THE PHYSICAL EVIDENCE

The first officers on the crime scene, arrived at approximately 3:45 a.m. They knew they had a duty and responsibility to preserve the crime scene and any possible evidence that could possibly be found by homicide and forensic investigators. This did not happen in this investigation. Untrained, unauthorized officers entered the crime scene area, destroying and tampering with crucial evidence, which they then lied about to cover their actions.
For example, a partial footprint was later discovered by investigators. It was only a partial footprint because most of it had been destroyed by officers who roamed and trampled carelessly through the crime scene. These officers should not have been in the crime scene and violated their duty to preserve the evidence which would have proven favorable for Rodriguez.

Another example of tainted and reliable evidence was when a search warrant was initially conducted on Rodriguez´ motel room. There were estimated to be at least twelve officers inside the room, handling clothing and other items. At that point, only a few items were taken, however, a second illegal subsequent search was conducted by the chief homicide investigators who decided that they would take everything from the motel room and place it in police storage as evidence, (by this time, it cannot be determined how many more officers handled the clothing without it being placed into any type of plastic bag, left totally unprotected from any contamination during the searches).
Some months later, while the clothing was being hung out to dry by an officer, he decided to take a pair of pants to the crime lab. A ´tiny pin-sized´ spot of blood was discovered, but it could only be determined that it was human blood, (the spot was on the rear, upper leg area and couldn´t be determined if the spot of blood came from the inside of the pants or the outside). The fact that so many officers handled the clothing without wearing any type of gloves, there is a possibility that the blood could have come from one of the officers.

Physical evidence at the crime scene clearly proves that Klaess was a liar. There were two guns found at the crime scene and two different guns were used to kill the officers, (but not any of the guns found at the crime scene were the ones used to kill the policemen). A bullet ricochet was found on the top left side of the roof of the police vehicle, which experts stated came from a .38 cal. or possibly a .357 cal. gun. These experts testified the shot would have to have been fired from someone standing almost in the middle of the freeway lanes. Additionally, the C.H.P.´s shotgun was still inside the vehicle. This indicates at least five known weapons at the crime scene, but the possibility still exists that up to eight weapons could have been present at the time of the homicides.

The physical evidence at the scene and the officer´s condition after the murders provided irrefutable evidence of the extreme life and death altercation that took place. The mud, the vegetation surrounding the scene, all of the officer´s property that was scattered in a twenty five foot radius, the cuts, bruises, scrapes and mud that covered the two officers all indicate a major struggle took place. Yet there was not a scratch, scrape or bruise found anywhere on Rodriguez´ body when arrested within forty eight hours of the homicides. Rodriguez´ clothing that he wore the night of the murders showed no signs of rips or tears, mud or grass-stains or any evidence of having been in any type of fight. Considering that Rodriguez had been wearing Levi´s, a silk-type shirt, a suede vest, and a sports coat, it is totally unbelievable that he could have been in any life threatening situation with two well trained officers.

Test were also conducted on Luis´ hands, fingernails, proving that they contained no evidence of gun powder residues. It is also worth noting that the police lost various items which they seized from Rodriguez´ motel room, proving again the carelessness of police and the unreliability of the evidence possessed or stored by them.