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Defense for the Prosecution: Kai the Hitchhiker Trial, Part II

Philip Fairbanks

Posted on April 6, 2021 13:10

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Kai the Hitchhiker has been the victim of an unfair system after years of unconstitutional detention, questionable and potentially illegal investigation methods, and a trial where even his own defense attorney seemed out to get him. This is part two of a series touching on some of the issues specifically related to his trial.

In the first part of this series, I mentioned the judge in the Kai the Hitchhiker case refusing to allow courtroom surveillance tapes, which would prove that the court transcript and the judge's own words, regarding watching a video from "his perch on the bench," inaccurate. That wasn't the only possible reason for Judge Robert Kirsch to suppress the request of Caleb McGillvary, better known as Kai the Hitchhiker, to have the courtroom tapes reviewed.  



"I know they have security cameras in here and they're being viewed as we speak ... but there's no basis for me to do so and I'm not doing it." Kirsch had a second possible reason to make sure the tapes weren't entered onto the record. At one point, Prosecutor Scott Peterson changed the position of a laser pointer when showing the injuries to Joseph Galfy, Kai's alleged rapist. Why is this relevant? Galfy was discovered with his body face down on the floor. Kai claims to have woke up beneath him, with a strange taste in his mouth potentially indicated being drugged. Sadly, the investigators didn't bother to collect the numerous bottles at the scene and rinsed out what bottles they did collect. 

In laymen's terms, spoliation of exculpatory evidence means destroying anything that could prove a defendant innocent. It's also a felony. But what of the laser pointer and the location of injuries? The injuries that led to Galfy's death could have only been affected by someone underneath their potential assailant. Kai's hairs found on the side of the box spring also seemingly corroborate Kai's account. Remember that, in New Jersey, lethal force is authorized in the case of rape and sexual assault. Sadly, the police refused to run a rape kit on Kai (despite running one on the deceased Galfy so they could say they did run a rape kit). For the record, it's also a crime in New Jersey to refuse to run a rape kit on a victim of sexual assault when requested. Just one of many cases where the investigation ran afoul of proper protocol and even state and federal law. 

Kai claims that Galfy slipped drugs into Kai's beer and he woke underneath Galfy. If the potential evidence of drugging hadn't been destroyed, proving legal forcible self-defense would have been a cinch. Crime scene photos also include pill bottles. A toxicology screen came back negative at the time they ran it on the deceased alleged rapist, but they never tested Kai. 

Evidence Photo. https://www.facebook.com/therealkaithehitchhiker/. CC BY.

In another case of the defense acting in concordance with the prosecution, Kai's defense attorney, John Cito, played three-card monte, briefly referencing the glassware in the sink and the dishware, then going on to say, "I am not sure how you can test fibers for drugs." 

Part III should be online next week. In the meantime, if you haven't caught up, part I, also from The Latest, is available here. Crime scene photos, interview reports, and more discovery documents courtesy of the Kai Legal Support Page on Facebook.

Philip Fairbanks

Posted on April 6, 2021 13:10

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