Clues in the case

Saturday, May 5, 2001

Here are the key points of evidence that retired detective Lou Smit presents in making his case that an intruder killed JonBenet Ramsey. Neither Boulder police nor the district attorney's office would respond to Smit's points. Where possible, the Rocky Mountain News has summarized past public statements that dispute Smit's contentions. In some instances, Smit himself presented counter-arguments. The accompanying photos are crime-scene and autopsy pictures taken as part of the police investigation. Some are appearing in print for the first time.

NATURE OF THE PARENTS

Smit's argument: Why would normally loving, caring parents with no criminal history, or any history of abuse or psychological problems, kill their daughter on Christmas night?

Character: The Ramseys had "a long history of loving family relationships." They were respected in the community, active in church and school activities and had no character traits to suggest they would do this. "This in itself does not mean that they could not have done it. However, it is a strong indication of their character and stability."

No criminal history: There is no evidence that the Ramseys act or think like criminals. "Whoever killed JonBenet thinks and acts like a criminal."

No motive: Smit can't find any motive for the parents killing their child. He says the police theory that Patsy Ramsey killed JonBenet in a rage over bed-wetting amounts to "pulling a motive out of the air." No motive for the parents is, in itself, a clue to the possibility of an intruder.

Response: Police say Patsy's angry behavior on the last day of a three-day interview gave them reason to believe she was capable of rage, which could have been triggered by the girl's bed-wetting.

INTERACTIVE POLL Smit maintains that the level of violence in this case would preclude the Ramseys from committing the crime. Do you agree? Vote here

JONBENET, RAMSEYS LIKELY TARGETS

Smit's argument: JonBenet was "a pedophile's dream." Someone inclined to such behavior could have seen her on several public or semi-public occasions in late 1996. In addition, the family was very visible, and their address and phone number were in the phone book. "If the kidnapper was looking for someone, he's going to look for someone that is highly visible."

JonBenet appearances: She had her own "Little Miss Colorado" float during the Dec. 6 Lights of December Parade on the Boulder Mall. She did a Rock Around the Clock performance at High Peaks Elementary School on Dec. 20. She appeared in a December beauty pageant for kids at Southwest Plaza Mall.

Family events: A party at the Ramsey home on Dec. 13 was attended by more than 150 friends from church. The Ramseys hosted a Christmas party at their home Dec. 23.

John Ramsey's success: Access Graphics had a Christmas party Dec. 20 for more than 300 employees at the Boulderado Hotel. John Ramsey thanked those gathered for helping the company pass the $1 billion mark in sales. The Daily Camera published a story Dec. 21 reporting the financial success of Ramsey's company.

Response: Police don't contest these facts and say holiday stress could have set the stage for family violence.

Click to enlarge photo Illustration of the Ramsey house and neighborhood.

SUSPICIOUS EVENTS

Smit's argument: Three unexplained events before the killing point to the possibility of an intruder.

Unknown vehicles: An unknown party parked in a blue van across the street from the Ramsey residence Dec. 24. An unknown Jaguar was seen in the area during a Christmas party at a friend's home Dec. 25.

Strange comment: JonBenet told her friend Megan Kostinak and also Megan's mother that she was going to receive a "special visit from Santa" after Christmas.

Response: Patsy Ramsey has said she never heard JonBenet make the statement about Santa.

Click to enlarge photo Sidewalk and surrounding area. Click to enlarge photo Sidewalk and surrounding area.

NO FOOTPRINTS, LITTLE SNOW

Smit's argument: Early in the case, leaks from law enforcement said there were no footprints in the snow around the Ramsey house, seemingly discounting the possibility of an intruder. In fact, police photographs taken before 9 a.m. the morning of JonBenet's death show much of the perimeter of the house, including walkways, free of snow. "You can't have footprints in something that's not there."

Response: The News was unable to find a police comment, but no footprints were found outside the house.

Click to enlarge photo Train room with middle window open. Click to enlarge photo Interior of middle window. Click to enlarge photo Grate covering window well. Click to enlarge photo Suitcase with leaves and debris. Click to enlarge photo Window well showing three windows. Click to enlarge photo Left window. Click to enlarge photo Middle window. Click to enlarge photo Right window. Click to enlarge photo Mark in the dust on window pane. Click to enlarge photo Mark on wall.

