Madeleine: McCanns consult American lawyers over 'cadaver dog' evidence

Last updated at 18:07 16 September 2007

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Kate and Gerry McCann's legal team have consulted the lawyers of an American man accused of murdering his estranged wife in a case where cadaver dog evidence was key, a source said today.


Two British sniffer dogs, one capable of detecting blood and human remains, were brought to Portugal in early August.

The cadaver dog picked up a "scent of death" on everything from Mrs McCann's clothes to missing Madeleine's favourite soft toy Cuddle Cat, according to reports.

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During police interviews the McCanns were shown a video of the animal "going crazy" when it approached their Renault Scenic hire car, newspapers have claimed.

Leaked reports from the investigation have suggested Madeleine's parents could have accidentally killed her and then disposed of her body using the car.

Although they do not know the full details of Portuguese prosecutors' case against them, the McCanns are concerned it may rest on the dog's reaction.

They want to highlight the judge's dismissal of cadaver dog evidence in the high-profile Eugene Zapata murder trial in Madison, Wisconsin.

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The couple's lawyers have already contacted Zapata's defence team, who are now sending their large file on the matter to Britain.
Zapata's estranged wife, flight instructor Jeanette Zapata, was 37 when she vanished on October 11 1976 after seeing her three children off to school. Her body has never been found.

Detectives suspected Zapata of involvement in her disappearance but did not charge him because of a lack of evidence.

Police decided to conduct new searches using cadaver dogs, a new investigative technique, when an old friend of Mrs Zapata contacted them about the case in 2004.

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Eugene Zapata (left) was convicted of first-degree murder of his estranged wife Jeanette (right) when sniffer dogs found traces of human remains at his home

Zapata, 68, was charged with first-degree murder last year after the dogs indicated they sniffed human remains in a small basement "crawl space" at the former family home in Madison and other properties linked to him.

But Dane County Judge Patrick Fiedler ruled last month that the evidence that led to the charge could not be put before the jury.
He said the dogs were too unreliable in detecting the odour of remains and noted that no remains were actually found.

The judge agreed with an analysis of the three dogs' track record by Zapata's defence team that found they were incorrect 78 per cent, 71 per cent and 62 per cent of the time.
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Gerry and Kate McCann: hired an American lawyer over sniffer dog 'evidence' that detected the 'scent of a corpse' on Mrs McCann's clothes

According to the Wisconsin State Journal, Mr Fiedler told the court: "The state has failed to convince me that it's any more reliable than the flip of a coin." Zapata denies murder, and the jury in the case went out on Friday to start considering its verdict.

A source close to the McCanns' solicitors said: "The legal team are in touch with the lawyers who represented the defendant in the case.

"The court papers, giving the legal submissions, are on their way to the McCann team for consideration.

"At the moment there are no formal charges and therefore there is no formal allegation against which the McCann team can work. We are having to work a little bit in the dark.

"But given that we understand the central plank of what the police are alleging involves sniffer dogs - albeit British ones which are said to be particularly good - this is important and relevant, and will be raised with the police and brought to the judge's attention."


Read more: http://www.dailymail.co.uk/news/article-482105/Madeleine-McCanns-consult-American-lawyers-cadaver-dog-evidence.html#ixzz1Hpodaw2D