Memorandum of Points and Authorities A. Preliminary - Justice Denied

Mr. Rabichow had never visited the scene previously; he relied on
information from Detective Monsue in telling the jury it would have
been impossible for Lisker to have seen his mother. (EHT Vol. I 150-
51; Exh B: 22.) Rabichow testified that after the scene was recreated
to be consistent with the trial record, he was able to see what would
have been Dorka Lisker’s head from the patio area outside the dining
room in the location from which Petitioner had said he saw his
mother’s head. (EHT Vol. I: 61-74, 102-03; Exh B: 22.)
finding:
After hearing the evidence, the federal court made the following
(Exh B: 22.)
The reconstruction diagrams and photographs, in
conjunction with the crime scene photographs convince
this Court that the victim’s head, if not her whole
upper body, would have been visible from the dining
room sliding glass door, as Petitioner described.
(c) Shoe print evidence
LAPD Criminalist Ronald Raquel, an expert in shoeprint
comparison, examined and compared photographs of the soles of the
Pacer shoes worn by Lisker on March 10, 1983 with the photographs of
the crime scene shoeprints that the prosecution asserted were made by
Lisker’s Pacer shoes. (See Exhibit W (Analyzed Evidence Report, April
20, 2005, LAPD Criminalist Ronald Raquel); Exhibit X (LAPD Follow-
Up Investigation Report, March 5, 2005,with photographs).)
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