TRAIN ROOM WINDOW

Smit's argument: Police photographs show an open basement window. The window, hidden from view, would have been a likely point of entry for an intruder.

No alarm sticker: The intruder would have avoided a window that appeared to be attached to an alarm. This window had no alarm sticker.

Grate over foliage: A grate over the window well appears to have been moved, leaving green foliage caught under its edge.

Leaves and debris: Leaves and debris from the window well were observed on the basement floor directly below the open window.

Disturbed debris: There appears to be a contrast between a natural accumulation of debris in the well by the windows to the right and left and a lack of debris at the center window, which was open.

Smudge/wipe marks: Areas of the window sill appear to have been wiped clean of buildup, as if disturbed by someone. These are the "white spots" on the sill. The sill has a raised lip that would keep someone from sliding straight across the sill and into the basement, which may explain why the sill isn't wiped completely clean.

Shard of glass: A close look at a police photograph suggests a shard of broken glass was bumped from its position, perhaps when someone went in or out of the window.

Mark in the dust: Grime on the window glass and frame has been disturbed, including what might be a thumbprint, perhaps where somebody pushed the window to open it.

Mark on wall: A scuff below the window resembles a shoe mark, "That's exactly where your foot goes, and you're trying to climb in that window and lever yourself down."

No cobwebs: Photos don't appear to show cobwebs hanging from the bottom of the open window. Smit conducted an experiment and found that when a person exited the window in the way he believes the intruder did, the person's back rubs cobwebs off.

Cobwebs in the grate: Police have argued that if someone moved the grate on the window well, they would have disturbed cobwebs on a portion of the grate. An initial police report states "cobwebs were observed on the southeast portion of the grate." But Smit never saw any photographs showing these cobwebs. "In fact," he said, "the photographs show just the opposite -- no cobwebs." But, if there were cobwebs on the southeast portion of the grate, entry could still be made without disturbing them. Smit conducted an experiment with Boulder detectives that found that by sliding the grate forward, an opening is created without disturbing the cobwebs. In addition, some spider experts have suggested that the webs could have been rebuilt quickly.

Response: There was enough room for foilage to grow under grate edges. A detective lifted the grate during the "initial investigation" and replaced it. John Ramsey entered the window well that summer and broke one of the windows when he locked his keys out of the house. Over time, wind may have whipped up the debris, blowing some of it through the broken area. Former Boulder Det. Steve Thomas, in his book JonBenet: Inside the Ramsey murder investigation, described the window sill as "undisturbed." The scuff mark on the wall could have been caused by any number of things in a cluttered basement. An expert suggests that the web couldn't have been rebuilt.

DEBRIS IN WINE CELLAR

Smit's argument: Pieces of debris from the window well were found in the basement wine cellar, where JonBenet's body was found.

Peanut-type packing material: Foam peanuts had accumulated in the window well, and lab reports determined that one of them was found in the wine cellar, about 60 feet away. Smit's own reenactments,

Click to enlarge photo Leaf (circled) near footprint in wine cellar.

in which he crawled in and out of the window, resulted in the material sticking to him as he passed through. "Static electricity just sticks it right to you," he said.

Leaf in the wine cellar: A fall leaf, like those in the window well, was found next to a footprint in the wine cellar, near where the body was found.

Response: Material could have blown through the broken window, and any number of people could have tracked it into the wine cellar.

Click to enlarge photo Train room with suitcase under open middle window. Click to enlarge photo Suitcase with leaves and debris. Click to enlarge photo Piece of glass (circled) on suitcase.

THE SUITCASE

Smit's argument: A hard-sided suitcase was discovered below the open window. The killer, figuring it was safe to go out the way he came in, may have used it to boost himself up.

Ease of exit: Smit has gone in and out of the window with and without using a suitcase. "With a suitcase, it's a lot easier."

