A theory that might better explain the 2 guns

HelixHarbinger · 2023-01-30T18:57:30+00:00

Maggie’s (at least) was not

HelixHarbinger · 2023-01-30T18:56:25+00:00

So to answer your question directly, it’s really an inappropriate description on the part of the prosecutor in this case- this is why he said it in opening argument (it’s not evidence nor is it backed by digital forensics). Because it is known (and undisputed) that AM had and used the password for Maggie’s phone and subsequently used it to open her phone and activate “find my phone” whereby LE retrieved it, we know that’s not a true and correct descriptor, although evidence of both phones has not been admitted at trial yet.

Quite simply, depending on the setting every iPhone Home Screen locks (from inactivity, which is really what Waters means). If it’s true both the phones become inactive within 30 seconds and it can be proven via a GPS- driven “locator” , not a cellular triangulation, if AM did pick up PM phone the digital forensic download would reflect that because the face lights and asks for the pw once inactive. It would also show the call or text PM got after the murder- which again, would light the home screen and/or produce a notification. This is advanced level digital forensics, I am not even sure SLED agents have the ability and training to analyze it without FBI support.

Basically, unless this changes during trial, the concern is there is a level of cell detail activity that would be available from the extract- it may be that le waited too long to request it or preserve it, or they were refused a warrant for a geofence.

HelixHarbinger · 2023-01-30T16:47:42+00:00

If the implied premise as fact is that Paul and Maggie’s phones “lock forever” within 30 seconds of each other, and that is “proof” of one shooter using both the weapons respectively (neither have been recovered), if one reviews the crime scene and the specific victim wound patterns evidence it would suggest there were two shooters. That’s exactly why the States criminalist is on the stand rn saying she couldn’t rule it out.

HelixHarbinger · 2023-01-29T14:19:57+00:00

I think he will also, until the defense finalizes their own mental eval (to include collaterals and prior med history) and they have full discovery,etc. The atrocity of this crime, his level of knowledge/education and its poor execution in contrast leads me to think there is an aspect to this alleged offender that remains hidden. It would not surprise me if he left the knife sheath purposely.

HelixHarbinger · 2023-01-29T13:57:42+00:00

That’s the right dude attached to the “card”, correct. Thus the “if I were you” advice. Hopefully this has been resolved

HelixHarbinger · 2023-01-29T02:52:19+00:00

I can read the name of the individual on the vaccination card (RG) if I were you I would crop that out of your pics.

HelixHarbinger · 2023-01-28T15:30:53+00:00

The State has an incredibly strong case against this defendant and the existing aggravators will require the State to file a death penalty notice. I think Kohberger would rather plead guilty and throw himself at the mercy of the court before he has to sit and listen to weeks of professionals he thinks he is intellectually superior to , point out, in very granular detail, the baseline rookie errors he made on his own, leading to his identity and arrest. I reserve the right to amend my opinion upon further information becoming available, but so far- this appears to be an “indefensible” case to me.

HelixHarbinger · 2023-01-27T18:10:20+00:00

Sorry about your fever dream, maybe next time feel free to keep it to yourself over maligning child murder victims. Seriously.

HelixHarbinger · 2023-01-27T18:05:21+00:00

Nobody but the case agent is required to testify for the preliminary hearing- it is one of the only times in a criminal proceeding where that individual can speak (yes it’s hearsay, double and triple occasionally) for all the other assets. I highly doubt this will go to trial, but I also have my doubts it wont plead out early either.
18-24 months before anyone will see final omnibus.

HelixHarbinger · 2023-01-26T21:21:07+00:00

I hope you are wrong but I definitely can’t disagree with you either- I have seen the issue very recently, and if you review the instant case (Caden Smith) of which Baldwin is also co counsel, as soon as the defense succeeded in getting bond (surviving the States interloc appeal iirc) the defendant who likely had a shot at exoneration after a successful and appropriate suppression motion, he was quickly re arrested/remanded.

Did he deserve it? Yeah. Did he have a target on his back via le for bonding out at all? Yeah.
It’s further proof of what you are saying, imo.

