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THE MONSON CASE: A CRITICAL OVERVIEW (The Forensic Evidence)

 

THE MONSON CASE: A CRITICAL OVERVIEW

Robert L. Schillagi, B.A., M.S.

 

 

   CONTENTS:
    ABSTRACT
    METHODS
    CASE OVERVIEW
        The Eye Witness Accounts
        The Forensic Evidence
        The McGohan Statement
        The Star Witness
        The Mystery Caller
        The Altered Police Report
        David Weinstein et al.
    RESULTS
    DISCUSSION
    REFERENCES

ADDENDUM
Letter to James Vargeson, D.A.

Komanecky's Allegation
Bertonica's Scenario
Monserrate's Ruling
Public Opinion

E-MAIL Media
Political

 

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The Forensic Evidence

Throughout the grand jury proceedings and the trial, the prosecution maintained that the defendant, Thomas Bianco, struck Julie Monson with his car, breaking her right leg, then took a knife and stabbed her to death as she tried to crawl away.

In his own words, this is what former District Attorney Paul Carbonaro told jurors and later, the public. The four paragraphs below were taken from an editorial written by Mr. Carbonaro and published in the Auburn Citizen on March 20, 1992:

"Willingly, the victim entered Thomas Bianco’s car. Thereafter, he attempted to force her to have sex with him. When she refused and threatened to go to the police, Thomas Bianco slapped and abused his former girlfriend. (FE-1)

Scared for her life, Julie Monson jumped from the car. Thomas Bianco chased her down, striking her, knocking her to the ground and breaking her leg. Thomas Bianco then left his car, took a knife and repeatedly stabbed Julie Monson in the chest. (FE-2)

How do we know all this? Because the defendant told his friends this is how he killed Julie Monson." (FE-3)

This is what the former District Attorney said about the forensic evidence:

"… not only did he confess to various details over and over again, but forensic (scientific) evidence was presented to the jury that totally supported how Thomas Bianco told his friends that he murdered Julie Monson, details that would have only been known by the murderer." (FE-4)

The next four paragraphs will give you a clear indication of what was presented at the defendant’s trial. The first two paragraphs were taken from an article that appeared in the Auburn Citizen on February 28, 1986. The third and fourth paragraphs were taken from an article that appeared in the Syracuse Post-Standard on the same date:

Dr. Janice Ross told jurors that Monson’s leg was broken when she was forcefully struck from the side. Prosecutors say Bianco tried to run Monson over, then choked and stabbed her after she refused his sexual advances. (FE-5)

… The autopsy discovered that her right leg was fractured just below the knee by a blow that probably occurred while she was standing, Dr. Ross said. (FE-6)

Please read these next two sentences very carefully and remember the words "color patterns."

Color patterns of the leg bone and a fragment found nearby indicate that the injury didn’t occur after Monson died she said. (FE-7)

"The fracture was there at the time of death, if not before – very shortly before", Ross said. (FE-8)

In early February of 1993, an individual named Mark Fleischman contacted the offices of the Syracuse Herald-American. His reason: the Monson case. Who was Mark Fleischman and what did he know about this homicide?

The excerpts below were taken from an article that appeared on the front page of the Syracuse Herald-American on February 14, 1993:

Expert’s Testimony Never Heard
In Monson Murder Case

By Dick Case
Staff Writer

Julie Monson’s leg may not have been broken before she was murdered in 1981, according to an anthropologist at Syracuse University. (FE-9)

. . . . . . . . .

Prof. Mark Fleischman, an anthropologist who teaches at the University, said Cayuga County pathologist Dr. Janice Ross asked him to examine Monson’s skeleton after it was found at Montezuma Wildlife Refuge in April 1983. (FE-10)

He wrote a report of his findings. He came to Auburn to testify at Bianco’s trial, nearly three years later. He waited in the district attorney’s office for the call to the courtroom. It never came. (FE-11)

Here, I would add that Professor Fleischman’s version of events is supported by published accounts at that time. For example, this paragraph was taken from an article that appeared in the Syracuse Post-Standard on February 26, 1986:

The body was taken to the Onondaga County Medical Examiners Office in Syracuse where it was examined by a pathologist, botanist and an anthropologist.  All three scientists are scheduled to testify. (FE-12)