Out of place: John Ramsey said the suitcase was not in that area of the basement before, suggesting that someone moved it there. In addition, if the suitcase had been under the window for a long time, dust and debris would have collected on it. But little was there.

Glass shard: A pea-size piece of glass was found on top of the suitcase, within what might be a partial footprint. Smit surmises the glass may have come off the intruder's shoe as he stepped on the suitcase to get out.

Response: Police have said privately that what looks like a footprint on the suitcase isn't a footprint.

HAIRS AND FIBERS

Smit's argument: Many significant hairs and fibers associated with the crime don't belong to John or Patsy.

Inside the suitcase: A pillow sham, a comforter and a Dr. Seuss book were found inside the suitcase. These items belonged to John Andrew, John Ramsey's older son. A CBI examiner issued a report indicating fibers from the pillow sham and comforter were found on JonBenet's shirt, on her vaginal area, on the duct tape from her hand, on the hand ligature and inside the body bag. Smit wonders if the intruder, intending to kidnap JonBenet, tried to put her inside the suitcase so he wouldn't be seen carrying a small girl through the area, but she wouldn't fit or he couldn't boost himself and the suitcase out of the window.

FBI analysis: FBI examiners said the fibers on JonBenet came from a source other than the pillow sham and comforter -- but none of them matched anything else in the house. "If the FBI examiner is right, the killer had to take that piece of material out with him," Smit said.

Pubic/auxillary hair: A hair, possibly a pubic hair, from a Caucasian male was found on the blanket covering JonBenet. The hair doesn't match John Ramsey.

Light brown, cotton fibers: These fibers were found on wood shards of the broken paintbrush, the duct tape, the nylon cord and on JonBenet's body. Smit wonders if the killer wore gloves.

Red fibers: Lab tests on red fibers on the duct tape found that they were the same as those on Patsy's dress. But her dress contained both red and black fibers. "Why are only the red ones found and not the black?"

Other hairs and fibers: Smit said he has more hair and fiber clues but he would not reveal them for fear of alerting the perpetrator to the evidence.

Response: Thomas called the suitcase scenario a "convenient arrangement of the facts." Police consider the red fiber on the duct tape to be significant evidence.

Click to enlarge photo Stun gun marks on back. Click to enlarge photo Stun gun marks on face. Click to enlarge photo Stun gun marks on back (top). Stun gun (bottom). Click to enlarge photo Stun gun marks on back (top). Stun gun marks on test pig (bottom).

THE STUN GUN

Smit's argument: Marks on JonBenet's back and face match those caused by a stun gun. The marks were not on her face the previous evening, according to photos of her opening Christmas presents. Parents didn't own a stun gun. Why would parents have to stun gun their own child?

Characteristics of marks: Dual marks on JonBenet's back are similar in size, shape and color. Marks on her face are different in size and shape but the same distance apart as marks on back. The differences in size and shape could have occurred when one side of the stun gun made less contact with the skin than the other.

Matches an Air Taser: The contacts of an Air Taser stun gun are closest to matching injuries on JonBenet -- within about 1 millimeter of the same distance apart. The size of the contact and size of the marks are also very close.

Similar case: Photos show that marks on the face of a stun gun victim killed in 1993 were similar to the marks on JonBenet.

Pig experiments: Tests with an Air Taser on a pig produced marks very similar to those on JonBenet.

Kept her quiet: A stun gun could have been used to take JonBenet from her bedroom without her screaming. "It is to get her out of the bedroom and down in an area where the killer felt safe," Smit said.

Response: Police have suggested the marks on the face -- officially described as "unexplained abrasions" came from imprints or scratches from a button or snap. Thomas called stun gun a "make-believe weapon."

Click to enlarge photo Footprint in the wine celler. Click to enlarge photo Hi-Tech boot print. Click to enlarge photo Close-up of Hi-Tech boot print. Click to enlarge photo Small footprint.

UNIDENTIFIED FOOTPRINTS

Smit's argument: There are unidentified footprints amid the mold on the wine cellar floor. Experiments conducted by Smit suggest the fast-growing mold would diffuse footprints quickly, so he believes these were fresh prints.

