The Timing of both David's Arrival at Home and the Turning on of the Computer are Unreliable

The turn on time of the Bain computer was a critical part of the Bain trial.

The prosecution said that David came home from his paper run at around 6.43, turned on the computer and typed a fake suicide note in an effort to frame his father, the note read “Sorry you are the only one who deserved to stay” The defenses position was that David was not home when the computer was turned on, therefore the father was the killer of the family and the author of the suicide note.

David in his statement to the police said that he was at the corner of Heath and Every street at 6.40 am. Later he also said in another statement to police that he was home just after 6.40.  A key witness, Denise Lahey, stated that she saw David at the entrance to his driveway at sometime between 6.40 and 6.45.

The computer experts at trial in 2009 could not determine the precise turn on time of the machine because of the age of the computer but it was stated that it could have been any time from 6.40 to 6.45, with the most likely time of 6.43 so this timing enables David to be able to turn on the computer.

Joe Karam would like to think that Denise Lahey confirmed that she saw David at the gateway at 6.45 but Denise Laney maintains that she can only put the timing as anywhere between 6.40 and 6.45 and since she normally started work at 6.45 it is more likely to be closer to 6.40 that she saw him.

Relying on different people's interpretation of the time using wrist watches and other devices which are not synchronized with each other is a very unreliable way to establish evidence.  Joe Karam's assertion that David could not have typed the computer message hinges on both the key witness's interpretation of the time and the interpretation of when the computer was switched on, both of which are extremely unreliable.

If the computer turn on time was 6.43 then how can David be at the gate and turning on the computer both at the same time?  I thought it was decided that the method of determining the turn on time was unreliable because it depending on a policeman's watch?

What you have to understand is that all the times associated with the computer turn on time are approximate only' even David's times, one of them was that he was at the corner of heath and Every street at 6,40 it is only approx, and the time he arrived at home depends entirely how fast he ran or walked etc all one can really do is look at all the times involved and then make a guess, my guess based on all the evidence would be aprox 6.43 which certainly makes it possible for David to be responsible.

Here is some further reading on the subject.

A message on the computer at the Bains' home reading, "Sorry, you are the only one who deserved to stay" was presumed to have been written by the killer.

A computer expert, assisted by timings provided by Detective Sergeant Anderson, concluded that the computer had been turned on at 6.44 am.

A subsequent check of the officer's watch revealed it was two minutes fast, which meant the computer would have been turned on at 6.42 am.

As Bain was at the roadside at 6.45 am, Karam said in his book, "As established this witness is certainly not firm on the 6.45" he could not have been the killer.

But Justice Anderson noted that the computer expert's procedure - in which a message file was saved to determine the time the computer was switched on - had lasted six minutes.

"The two-minute error in Mr. Anderson's watch would not have the significance which Mr. Karam attaches to it," the judge said.

In his book, Karam said that if the jury had been told the computer was turned on at 6.42 am it could not have returned a guilty verdict.

So what this means is that the computer was probably turned on at 6.44 anyway, add on another 1 minute for the PC to boot up and the message to be typed, then add to this the fact that David testified he was back home shortly after 6.40 "testimony Karam always likes to ignore" and what you end up with is pretty close to absolute proof that David was in the house when the message was typed and definitely in the house when the finale shot was fired.

I feel I have done enough research in this area to confirm that Bain arrived home at around 6.42.30,but it could have been earlier if he jogged or ran the last 240m.Definitely no later.And,of course,6.42.30 fits bang in the middle of Bain's own estimate,two to three minutes.As for the computer turn on time,can only guess.But I think the detectives watch that the computer expert was going by was two minutes that makes the turn on time between 6.42 and 6.43.As I said in my reconstruction,I would have walked that 240m,the same gradient,in 3.15,and taking into account the over 50 year age differerence,and Bain's fitness levels,he would have had to have been one minute quicker than me.