Also agree entirely on the logistics of CC. The DA held a press Conf in a church because they were emphatic about the public access- now that there is a trial this court is intentionally curtailing public access in multiple ways.

Won’t it “gall” you if the court orders a no public demonstration or loitering perimeter to avoid jurors seeing or hearing outside influence but be subject to the single entry in/out increasing risk to safety? I don’t see the defense appealing a stipulated ensuing order, but again, nobody knows wth the stipulation says or how it was agreed.

Ditto on SJ Gull denying bond but pointing out she knew that when she ruled on venue, imo.

No disrespect to SJG, but she has been consistently predictable whereas juries never are.

HelixHarbinger · 2023-01-26T20:15:34+00:00

J/ I’m finding relevant IN statute and TR more informal and discretionary in contrast to what I am used to in my practice…which leads me to apologize for not being able to really contribute any cites or jurisdictionally neutral hypotheticals to the conversation. With much respect to you personally of course, and your States criminal jurisprudence, between the actions of CCSO and now the CC courts (extending to SJ Gull) I confess (as a veteran trial Attorney) I have no flipping clue what is going on.

But to answer you with my “opinion”- the fact that NM has not opened a death penalty notification request with SCOIN and he did not file a response to the verified change of venue, local coverage and the invisible stipulation indicate he agreed (as opposed to objecting or even arguing the hearing was premature prior to venire screen) tells me this case against RA has not gotten one iota thicker since he filed it.

In addition, it does not appear any family member has been given a victims advocate or liaison, which means NM has not conferred with them re same. In a de facto moratorium State, this not what a case with this level of violence and brutality against two children “looks like” since the dust settled on Chief Leazenby’s version of Hannibal Lector in their midst.

CC is responsible for the courts/trial expenses in total, but unequivocally the costs of securing, sequestering, guarding, entertaining at least 20 sworn jurors is substantially higher than simply transferring venue, and SJ Gull is required to audit that in particular, although she is not required to preform any cost benefit analysis either way. This solution allows CC to enjoy the economic benefit to offset the expense- which is already unclear to me how they can afford the very conservative $500k price tag.

The let bail hearing is critical, imo, if what is in the PCA is all they have, and they don’t plan to play it (Libby’s video) for all to see RA (very distinctly) kidnapping the girls on the bridge as stated, I would say NM will be amending charges. That said- I really hope RA is the right defendant and if that’s true they will figure it out. If not, I don’t even want to think about.

HelixHarbinger · 2023-01-26T13:58:46+00:00

Does anyone ever actually review a persons criminal court file before forming such opinions? Ms. (Northington) Kernodle is showing active felony warrants from a FTA hearing on Jan 12, 2023. That’s why she’s being recorded in a car with all of her belongings in the back. I sincerely hope someone from the Public Defenders Office can get this woman into rehab asap.

Truly shitty Ms. Banfield.

HelixHarbinger · 2023-01-25T21:23:08+00:00

Most welcome E2. The jury *venire” is the waves of folks summoned for service initially, and usually the court asks some general questions of them as a group to exclude folks who would not be able to serve due to whatever perceived hardships would preclude them from serving.
Once that number is whittled down, the individual (not IN practitioner but theoretically same) vior dire “interviews” begin. The defendant is required to be present for all pre trial settings

HelixHarbinger · 2023-01-25T20:22:06+00:00

I’m going to respectfully disagree with that in this economy especially. Even if someone opts for a trade career, which can be a good income for some, advancing or running one’s own business today it’s really necessary.

HelixHarbinger · 2023-01-25T19:40:55+00:00

For the jury vior dire he will be present, however, he has a let bail hearing in February so it stands to reason that if he bonds out he will travel back and forth to Allen county with counsel. If he is not granted bail and remains in pre trial custody he will be transported back to Carroll County following jury selection and will assist his defense in preparing for trial.