Unknown shoe tread: One print appears to be a tread from a shoe but doesn't match shoes owned by John and Patsy Ramsey and doesn't match any shoes found in the house. The print is in the cellar near where the body was found.

Hi-Tec boot print: Another print belongs to a Hi-Tec boot, which also does not match any shoes owned by the family.

Small footprint: A third mark in the mold could belong to a small footprint. Smit said it matches the size and width of his own six-year-old granddaughter's foot. Could it be JonBenet's? If so, it suggests she was standing in the basement, not knocked out upstairs by a parent in a fit of rage as one police theory suggests.

Response: Police said the Hi-Tec print doesn't match any suspect they have investigated.

THE SCREAM

Smit's argument: A scream reported by a neighbor could have come from the basement without the parents' hearing it.

"Terrifying" scream: Neighbor Melody Stanton, who lives across the street from the Ramseys, about 150 feet to the south, reported hearing "the most terrifying child's scream I have ever heard" between midnight and 2 a.m. She slept with her window partially open.

Click to enlarge photo Vent in boiler room.

Noise path: Tests conducted by Smit indicate noise from the wine cellar is heard more easily from Stanton's bedroom than from the Ramsey's third-floor bedroom because the noise travels through a vent to the outside and across the street. The Ramsey house has no third-floor windows on the same side as the vent, and there are three carpeted, furnished floors between the basement and the third floor, which muffle or block noise from the basement.

Concrete on steel: Stanton woke her husband at the sound of the scream. He has reported hearing the sound of steel hit concrete shortly afterward. This could be the sound of the metal grate hitting the cement window well -- perhaps a sound created when an intruder fled through the basement window.

Response: Thomas said a scream is audible from the Ramsey bedroom. Stanton originally said she didn't hear anything. Later, she told police she hadn't been truthful because she didn't want to get involved. In one instance, Stanton said the scream might have been "negative energy" from JonBenet. But a detective eliminated that from a report because Stanton insisted the scream was audible and never returned to the "negative energy" statement.

Click to enlarge photo The garrote. Click to enlarge photo Container with broken paintbrush. Click to enlarge photo Broken paintbrush (circled). Click to enlarge photo Handle of the garrote. Click to enlarge photo Slipknot (top) and handle (bottom) of the garrote.

THE GARROTE

Smit's argument: The use of a garrote -- constructed precisely and expertly by someone who knew what he was doing -- says that the killer was a "sexual sadist." Evidence indicates the garrote was made in the basement, strongly suggesting the killing happened there.

Unlikely weapon: Smit says he and others who have studied the issue know of no other case "in the annals of crime" where a parent garroted his or her own child.

Knowledge needed: The knot-tying of the garrote used on JonBenet shows special knowledge. The paintbrush was broken to create a perfect handle. "It almost looks like a lawnmower starting (handle). . . . Somebody really knew what they were doing when they did it and somebody has done this before."

Made on site: The garrote's handle comes from the middle piece of a paintbrush broken in threes. On JonBenet's chin was a green paint strip and a fiber from the carpet outside the wine cellar. The green strip came from contents of a paint tray just outside the wine cellar. Strands of JonBenet's hair were caught in the nylon cord, showing the garrote was wound and tied near the back of her neck. "This garrote was constructed right there on the neck of JonBenet when she was lying there."

Doesn't fit parents: Smit can't conceive of a parent who just killed a child constructing such an elaborate sexual device on the spot. "Try it," he said. "I can't make one. Handle on one end, slipknot on the other end." The crime could have been staged simply by pulling cord around JonBenet's neck. "Why make this device? Why would you have to go through all of the problems to do it?"

Response: Police have had at least one expert examine the knots used in the garrote, but the News was unable to locate previous police comment on the knots.

PHYSICAL INJURIES

Smit's argument: Evidence shows JonBenet's injuries are vicious and came before death -- not as part of an act of "staging" afterward. The violence seems beyond the capability of even an enraged parent. "This is a brutal murder -- this is not a kid knocked out and her death staged."

Struggling to escape: Fingernail marks on JonBenet's neck indicate she was trying to get the ligature off her neck, contrary to one police theory that she was unconscious. "She is not knocked out, she is not near death, she is fighting to stay alive," Smit said.

