had an absolutely irrefutable alibi (such as being filmed by security cameras in a Vegas casino that Friday evening), but anything short of that just opens up another can of worms for the defense. It's bad enough that he's got a criminal record and a complicated alibi in the Richmond case. The last thing the defense would want would be speculation about even the possibility that he murdered another girl. The danger is that a jury might think, "Well, we aren't completely sure this guy's the perpetrator, but we already think he's a creep and we just can't take the chance of setting free a serial killer, so let's convict him for now and let the cops and courts straighten it out if he turns out innocent." (Fat chance of that, but that's the way some jurors think.)
Also, I don't know about California, but in my jurisdiction it's actually much harder for the defense, as a matter of legal standards, to lay the evidentiary foundation for a "reverse similar transaction" than it is for the prosecution to introduce other crimes and cases. You not only have to show a common plan scheme or design but you also have to identify a specific alternate suspect. (It's a stupid rule, but that's what you get when most of your appellate judges are former prosecutors.)
Turning to another issue, the podcast suggests that the TCSO had already developed a theory that a couple of local boys were somehow involved in the Armour incident. They may have gone well down this rabbit hole before Oscar Clifton moved back to the area in 1975 and, if so, he might not have been on their radar for Jennifer's case until after they had already convinced themselves that the boys in question were their prime suspects.
And, again, according to the podcast, TSCO was so certain of its case against Clifton (based on mostly on the ledger and his criminal record) that they did not start seriously investigating his alibi for the Richmond case until after they discovered that forensics had struck out on every single aspect of the case. If they were that slow to even investigate his alibi for the case at hand, I suspect they didn't put a lot of effort into the investigation of his whereabouts in another state more than a year earlier.
But, who knows? I agree that it would be fascinating to see what they actually have in their files regarding the Armour case.