AL - Paighton Houston, 29, left bar with 2 men, Birmingham, 20 Dec 2019 *arrests* #6

[Zella]

^^sbm

The legal definition of kidnapping was not only the easiest reason to detain FH for 36 hours (general hold) but also granted an additional 12 hours under this suspicion (i.e., FH was held on extended 48-hour hold before released). Alleged kidnapping by FH simply means he "held" her while she was alive.

Investigators had evidence PH was seen with FH Friday night and then made no contact with anyone after 12:15 AM. She also did not show for previously scheduled plans or collect her vehicle without explanation. Unfortunately -- investigators still did not have proof that PH was not a voluntarily missing adult on Dec 28 when FH was released. MOO

BBM

That doesn't seem to be the case in Alabama. The wording for kidnapping according to their laws seems to emphasize the idea that the person was literally abducted/taken by force--not merely that they were held against their will.

Alabama Code Title 13A. Criminal Code § 13A-6-43 | FindLaw

It seems like if PH was not abducted and went willingly with someone and then not allowed to leave ('held her while she was alive"), that would be unlawful imprisonment.

Alabama Code Title 13A. Criminal Code § 13A-6-41 | FindLaw

I think the sticking point with holding FH under kidnapping charges is that they could not prove that he took her by force, even if they strongly believe this situation turned and she was not allowed to leave once she became uncomfortable, and that seems to be born out with the statement that they had no evidence she was with him under force.

 

[Seattle1]

dbm

 

[Heroine]

How to Answer A Convo

Best to contact a Mod directly for further information.

I’m confused though. I was asking about how are we able to talk about things we found on social media with a group. This is how to answer a convo. Thanks for your help!

 

[Seattle1]

dbm

 

[Beth11311]

I’m confused though. I was asking about how are we able to talk about things we found on social media with a group. This is how to answer a convo. Thanks for your help!

That’s the answer. Read it again

 

[Heroine]

Convo is the WS term for private message with up to 20 members (discuss whatever you like including social media). Please contact a Mod for further information. (Discussing Convo on thread violates TOS).

I see. Okay, thank you.

 

[Heroine]

That’s the answer. Read it again

It makes sense now that I know convo is what that means. Lol

 

[bwt42]

I don't think you can compare the two cases -- SS was missing for months whereas PH was missing for days. In the case of SS -- investigators still cannot readily determine what happened to her after finding her near skeletal remains folded in half. Investigators have however provided the public with the circumstantial evidence available. MOO

MOO

In the SS case an indictment was secured & the prosecution is about to go to trial & very little has been revealed. Heck, SS left the bar with three men that I'm pretty sure LE quickly identified & 1 year later we don't know who 2 of the men are. My point was not to compare the 2 cases but to suggest the public may be told very little.

 

[Deleted member 110058]

I will call it a theory as I can't find the link to back it up. If I am able to do so, I will post it as a fact.

I'll take a look also. Thanks!

 

[Seattle1]

I see. Okay, thank you.

Great -- I'm deleting my posts!

 

[bwt42]

Except we can't really discuss that here since it's all on SM.

I believe there were some pleas & comments by the mom on this thread early on. I've seen nothing in msm recently. I believe we could discuss the significance of this if there is any. I remember a case where a young man went missing & the family was very vocal. Then after a few days they went quiet. Eventually they found his body and an insider revealed they went to the funeral & it was a suicide. I don't believe it was ever made public.

 

[SaucyWalker]

I clipped this definition off of Wikipedia: "Physical trauma is a serious injury to the body. Two main types of physical trauma are: Blunt force trauma—when an object or force strikes the body, often causing concussions, deep cuts, or broken bones. Penetrating trauma—when an object pierces the skin or body, usually creating an open wound."

Thank you. I'm still trying to work out whether needle marks would fit into the category of penetrating trauma.

I've learned to look toward the family for clues. The family was very vocal early on. They have become quiet imo. I think they have their answers. jmo

I have begun to think this, too, especially in the last few days or so.

 

[Zella]

Thank you. I'm still trying to work out whether needle marks would fit into the category of penetrating trauma.


I have begun to think this, too, especially in the last few days or so.

I could be wrong, but to me, penetrating trauma would indicate stabbing/impaling with a sharp weapon rather than needle marks. MOO

 

[Seattle1]

BBM

That doesn't seem to be the case in Alabama. The wording for kidnapping according to their laws seems to emphasize the idea that the person was literally abducted/taken by force--not merely that they were held against their will.

Alabama Code Title 13A. Criminal Code § 13A-6-43 | FindLaw

It seems like if PH was not abducted and went willingly with someone and then not allowed to leave ('held her while she was alive"), that would be unlawful imprisonment.

Alabama Code Title 13A. Criminal Code § 13A-6-41 | FindLaw

I think the sticking point with holding FH under kidnapping charges is that they could not prove that he took her by force, even if they strongly believe this situation turned and she was not allowed to leave once she became uncomfortable, and that seems to be born out with the statement that they had no evidence she was with him under force.

I don't agree with your interpretation that holding PH would be unlawful imprisonment which requires restraining another person under circumstances which expose the latter to a risk of serious physical injury.

FH was ultimately detained on suspicion of kidnapping and had to be released after an extended 48-hour hold as they did not have adequate evidence to bring him before a judge.

It's really a moot point now.

MOO

 

[Seattle1]

Borrowed from another missing woman page but IMO applicable and worth sharing:

The Girl Code 1 - 6

 

[Momof4RN]

Borrowed from another missing woman page but IMO applicable and worth sharing:

The Girl Code 1 - 6

Now that’s something I hope is being spread on SM.

 

[BOSCOE]

I've searched high and low to no avail for confirmation FH was held on kidnapping charges for 48 hours relating to Paighton. I never heard it from LE and obviously missed it in MSM.

TIA

 

[Seattle1]

dbm - unrelated

 

[Seattle1]

I've searched high and low to no avail for confirmation FH was held on kidnapping charges for 48 hours relating to Paighton. I never heard it from LE and obviously missed it in MSM.

TIA

Did you listen to the presser? It's there and MSM news reports following the presser.

ETA: add links

AL.com reported, however, that Hampton was held in the Birmingham City Jail for 48 hours, beginning Dec. 28, on suspicion of kidnapping. He was released at the end of those two days due to a lack of evidence to charge him with the crime, the news site said.

Paighton Houston case: Registered sex offender sought for burying missing woman in shallow grave

 

[Zella]

I don't agree with your interpretation that holding PH would be unlawful imprisonment which requires restraining another person under circumstances which expose the latter to a risk of serious physical injury.

FH was ultimately detained on suspicion of kidnapping and had to be released after an extended 48-hour hold as they did not have adequate evidence to bring him before a judge.

It's really a moot point now.

MOO

That's fair enough--I'm certainly not an attorney and have been hoping for several days that one will chime in on here to clarify if I was reading the kidnapping law correctly. Several of us had discussed it on here earlier, though, and it does seem odd to me the wording in the kidnapping law in Alabama seems to require abduction since I know other states have a lower bar. Perhaps a second degree charge of unlawful restraint would be more accurate since it doesn't require quite the same degree of restraint as first degree unlawful restraint.

2018 Code of Alabama :: Title 13A - CRIMINAL CODE. :: Chapter 6 - OFFENSES INVOLVING DANGER TO THE PERSON. :: Article 3 - Kidnapping, Unlawful Imprisonment and Related Offenses. :: Section 13A-6-42 - Unlawful imprisonment in the second degree.

But yes it is a moot point now since they didn't have enough to make the kidnapping charges stick.