Depth of ligature mark: Autopsy photos show the ligature was tightened deeply into her neck. "That was brutally, forcibly, deeply dug into the furrows of her neck. This was not an easy strangulation. This was a brutal strangulation."

Redness of ligature marks: Redness indicates injuries came before death -- not after as part of staging. "If you try to put a rope around a kid's neck after she's dead, you're not going to get a red mark like that at all, you're going to get a white mark." Other abrasions on her shoulders and leg also left reddish marks. "That means she was alive and struggling, she was not dead. This is not staging."

Tiny eye hemorrhages: When a person is strangled, small blood vessels in the eye and eye lid burst. "It will not happen unless a person is alive." JonBenet's eyes showed these injuries.

Vaginal injuries: Something -- possibly one end of the broken paintbrush -- was forced into JonBenet's vagina because her hymen was partly torn. It was bleeding, so it happened before death. Smit said it was the only tear in her vagina, so he doesn't think somebody was sexually assaulting her over a long period of time. Plant materials similar to the paint brush's wood shards are found in her vagina.

Head injury: Smit calls head injury very severe, but little bleeding resulted -- only about two tablespoons of blood. In fact, he said, the head injury wasn't noticed when she first was examined. There was no cut on the scalp. Only after removal of the skull cap was the fracture on the right side of her head apparent. Such an injury, he said, would usually result in massive bleeding, and blood should have been found in the house. "So when this happened, she was near death. I believe the garrote was in place and huge pressure had been put there. . . . That's why I believe the head blow came last, not first. . . . This was the coup de grace on the job."

Response: Marks on JonBenet's neck come from attempt at manual strangulation, with perpetrator's knuckles causing the abrasions. Thomas theory doesn't dispute that JonBenet was alive when strangled by the garrote. Experts disagree on whether JonBenet's vaginal injuries point to prior abuse. Experts also disagree on when the head injury happened. At least two have said it could have been before the garroting. One of those, Ronald Wright, head of the forensic pathology department at the University of Miami, reviewed the autopsy report for the News n 1997. He said the blow to the head could have been 20 to 60 minutes before the strangulation because the brain showed swelling, something that takes time to happen.

DNA EVIDENCE

Smit's argument: Foreign DNA -- but not Ramsey family DNA -- was found on JonBenet's body.

Fingernails: Unknown male DNA was found under JonBenet's fingernails. The DNA may have gotten there when she scratched and struggled against her assailant.

Panties: Unknown DNA that may match the DNA under JonBenet's fingernails was found in her underwear.

Response: The possibility has been raised the JonBenet may have traded panties with a friend.

INTERACTIVE POLL Have the Boulder police and district attorney Alex Hunter been too narrow in focusing suspicion on the Ramseys? Vote here

RANSOM NOTE

Smit's argument: The author is a vicious, brutal person. The note was written before -- not after -- the killing and is written in a calm, deliberate manner.

Violent references: The letter makes frequent allusions to death and violence. It threatens "immediate execution" of JonBenet. The family is threatened with being denied her remains for burial. There are four consecutive threats ending with "she dies."

Timing: There's a reference to calling between 8 and 10 "tomorrow morning." To Smit, this suggests the letter was written before midnight, before JonBenet's killing.

Face value: Smit believes the letter should be considered at face value. It's appears to be a kidnapping and ransom letter. "Don't try to change it from a kidnapping and ransom just to fit any particular idea you have." In addition, the letter mentions two "gentlemen" watching over JonBenet. Smit says the possibility of two people involved shouldn't be dismissed.

Language and state of mind: The letter begins: "Mr. Ramsey, listen carefully, we are a small foreign faction. We respect your business, but not the country it serves." Smit said, "Picture a mother and father writing that right after they've mutilated their daughter." Smit also cites the phrase that says the letter-writer is aware of law enforcement "countermeasures and tactics." Smit can't picture Patsy using such words.

