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Tragic teenager could have made desperate freedom bid -- claim

Murder victim Rebecca Middleton could have made a desperate bid for freedom following an initial attack on her, the Supreme Court heard yesterday.

It was claimed she may have tried to escape the vicious attack on her but failed as the assault and fatal stabbing ensued.

The theory came as prosecution witness Dr. Henry Lee testified on his opinions in relation to the blood staining and spattering, and scene of the murder.

The Director of Forensic Science Laboratories for Connecticut State Police said an area of grass where her panties were found may have been where the first attack took place, and a heavily bloodstained patch nearby could have been the spot where she was seriously wounded.

In between the two spots -- just feet apart -- Dr. Lee speculated that Miss Middleton may have tried to get away, before the serious wounds were inflicted on her.

From there, he said it was his opinion that the 17-year-old was carried by two people to the middle of the road where her body was found.

Speaking of the first location, close to a tree, he said: "She probably received very minor injuries there. I didn't see much blood.

"Subsequently, something happened. She either tried to run away, walk away or crawl away, could be to escape.

"Then she received additional stab wounds to the front and back.'' "That caused excessive bleeding. Then her body was carried to the road,'' he added.

Dr. Lee, who told the court that he had 38 years' experience in crime scene reconstruction, forensic science and also had expert knowledge of blood spattering, was testifying as the Crown continued its case against Justis Smith.

Smith, 19, of Deepdale Road East, Pembroke, denies premeditated murder.

Miss Middleton, of Belleville, Ontario, Canada, was tortured, sexually assaulted and stabbed to death at Ferry Reach on July 3, 1996.

The Crown contends that the holidaymaker, who was staying with best friend Jasmine Meens, died after accepting a lift on a motorcycle with Justis Smith and Kirk Mundy.

Defence counsel John Perry QC argued that Miss Middleton could have walked to the road and fallen down. He said blood spattering from a standing position could have been covered by subsequent blood flow when she was lying on the road.

And he said that blood flows on the thigh also indicated that she was standing at some point.

He also said that she could have been lying down at some stage during the attack.

Dr. Lee said he disagreed that she was lying down and said that falling on the road would have caused injuries to her.

Mr. Perry questioned Dr. Lee on what Police said to him when they asked for his input into the investigation.

"Did they tell you what they were hoping to achieve?'' asked Mr. Perry.

Dr. Lee replied: "I guess they wanted my opinion on blood stains and pattern reconstruction.'' Earlier, Dr. Lee, who said he has written 20 books and 300 articles on crime scenes, talked the jury through graphic photographs taken at the scene and of the murder victim.

Miss Middleton's father, David, watched throughout as the horrific extent of the injuries were shown to the courtroom.

Teen may have tried to escape Dr. Lee described the flow of blood from her body in relation to the injuries and the position he believed Miss Middleton could have been in at the time.

The pattern, and the soil marks on her body, suggested she could have been in a seated position at one stage, he said.

He said there were many theories about how Miss Middleton ended up in the middle of the road but it was his conclusion that she was carried.

"I suggest the position of her legs, condition of her body is consistent with two people carrying her and depositing her in the middle of the road,'' he said.

And he added that the absence of blood on her hands and smearing of blood on the ankle were consistent with one person carrying the front and one the rear.

The lack of abrasions, lacerations and the extent of blood smearing also indicated that she wasn't dragged, or hauled herself to the road, or carried by one person.

In addition, Dr. Lee said the photographs didn't show any major blood spots that he would have expected if Miss Middleton had moved herself to her final resting place.

In cross examination John Perry accused Dr. Lee of adapting his evidence to fit what the Prosecution wanted.

"You have tailor-made your testimony to match the case the Crown is making,'' he said.

Dr. Lee replied: "That is an insult. I have never tailored my testimony, no one can buy my testimony. I have 38 years in my career, one thing I have is my integrity.'' Later, Government analyst Kevin Leask confirmed that no blood spots were found between the heavily bloodstained area where the serious wounds were inflicted and the road where the body was discovered.

"We carried out an extensive visual examination but also extended the search.

I realised the importance of establishing the presence of blood or absence of blood.

"I got down on my knees and searched that area.'' In cross examination Mr. Perry questioned Mr. Leask on the amount of alcohol in Miss Middleton's system.

He said the reading was 160 milligrams of alcohol in 100 millilitres of blood -- equivalent to ten glasses of wine or measures of spirits or five pints of beer.

And he confirmed that none of Justis Smith's blood was found at the scene.

The trial continues today.

Dr. Henry Lee