Rebuttal to Judge Julie Carnes’ Decision
Wolfe vs. Ramsey
BASEMENT LIGHTS/BUTLER DOOR
From Judge Carnes’ Decision:
“Certain undisputed evidence of how defendants' house was found on the morning of December 26 is also consistent with the intruder theory of the crime. For example, the lights were on in the basement, when first searched at approximately 6:15 a.m. that day. (SMF 129; PSMF' 129.) In addition, the butler's door to the kitchen was found ajar that morning (SMF 137; PSMF 137.) Defendants note that the butler's door was only a short distance away from the spiral staircase where the Ransom Note was found and within plain view of where the pad of paper used for the Ransom Note was found.”
FACT:
Nowhere does the judge indicate the intruder used the open windows or doors. There is no evidence to suggest an intruder used the butler door, when it became ajar and why. Did one of the family members open it looking for JonBenet and then not close it all the way? The Ramseys have always talked about the confusion of the morning.
From Perfect Murder, Perfect Town (Schiller, HB Edition) p. 61:
p. 60: “John Ramsey told Officers French and Veitch that he believed the house had been locked when he went to bed.”
p. 61: “…(Reichenbach) had examined the exterior doors and windows and had seen no signs of forced entry.”
It stands to reason that Reichenbach would have made note of any open exterior doors or windows during his examination of exterior doors and windows that morning; yet, nowhere is there any mention made of an open butler door.
From Inside the Ramsey Murder Investigation, (Thomas, 2000)
p. 19: “The sergeant (Reichenbach) found no evidence of forced entry during a walk through of the house, then went outside… He saw no fresh shoe impressions, found no open doors or windows, nothing to indicate a breakin, but walking on the driveway and sidewalks left no visible prints.”
It is the Ramseys’ and Lou Smit’s contention that the intruder came and left through the window in the basement.
From 48 Hours, 10/4/02 (Lou Smit interview with Erin Moriarty):
Lou Smit: "It's much easier to go out that window if you stand on something. You put the suitcase in front, you step on the suitcase, and you're right out into the window well. Lift the grate - you're gone. It's that easy."
How do other windows or doors tie in to the intruder theory, if the Ramseys already know the point of entry and exit was the basement window?
FACT:
The fact that the basement light was on suggests the person involved in the crime left it on. It gives no indication as to who that person was
More from Lou Smit on the window sill
From “Who Killed the Pageant Queen?”(7/11/01) (Mills, Tracey):
LOU SMIT: And that's exactly what the photographs show me. There was a great deal of foliage which was on the front of the grate and it actually had been pinched under the leading edge of that grate. Even when you pick the grate up you can see very clearly that there was green foliage right on the plate that the grate rested on. Also, in looking into the window well, the window in the centre the one that had been opened had a great deal of disturbance in that particular area of the window. You can also see what appears to be finger marks on the window frame itself.
Once again, there is no way of knowing exactly when the photos were taken. What is known is that Mr. Smit took photos of different sites in the Ramsey home, and he could not have done so at the time of the crime, since he was not employed by the DA’s office until three months after the crime occurred. Therefore, his photos cannot be said to be a true representation of how that window appeared on December 26, 1996. In addition, the window itself had been repaired.
If the photos are actual crime scene photos taken at the time evidence collectors were working in the Ramsey home, couldn’t one reasonably posit that John Ramsey himself left those finger marks on the window frame when he broke the window, reached in and unlocked the window, and entered the basement?
From Power Point Presentation - Larry King Live (05-28-2001)
LOU SMIT: And when we looked at photographs of the window well that leads into that window, we've also seen evidence of recent disturbance. There is also foliage under the grate that covers this window well, which would indicate that someone may have opened and shut the grate.
There is also disturbance on the windowsill of the middle window only, not the other two windows.
Larry King: Lou, if it is, though, a cover-up, couldn’t Mr. Ramsey or someone have gone out and done all those things?
Lou Smit: Sure, anything is possible. But he would have had to go out, and lift the grate, go through window well, he would have had to open the window, leaving perhaps finger marks on the window itself. There is also another window that leads into that basement where it also shows recent disturbance, as if someone may have tried to get in that window.
Larry King: No prints on the window?
Lou Smit: No prints that we know of on the window.
One must question why Mr. Smit thinks someone trying to stage the murder scene would be apt to leave prints on the window itself but the alleged intruder only left prints on the window frame.
It is also puzzling that an intruder entering through a filthy basement window did not leave any leaves or other debris in JBR’s bedroom, on the stairs leading to the first and second floors, or in the kitchen where he apparently wrote the ransom note.
The Chair Against the Train Room Door
From JonBenet, The Police Files (Gentile, Wright, 2003)
Page 314 (06-25-1998 interviews)
Lou Smit: "So you think that the chair would block the door and nobody would have gotten in there without moving it?"
John Ramsey: “Correct.”
Lou Smit: "In other words, let's say that the intruder goes into the train room, gets out, let's say, that window?”
John Ramsey: “Uh huh.
Lou Smit: "How in effect would he get that chair to block that door, if that is the case, is what I'm saying?"
John Ramsey: "I don't know... I go down, I say, "Ooh, that door is blocked." I move the chair and went in the room."
Lou Smit: So you couldn’t have gotten in without moving the chair?”
John Ramsey: "Correct... I had to move the chair."
Lou Smit: "The thing I'm trying to figure out in my mind then is, if an intruder went through the door, he'd almost have to pull the chair behind him... because that would have been his exit... so that's not very logical as far as......"
John Ramsey: "I think it is. I mean if this person is that bizarrely clever to have not left any good evidence, but left all these little funny clues around, they... are clever enough to pull the chair back when they left."
There seems to be no reasonable explanation for the chair’s presence at the entrance of the train room where an alleged intruder supposedly made both his entrance to the basement and his exit from the same window. The obvious question here is, why didn’t the intruder use the chair to reach the window to make his escape instead of perching precariously on a suitcase to do so? It would seem rather silly for an intruder to have spent hours in the Ramsey home, murder JonBenet while her parents were asleep in the house, and then suddenly become wary that someone might catch him as he made his escape from the window, so he placed the chair in front of the door.
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Detective Lou Smit
Lou Smit was hired in March of 1997, three months after the murder of JonBenet Ramsey, by Alex Hunter to assist in the investigation into the death of JonBenet Ramsey. He resigned from the investigation n September 1998.
In his resignation letter, Smit told D.A. Hunter he “believes the Boulder police have focused on trying to prove the parents killed their daughter rather than letting the evidence lead them,” and in fact became an advocate for the Ramseys after his resignation. (Ex-Ramsey Detective Vows to Help Family,” Rocky Mountain News, 9/29/98.)
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Now Lou Smit is working with Boulder D.A. Mary Keenan in the JonBenet Ramsey investigation. He went in convinced, no matter what the evidence showed everyone else, that an intruder killed JonBenet Ramsey.
For more Lou Smit working with the Boulder D.A. please visit our petition to appoint a special prosecutor in the JonBenet Ramsey case located here.
http://www.petitiononline.com/jbr246/petition.html