GUILTY KS - Kelsey Smith, 18, abducted & murdered, Overland Park, 2 June 2007

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That was hard to watch. I hope her family and friends will be able to begin the process of healing. This is just so sad.

A couple of things were discussed that I'd not heard in the past. The defense talked about Hall's childhood and the abuse he suffered at the hands of relatives.

I personally felt that the defense knew from the beginning that Hall was guilty. At one of the very first press conferences, they made a couple of strange statements (talking about Kelsey and not forgetting her). But during this hearing, the defense said that Hall maintained his innocence for 10 1/2 months. In late April or early May Hall accepted responsibility for his actions.

Cramm was angry and asked Hall why he waited so long to tell them. I have to question this since the DNA evidence and fingerprint evidence had to have been proof that Hall was indeed lying to them.

Cramm made a comment about Hall saying that the reason he waited to long was because this was the first time Hall felt anyone cared about him and if he told what he did, he felt they wouldn't care anymore. There was gasps in the courtroom during this comment.

Althea sat there with a frown on her face. This is a first, at least in what I've seen in her behavior. I can't tell you how many hearings I sat at and watched her laugh and yak it up with people around her. IMO, she showed ZERO sympathy for the Smith family and the fact that her husband killed their daughter. Althea acted as if she was in a movie theater waiting for the flick to start...not at a murder trial. But not today. The smile was finally gone.




A family friend (Karen) spoke. It was very moving. "What if" was the focus of what she had to say.

Aunt Melody spoke. She said, "This is not the justice we would have chosen." I am not sure what she meant by this (I thought maybe she meant she wanted Hall to get the DP). She closed with, "I kept my statement brief so the murderer doesn't miss his bus."

Zack, Kelsey's brother spoke. Greg read what Zach had written. He said, "I am glad Edwin Hall is going to prison for the rest of his life."

Cody, Kelsey's sister spoke. She talked about her last day with Kelsey. They spent the day at Old Shawnee Days, and did not fight the whole day. She said she has to move forward, not get over it, but finally ok with it.

Lindsey, Kelsey's sister spoke. She talked about her wedding without Kelsey and the K-State band. She said that when she called home to tell the family that she was engages, Kelsey said, "How big is the rock?" She talked about how close they were to each other. She talked about the wrist band she now wears and how when people see this, they ask, and then they know...it's Kelsey. Then she sees the look on their face...they don't know what to say. She said she'll always be the sibling of a murder victim.

She addressed Hall and said, "Maybe God grant you what you deserve on reckoning day and I can tell you it won't be mercy then." She then closed with lyrics from a Kenny Chesney song..."It ain't fair you died too young."

Stevie, Kelsey's sister spoke. She has satisfaction knowing that Hall will spend his life behind bars. She went on to talk about the evil Hall has bestowed upon his child.
 
The judge mentioned that if Hall wanted to file a notice of appeal, he needed to to this within 10 days. I thought Hall waived his rights to appeals?
 
I think that there always is an appeal process..but perps who get LWOP are less likely to appeal, and appeal as frequently as DP criminals. When they get LWOP they know they just skated past the DP by a hair and they probably won't ever get the LWOP overturned.
 
I think that there always is an appeal process..but perps who get LWOP are less likely to appeal, and appeal as frequently as DP criminals. When they get LWOP they know they just skated past the DP by a hair and they probably won't ever get the LWOP overturned.

But Hall waived his appeals at the last hearing. That was part of the deal. So if he waived them, then why does he have 10 days to file an appeal. Unless I misunderstood the judge. I wonder if there's a one-time deal?

I remember when Debora Green filed an appeal to have her case overturned, and the DA at the time (Morrison) said, fine...then we'll go for the DP next time around. But she hadn't waived her appeal rights like Hall did.

I personally think that the waiving of the appeals was probably part of a swap...Hall agreed to that, and in exchange he'd get LWOP and the possibility of facing the DP through Federal charges would also be no longer an option for the Fed's. The one thing that's been constant is the reporting that Hall is gone for good. No chance for overturning the case or getting out on parole. So I am confused by what the judge said. I listened twice, but it still sounded like he said 10-days to file the appeal.

This just occurred to me...Maybe the judge meant Hall has 10-days to file an appeal on the other charges.

http://da.jocogov.org/

Mr. Hall is no longer presumed innocent. He is guilty of capital murder, for which the sentence is life without the possibility of parole. Mr. Hall has waived his rights to all appeals. And once sentencing occurs and Mr. Hall is delivered into the state prison system for a lifetime as a convicted murderer it is my hope that Mr. Hall’s name will be forgotten and that the name of Kelsey Smith, who she was, how she led her life and what she lived for will be what is remembered.


Here's the other charges and the sentences he received...