Click to enlarge photo Patsy Ramsey says she found the ransom note on this spiral staircase. Click to enlarge photo Page 1 of ransom note. Click to enlarge photo Page 2 of ransom note. Click to enlarge photo Page 3 of ransom note.

Familiar references: The letter incorporates references some interpret as information only the Ramseys should know. One is the ransom amount -- $118,000 -- which was the net amount of John Ramsey's most recent bonus. Smit agrees the $118,000 may have meaning, but not only for the Ramseys. For example, earlier that year a disgruntled former employee of Ramsey's company claimed it owed him close to $118,000. Three other employees of Ramsey's company knew the amount of Ramsey's bonus. And two employees owed the firm $18,000. Smit also believes it's significant the writer asked for $100,000 in $100 bills and the remaining $18,000 in $20 bills. Maybe this person wanted to bank $100,000 and spend $18,000, he said. Also, just as it's questionable why an intruder would use the $118,000 figure, it's equally questionable why Patsy Ramsey, if trying to stage a murder, would use it. Why not a round figure? Smit asks. The letter is signed using the acronym SBTC. Police wondered if that was a reference to Subic Bay, a training center where John Ramsey spent time during his naval career, though no one in the Navy apparently used that acronym to describe the place. Smit doesn't know what the acronym means but is aware of other places where its use has appeared, including a sign at a protest demonstration with SBTC spelled out vertically. Horizontally, it reads: Stop/Bombing/Third world/Countries.

References to popular movies: Language in the ransom note reflects that in several popular movies. The movie Ransom was playing in Boulder during December 1996, the month of JonBenet's death. It is the story of a child taken hostage for money. In addition, Smit said, there are references in the ransom note that echo lines in similar movies, such as Dirty Harry, Speed, Nick of Time and Ruthless People. The Ramseys didn't have such movies in their home, and hadn't seen those movies, Smit said.

Response: Police and a police-hired expert in use of language, Don Foster, said the $118,000 has two other possible connections to the Ramseys. The Ramseys' home computer showed a net liabilities figure of $1,118,000 and Patsy referred to Psalm 118 in some of her writings. They point out that the ransom note and a Ramsey Christmas letter both used the phrase "and hence," and that SBTC could be the first four letters of four verses in the Bible, if the verses were read in reverse order. Police said John Ramsey's Bible was found opened at Psalms 35 and 36, which contain the verses.

HANDWRITING ANALYSIS

Smit's argument: The note has been examined by many experts. Their consensus is that John Ramsey did not write the note and that it cannot be concluded that Patsy did.

Chet Ubowski, CBI: There is evidence that indicates the ransom note may have been written by Patsy. But the evidence falls short of that necessary to support a definitive conclusion.

Leonard Speckin, private forensic document analyst: "When I compare the handwriting habits of Patsy Ramsey with those in the . . . note, there exists agreement to the extent that some of her individual letter formations and letter combinations do appear in the ransom note. When this agreement is weighed against the number, type and consistency of the differences present, I am unable to identify Patsy Ramsey as the author of the . . . note with any degree of certainty. I am, however, unable to eliminate her as the author."

Edwin F. Alford Jr., private document examiner: "Examination of the questioned handwriting and comparison with the handwriting specimens submitted has failed to provide a basis for identifying Patricia Ramsey as the writer of the letter."

Lloyd Cunningham, Ramsey-hired expert: He cannot identify or eliminate Patsy Ramsey as the author of the ransom note. He spent 20 hours examining the samples and documents and found that there were no significant individual characteristics but many significant differences between Patsy's writing and the note.

Richard Dusak, document analyst for the Secret Service: His study concluded that there was no evidence that Patsy wrote the note.

Howard Ryle, Ramsey-hired expert: His opinion is between "probably not" and "elimination" of Patsy Ramsey as the author of the ransom note. He believes that the writer could be identified if earlier writing samples were found.

Response: Don Foster, the police-hired language expert, said that Patsy's handwriting habits, particularly the way she wrote the letter "a" changed after she was shown a copy of the ransom note. He also said Patsy showed new ways of indenting, spelling and writing out long numbers that contrasted with pre-ransom note writings. Patsy, he said, also had a habit of creating acronyms.

