Memorandum of Points and Authorities A. Preliminary - Justice Denied

“considerable difference” between the sky cover and brightness of the
sun on the morning of March 10 and the morning of March 23. (EHT
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Vol. I: 168-69; Exh B: 20.)
Respondent called Michael Wilson, the LAPD photographer who
took the photographs in 1983 and testified at trial. As the federal
court concisely stated, “[t]he sum of Wilson’s testimony was that his
photographs show that the morning of March 10, 1983, was ‘bright’
and ‘sunny.’” (Exh B: 18.) On cross-examination, however, Wilson
admitted he was not even at the crime scene the morning of March 10.
(EHT Vol. II: 287-88.) This admission contradicted Wilson’s trial
testimony that he started taking pictures at the scene on March 10 at
11:30 in the morning. (RT 979; EHT Vol. II: 286-88; Exh B: 9, 20.)
Wilson tried to explain his trial testimony by stating that he had
mistakenly referred to the time he received the call to come to the
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The NOAA Surface Weather Observation records taken at the
Van Nuys Airport, on March 10, 1983 reflect that at 10:45 a.m., eighttenths
of the sky was covered by obscuring phenomena aloft, and
eight-tenths of the sky was actually concealed from view by obscuring
phenomena aloft. At 11:45 a.m. ten-tenths of the sky was covered by
obscuring phenomena aloft, and ten-tenths of the sky was actually
concealed from view by obscuring phenomena aloft. (Exh U: 2-3; Exh
V: 1; Exh B: 20.)
The NOAA Surface Weather Observation records taken at the
Van Nuys Airport, on March 23, 1983, reflect that at 10:45 a.m., twotenths
of the sky was covered by obscuring phenomena aloft, and twotenths
of the sky was actually concealed from view by obscuring
phenomena aloft. At 11:45 a.m. four-tenths of the sky was covered by
obscuring phenomena aloft, and four-tenths of the sky was actually
concealed from view by obscuring phenomena aloft. (Exh U: 5-6; Exh
V: 2; Exh B: 20.)
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