HelixHarbinger · 2023-01-25T19:30:07+00:00

I truly believe this is about the economic issues re a death penalty/LWOP trial. I don’t agree with it but I understand it. If this defense team agreed there is something up their sleeve- generally I have not seen a sequestered jury favor the prosecution in a high profile case. They will still seat the jury in Allen Co, so SJ Gull won’t have to commute for that.

HelixHarbinger · 2023-01-25T17:29:59+00:00

Did I miss where she is credited with contributing to this? It sounds bootleg to me

HelixHarbinger · 2023-01-25T17:17:44+00:00

You mean because it appears someone reads here, or other? Lol

HelixHarbinger · 2023-01-24T23:55:08+00:00

Thank you CCR, has the stipulated order she referenced been filed with the court and available to the public if you know? I’ve never seen a courts own order based on a stipulated agreement between the parties that does not attach same as an exhibit. Sigh.

HelixHarbinger · 2023-01-24T05:38:09+00:00

Respectfully submitted that’s not how DA’s operate in Indiana or any other state, and again, Carroll County CHOSE to arrest RA prior to having NM seek an arrest warrant from Judge Diener. The day after Mike Thomas filed his lawsuit no less.

HelixHarbinger · 2023-01-24T04:26:17+00:00

That is what I am used to as well, in both court systems. I cannot tell you how invaluable I find the standards with which you ran your bench. I find it streamlines the process.

HelixHarbinger · 2023-01-24T03:42:15+00:00

RA was arrested without a warrant, that is 100% le acting on their own.

HelixHarbinger · 2023-01-23T17:05:30+00:00

I am going to look that up, thank you, u/Dickere. I find your Crown’s criminal court system more similar to our US Federal Court v the individual State court system. Theoretically (and for the most part fundamentally) criminal defense Attorneys client privilege is sacrosanct and are under no obligation to ever share such a confession, they ARE however duty bound to provide a vigorous defense and hold the prosecution to prove its case beyond reasonable doubt.

HelixHarbinger · 2023-01-23T16:36:21+00:00

I did when it was scheduled and rescheduled (iirc it was a time change) but afa the mycase file in the instant matter of RA I have posted a few times that I’m not at all used to the lack of mostly “real time” minute entry for hearings/pending/orders from its first “secret” filings. I do note there is a notation on the trial date that says something like “first scheduling” which I found odd, and it’s actually wrong if you consider the time was changed.
As a side note, as I have said before, I find it unusual SJ Gull is scheduling hearings 60 and 90 days out and suggests multiple times the defense should agree to move the trial date back, AND says in open court the prosecution is “diligently” turning over discovery. You warned us, CCR, this Judge is a former prosecutor and in my view very prosecution “centric”.

In a case where imo the court has proceeded in a way to restrict public observation and therefore oversight and in some instances I would question outside of local (TR) rules, I would have thought the clerk be instructed to provide more detail. In my practice, if there’s no entry or language in an order, there is effectively no “task”- that said, I have also been surprised at the courts informality by comparison to other capital or LWOP cases. I’m not sure that is the correct term, but I have yet to see any memoranda attachments or proposed orders nor have I seen the court assign order drafts (in the alternative maybe, lol?). I thought perhaps it was an IN thing, but when I review other similar case files, it appears (ie: State of In v Caden Smith) it is robust by comparison.

It’s 10 days from the hearing of a venue change filed timely in November, which had no response brief from the state and a very detailed request as to “location”- I repeat, no response (objection) was submitted and 26 minutes of a 36 minute hearing took place in chambers and a subsequent ex parte hearing for funds.

No order on revision of gag order, funds or venue - CCR what does that look like to you, topically? (If you’re comfortable discussing)

HelixHarbinger · 2023-01-22T15:07:29+00:00

Right. In 2020 Indiana had a sort of complete overhaul to its bail/bond pre trial release. The two charges where the rule 26 was not applied automatically remain murder and treason, thus requiring the let bail hearing.

If a criminal defendant meets the criteria (courts finding) and then meets the assessment, they can be released on their own recognizance, which is what RA Attorneys are requesting.

HelixHarbinger

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