Click to enlarge photo The butler door. Click to enlarge photo The butler door. Click to enlarge photo Baseball bat on side of house. Click to enlarge photo JonBenet's bedroom. Click to enlarge photo JonBenet's bedroom. Click to enlarge photo JonBenet's bedroom. Click to enlarge photo JonBenet's bed. Click to enlarge photo Master bedroom. Click to enlarge photo Burke's bedroom. Click to enlarge photo Ligatures.

MORE QUESTIONS

Smit's argument: A number of additional clues point to an intruder in the JonBenet killing, or point away from the Ramseys.

Unidentified palm print: There is an unidentified palm print on the door to the wine cellar. A photograph of the closed door with the palmprint was taken before 9 a.m. the morning of the killing, before JonBenet's body was discovered.

The butler door: A police report noted that a Ramsey friend who arrived at the home shortly after 6 a.m., one of the first people there, said a door on the first floor -- called the butler door -- was ajar. Smit believes it's possible the door was an escape route for the intruder.

Baseball bats: Two baseball bats are found on the property, but John Ramsey said he didn't recognize one of the bats and believed the family owned only one. The out-of-place bat was found on the north side of the house, where children don't play. The area is also near the butler door. A carpet fiber from the basement was found on that bat.

JonBenet's bedroom: Police theorize that Patsy became angry with JonBenet after the child wet the bed. Smit said the bedding was not wet or urine-stained. There were no signs of struggle in JonBenet's bedroom.

Disturbance in guest room: Smit speculates that the guest bedroom, next to JonBenet's room, was a good hiding place for the killer if he entered the house before the Ramsey's got home that night. The room has a window that overlooks the garage, allowing the person to see when the Ramseys returned. The room would have allowed the killer to hide upstairs without taking a chance that the couple would hear him creeping up the stairs later. Smit noticed an area around the bed where the dust ruffle was disturbed -- though it's neatly tucked in everywhere else. Did the killer hide under the bed? Also, drawers in the guest bathroom were ajar, as if somebody were looking for something. The killer could have hid here, waited until everyone was asleep, walked next door to JonBenet's room, stun-gunned her and carried her to the basement.

Sack of rope: A sack of rope was found in the guest bedroom. The Ramseys said they don't know where it came from. "Was this something left behind by the killer? Why would they have a rope in a guest room?"

Missing paintbrush piece: A piece of the broken paintbrush -- the piece possibly inserted in JonBenet's vagina -- never was found. "They searched high and low for it," Smit said. "Did the intruder keep it as a souvenir?"

Missing rope and tape?: There is no evidence of prior uses in the house of the duct tape or cord used on JonBenet -- nor were any rolls of the same kind of duct tape or cord found in the house. This must mean, Smit said, that the killer brought the material in with him, then left with what was left over.

Missing notepad pages: Pages from Patsy's notepad between what police call the "practice ransom note" and the actual note are also missing.

"Where is this stuff?" Smit said. "Where is there any evidence anywhere in the neighborhood? They checked all their trash cans, they checked on top of roofs. They checked everywhere. They cannot find these items."

Ligatures: The cord tied around JonBenet's wrist was fashioned into loops using slipknots, which Smit believes was done to enhance the assailant's bondage fantasy. "It's not something I would do if I were staging. I'd just tie the darn things on . . . I'd tie a granny knot or something," Smit said. The ligatures on the wrists, the cord around the neck and the duct tape on the mouth all may have played into the killer's sexual fantasy.

Staging is rare: In Smit's own experience, staging is a rare event. In a 32-year-career involving hundreds of death investigations, Smit can recount only two involving staging, and those were "minimal staging," in which a gun was left in a hand or something similar. Staging normally is done after the victim is dead, he said. JonBenet wasn't dead when the sexual ordeal occurred, he insists.

Response: Thomas suggests that Patsy could have thrown the missing materials in a storm sewer. One police official called Smit's observations about the disturbed dust ruffle "grasping at straws." JonBenet was wrapped in a blanket and left with a favorite pink nightgown next to her. The FBI told police that a stranger wouldn't take such care.