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Old 05-06-2021, 02:45 PM   #151
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This is a case I've often thought about throughout the years. I might get slaughtered for this, but I'm gonna go against general opinion and say this could very well have been an accident instead of a homicide that was covered up. Here's why:

The thing that seems to have initiated the murder conspiracy theory was the claim by the train crew that the boys were partly covered by a tarp. I really have trouble believing this. No tarp was found. If there had been a tarp, then it must've been shredded to pieces. It would've been impossible for cops to have recovered all those pieces in time before anyone could've seen them.
I seem to remember at least one person who worked the scene that night saying that they saw a tarp. Also, the tarp could have blown off as the train approached. I never got the impression that the boys were wrapped up in a tarp, just that it was lying on their bodies.

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Another thing is Malak's ruling that the boys smoked 20 joints that night. Just like everybody else I find that rather ridiculous. I don't know if it's sheer incompetence (the guy doesn't have the best reputation) or perhaps LE encouraged him to come up with a ruling that supported their accident theory because they just wanted speculation about murder to end. If he was part of a cover-up, wouldn't he have come up with a less suspicious amount, like 5 maybe? Since there was no evidence of a tarp, they could've easily sold the theory that the boys fell asleep on the tracks and the crew just didn't see them in time because of the darkness. That would've raised far less questions.
20 was the amount of marijuana cigs they would have had to smoke in a short amount of time to actually PASS OUT and not wake up from the noise and shaking of the train.
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Old 05-06-2021, 03:09 PM   #152
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I seem to remember at least one person who worked the scene that night saying that they saw a tarp. Also, the tarp could have blown off as the train approached. I never got the impression that the boys were wrapped up in a tarp, just that it was lying on their bodies.
A big coincidence it blew off just as the train approached. It was also a train crew member who supposedly saw the tarp after the incident. If it was nearby, then why didn't anybody else see it? Or are you suggesting that it was immediately removed by someone who was part of the conpiracy?

It's also not very smart for the killer to put a tarp on the bodies. What if it hadn't blown off and was actually shredded to pieces?

I do not believe there was a tarp, but even if you do, why does it mean someone else put it there? Maybe the boys found the tarp and decided to use it as a blanket because they were cold

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I20 was the amount of marijuana cigs they would have had to smoke in a short amount of time to actually PASS OUT and not wake up from the noise and shaking of the train.
I don't think they would need to be passed out not to wake up in time. A deep sleep would be enough, especially if the crew didn't notice them until it was too late. If you google, you'll find multiple cases of people who fell asleep on the tracks and were run over. I don't think they all had smoked 20 joints.

https://www.google.com/search?q=peop...utf-8&oe=utf-8
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Old 05-08-2021, 01:34 PM   #153
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Don Henry's shirt showed evidence that he was stabbed with a knife, and Kevin Ives had a blunt injury to his head which matched a rifle butt. Neither of which would have been replicated by a train running them over.
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Old 05-08-2021, 05:34 PM   #154
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Don Henry's shirt showed evidence that he was stabbed with a knife, and Kevin Ives had a blunt injury to his head which matched a rifle butt. Neither of which would have been replicated by a train running them over.
How so? It must've been a pretty bloody mess. How would cuts on a shirt indicate he must've been stabbed with a knife?

As I understand it, the examiner who did the second autopsy complained Malak had mutilated Ives' skull, so I don't know if one can state it could NOT have been caused by the train running them over (I'm not even sure he did, as the Wikipedia article says Ives' skull MAY have been crushed byhis own rifle).
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Old 05-11-2021, 12:37 PM   #155
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How so? It must've been a pretty bloody mess. How would cuts on a shirt indicate he must've been stabbed with a knife?
I presume that the shirt had a cut which was ruled out as being caused by the train, and as coming from a knife. That's a pretty definitive detail that the second autopsy said.
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Old 05-11-2021, 01:42 PM   #156
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I can't find Burton's autopsy report or his testimony, so I don't know if he talked about (im)possibilities, probabilities or likelihoods.

Like I said, how can one determine that a cut on a shirt definitely came from a knife and not the train? A train has all kinds of sharp edges.

Malak did not find these cuts to be remarkable. Yes, his autopsy was flawed, but I can't ignore Burton's bias either as a private examiner hired by the family.
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