CO CO - Kayleah Wilson, 12, Greeley, 28 March 2010 - #5

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nursebeeme said:
burning freaking question!

how can they charge this guy with the sexual assault of a dead person? Is there some reporting faux pas going on?
Click to expand...

Could be lots of ways to do that...from friends who can testify to knowing about it, to cell phone or other video (seems to be the 'in' thing these days), to an actual confession by this Robert person, to a diary or other writings of Kayleah's, to texts, e mails, and voice mails referring to the relationship.....or any combination of the above. Add that to any kind of forensic evidence recovered, and they may have some pretty strong evidence.

jmoo
 
BeanE said:
Here's what I was looking at in the article, nurse, and what I posted.

Garner said no one has been ruled out but investigators have nothing that points them to family members.

I just noticed in your previous post you said presser. I'm not trying to be obtuse - I think we're looking at two different things - article and video.
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I am going by the live presser that I watched (notes posted). It is all good and all the same. Nothing pointing to the family but no one was cleared. No one. Although in a fresh investigation who would.

Noticed this further snip while I am posting:

(from the earlier GT link)

Court records obtained by 9Wants to Know show investigators think Montoya started having sex with Kayleah in October of last year.

 
raeann said:
Yes, most kids will find a way to get away with whatever they can....or whatever their parents will allow them to get away with by thinking its a "they're just kids and that's what kids do" kind of thing.
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My mother watched me like a hawk, raeann. I got away with nothing. She was very strict. I just found ways to work around it when I could, when, like many teenagers, I thought I knew what was okay for me better than she did.
 
LLLindsayy said:
Unless you meant to say "having a relationship with" as opposed to "murdered," I am guessing it's because they didn't know for sure that her murdered her -- or at least didn't have enough evidence -- to arrest him at the time of the first interview. As far as whether he was interviewed or not, I am better 100% that he was.
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I wasn't very clear in the comment. IFan 18yo murdered Kayleah, left her naked body in a ditch, that would tell me what a ruthless psychopath this guy is. Add to that predatory behavior on a 12yo and you've got nothing less than a Ted Bundy kind of slug. IF this should be true, I'm wondering why LE didn't catch on to his sociopathic charm and lying. I think 18 is terribly young for such a horrendous crime. just my opinion and all that stuff. Honestly, I have a difficult time believing he could get away with this in his home-town for 2 months or even believing he has the killer finesse to commit this. MOO
 
I wonder if she was pregnant and mom knew about it, she may have even been to the doctor about it, maybe some records ? Maybe that is how they know of the sexual relation......
 
eyes4crime said:
Now I have to ask! If LE didn't find Kayleah, would this 18yo former guy still be walking around? Why now?
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I'm curious about that also ~ unless some evidence was found during autopsy, such as his DNA or proof of a sexual relationship? :waitasec: MOO
 
I think they must have evidence to charge him with sexual assault of a minor...not just someone saying so, either DNA, a confession or a possible pregnancy. In any case, they would need his DNA and I wonder when they could have obtained this...would he have given it if asked weeks ago? And if he wouldn't, of course that would have kept him on LE's list.
I am sure they did not have proof to arrest him before now...and we don't know what he is at this point (i.e. a psychopath or whatever); if he is guilty of killing Kayleah, he may have done so in a rage or a fight and have been afraid all this time...we just don't know enough. Anyway police could not arrest him for bad vibes, if he gave them off...now they must have more.
 
cluciano63 said:
I think they must have evidence to charge him with sexual assault of a minor...not just someone saying so, either DNA, a confession or a possible pregnancy. In any case, they would need his DNA and I wonder when they could have obtained this...would he have given it if asked weeks ago? And if he wouldn't, of course that would have kept him on LE's list.
I am sure they did not have proof to arrest him before now...and we don't know what he is at this point (i.e. a psychopath or whatever); if he is guilty of killing Kayleah, he may have done so in a rage or a fight and have been afraid all this time...we just don't know enough. Anyway police could not arrest him for bad vibes, if he gave them off...now they must have more.
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I agree. Also, I believe the sexual assault charges could lead to a motive for her death, especially if the relationship may have been uncovered, either by Kayleah telling someone, her parents finding out, or something else. MOO
 
I wonder if he confessed to LE about having sex, but denied murdering her? If he was interviewed again this week and they got that him to say that much?
 
mysticrose said:
I wonder if she was pregnant and mom knew about it, she may have even been to the doctor about it, maybe some records ? Maybe that is how they know of the sexual relation......
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I think if her mother knew she was pregnant or had been to a doctor that LE would have come down hard on the boyfriend much sooner. All I know is that she was found Wednesday and they said they completed the autopsy that same day and he was arrested that day, too. I am sure they could have known if she pregnant by then.
 
further thoughts

the only way this kid was charged with SA of Kayleah would be per:
1)Kayleah
2)witness
3)him admitting to it
---------------------

with the specific date of the 28th given I wonder if LE hasn't gotten him (since her body was discovered) to nail down the start and end of the sexual relationship..

perhaps he thought he was doing himself a service by being honest (finally) about the sexual relationship's start and end during this new investigative phase?

(((might I add that I am starting to think that this kid coughed up their sexual history finally???)))))
 
Maybe when they searched the apartment they found his dna in KW's bed or something as well ......
 
mysticrose said:
I wonder if she was pregnant and mom knew about it, she may have even been to the doctor about it, maybe some records ? Maybe that is how they know of the sexual relation......
Click to expand...

"Rumors of Kayleah's possible pregnancy have been coming up in the case, but Tymkowych said he can't confirm those stories. "

I found those choice of words interesting. Can't confirm, but certainly not denying.

I wonder, just wonder, if she met him, told him she was pregnant, and some kind of fight occurred that lead to her murder.

Where did Robert live? Anyone know?
 
I predict that murder charges will be added to this @&*$# charges.
 
nursebeeme said:
further thoughts

the only way this kid was charged with SA of Kayleah would be per:
1)Kayleah
2)witness
3)him admitting to it
---------------------

with the specific date of the 28th given I wonder if LE hasn't gotten him (since her body was discovered) to nail down the start and end of the sexual relationship..

perhaps he thought he was doing himself a service by being honest (finally) about the sexual relationship's start and end during this new investigative phase?

(((might I add that I am starting to think that this kid coughed up their sexual history finally???)))))
Click to expand...

I wouldn't be surprised if he confessed to the relationship. They could have even told him she was pregnant and could get DNA or even that they had other DNA evidence to get him to confess. I am sure he will probably lawyer up very soon.
 
nursebeeme said:
further thoughts

the only way this kid was charged with SA of Kayleah would be per:
1)Kayleah
2)witness
3)him admitting to it
---------------------

with the specific date of the 28th given I wonder if LE hasn't gotten him (since her body was discovered) to nail down the start and end of the sexual relationship..

perhaps he thought he was doing himself a service by being honest (finally) about the sexual relationship's start and end during this new investigative phase?

(((might I add that I am starting to think that this kid coughed up their sexual history finally???)))))
Click to expand...

Why SA and not statutory rape? He is 18 and Kayleah was 12. Guess I don't understand the charges of SA.
 
eyes4crime said:
Why SA and not statutory rape? He is 18 and Kayleah was 12. Guess I don't understand the charges of SA.
Click to expand...

18-3-402. Sexual assault.
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim's conduct; or

(c) The actor knows that the victim submits erroneously, believing the actor to be the victim's spouse; or

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
 
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