Professor Fleischman offered this explanation as to why he was never called to testify:

I was told out and out, that they knew my position about damage to the knee of the skeleton contradicted Ross’s testimony that the fracture "was there at the time of death if not before, very shortly before " (FE-13)

Professor Fleischman’s analysis and his conclusion were based on:

… the brownish patina coloration he saw in a crack in the small piece of bone removed by state troopers from an area around the body. (FE-14)

That could suggest … that the bone absorbed color from the soil after it broke on impact with the ground. (FE-15)

Professor Fleischman goes on to say that the bone fragment that he examined was not with the skeleton:

"After I was through with the skeleton, at the end," he recalled, "I asked the state police to go back to the site to see if they could find anything more. They used screens and found the corner of the top of the tibia …." (FE-16)

As to the cause of death, Professor Fleischman said that he found no evidence on the skeleton to suggest how Monson died. However, FBI analysis of her clothing:

… turned up marks in her bra. Agents testified they were caused by a knife.  They concluded she was stabbed four or five times. (FE-17)

If you were present during the trial, or had access to the court transcripts, (which have been sealed) you would know that FBI Special Agent Edward Burwitz found no bloodstains on the brassiere. This summary appeared in the Syracuse Post-Standard on March 4, 1986:

FBI Special Agent Edward L. Burwitz testified Monday that his microscopic analysis of Monson’s brassiere – found in two pieces with one strap torn off – had sustained one "L-shaped" cut and four other stab cuts. (FE-18)

"There were four stab-type cuts present in the materials and probably a fifth," Barwitz told the jury as he held the pieces of the frayed and dirty undergarment. (FE-19)

. . . . . . . . .

Several holes were also found in Monson’s sweater, but Burwitz said the fabric’s weave made it impossible to determine whether they were caused by the stab cuts or deterioration from the weather. (FE-20)

Burwitz found no bloodstains on the brassiere or stab cuts on Monson’s underpants, he said. (FE-21)

Were the jurors aware of this apparent inconsistency? The answer to that question is yes. During his summation, District Attorney Paul Carbonaro made these observations. This paragraph was taken from an article that appeared in the Syracuse Post-Standard on March 11, 1986:

Carbonaro said stab cuts in Monson’s brassiere make it clear she was stabbed to death, even though an autopsy could not prove it and a murder weapon wasn’t recovered. A lack of fingerprints or blood marks, he said, does not rule out Bianco as Monson’s killer. (FE-22)

In the fifth paragraph of this article, Professor Fleischman is quoted as saying: "I was told out and out that they knew my position about damage to the knee and they wouldn’t call me." How much did "they" know? Consider what is said in these paragraphs carefully:

"… I was working for Dr. Ross. She was present during the analysis. Later, I wrote my report and submitted it to her. She never asked me about it." (FE-23)

… Fleischman said he did meet with District Attorney Paul Carbonaro … his staff and state troopers for a "brain storming session" just before the trial. (FE-24)

"The D.A. said I’d be called as an expert witness," he said. "We talked about some theories of how Julie Monson was killed." (FE-25)

They also discussed the prosecution’s theory that Monson had been struck by a car before she was killed. (FE-26)

Fleischman said he was told at that meeting he might be contacted by the defense and should cooperate. He wasn’t contacted. (FE-27)

Commenting on Dr. Ross’s qualifications, Professor Fleischman made these observations. Please read this paragraph very carefully.

Ross, who was certified in forensic pathology several months before the Bianco trial, had been the county pathologist. She later became coroner. Fleischman said the pathologist was not trained in the study of bones at that time. (FE-28)

On the last page of this article, Professor Fleischman made this statement:

He said he understood the politics of the situation as well.   "the coroner is expected to work as part of the district attorney’s team," he continued. "She’s expected to be a team player. If you become known as difficult, you’ll lose your job." (FE-29)

  • According to Dr. Ross’s testimony on the witness stand, most of Monson’s ribs were chewed or taken by animals.

 

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From Robert L. Schillagi, Research Specialist, IBEX Databases, Auburn, Syracuse and Rochester, New York.

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