Count 2 (Agg. Kidnapping), Hall could have received between 147-653 months, and he received 253 months.

Count 3 (rape), Hall could have received between 147-653 months, and he received 155 months.

Count, 4 (sodomy charges), Hall could have received between 147-653 months, and he received 155 months.

I was surprised he didn't get the maximum sentencing on these charges, but I guess it doesn't matter. Hall will spend the rest of his life in prison.

I heard the judge say restitution is $5,000 and the sentences will be served concurrently.
 
That was hard to watch. I hope her family and friends will be able to begin the process of healing. This is just so sad.

A couple of things were discussed that I'd not heard in the past. The defense talked about Hall's childhood and the abuse he suffered at the hands of relatives.

I personally felt that the defense knew from the beginning that Hall was guilty. At one of the very first press conferences, they made a couple of strange statements (talking about Kelsey and not forgetting her). But during this hearing, the defense said that Hall maintained his innocence for 10 1/2 months. In late April or early May Hall accepted responsibility for his actions.

Cramm was angry and asked Hall why he waited so long to tell them. I have to question this since the DNA evidence and fingerprint evidence had to have been proof that Hall was indeed lying to them.

Cramm made a comment about Hall saying that the reason he waited to long was because this was the first time Hall felt anyone cared about him and if he told what he did, he felt they wouldn't care anymore. There was gasps in the courtroom during this comment.

Althea sat there with a frown on her face. This is a first, at least in what I've seen in her behavior. I can't tell you how many hearings I sat at and watched her laugh and yak it up with people around her. IMO, she showed ZERO sympathy for the Smith family and the fact that her husband killed their daughter. Althea acted as if she was in a movie theater waiting for the flick to start...not at a murder trial. But not today. The smile was finally gone.




A family friend (Karen) spoke. It was very moving. "What if" was the focus of what she had to say.

Aunt Melody spoke. She said, "This is not the justice we would have chosen." I am not sure what she meant by this (I thought maybe she meant she wanted Hall to get the DP). She closed with, "I kept my statement brief so the murderer doesn't miss his bus."

Zack, Kelsey's brother spoke. Greg read what Zach had written. He said, "I am glad Edwin Hall is going to prison for the rest of his life."

Cody, Kelsey's sister spoke. She talked about her last day with Kelsey. They spent the day at Old Shawnee Days, and did not fight the whole day. She said she has to move forward, not get over it, but finally ok with it.

Lindsey, Kelsey's sister spoke. She talked about her wedding without Kelsey and the K-State band. She said that when she called home to tell the family that she was engages, Kelsey said, "How big is the rock?" She talked about how close they were to each other. She talked about the wrist band she now wears and how when people see this, they ask, and then they know...it's Kelsey. Then she sees the look on their face...they don't know what to say. She said she'll always be the sibling of a murder victim.

She addressed Hall and said, "Maybe God grant you what you deserve on reckoning day and I can tell you it won't be mercy then." She then closed with lyrics from a Kenny Chesney song..."It ain't fair you died too young."

Stevie, Kelsey's sister spoke. She has satisfaction knowing that Hall will spend his life behind bars. She went on to talk about the evil Hall has bestowed upon his child.

How very heart wrentching. How sad. How very sad.

Thank you, Luvs.
 
How very heart wrentching. How sad. How very sad.

Thank you, Luvs.

It is so sad...and so senseless. I know killings like this seem to happen all the time...but when it's close to home, it really kicks you in the gut. Kelsey could have been my daughter...my niece...my neighbor. It's just heartbreaking. I am thankful that her killer was caught and is being held accountable. A least that measure of justice was served. Too many times it doesn't work out this way and the killers are never caught or get off on some small technicality.
 
Kline explained the appeal thing after the hearing. I didnt catch it all but basically Hall can not appeal, the judge is required to say this because of law records. Kline made sure everyone understood that Hall could not appeal.

Also Missy made it clear that had Morrison done his job and put Hall in jail for having sex with the 14 yr old then Kelsey would still be alive today.

I am sure the video to the press conference will be available on one of the local news sites.
 
I'm thankful he was inept. If not, he would still be walking around free today to rape and kill again. I am very glad that he will not see another free moment.
 
Kline explained the appeal thing after the hearing. I didnt catch it all but basically Hall can not appeal, the judge is required to say this because of law records. Kline made sure everyone understood that Hall could not appeal.

Also Missy made it clear that had Morrison done his job and put Hall in jail for having sex with the 14 yr old then Kelsey would still be alive today.

I am sure the video to the press conference will be available on one of the local news sites.

Thanks for this information (about the appeal).

It is terrible that Morrison didn't charge Hall for having sex with the 14-year-old, however, I seriously doubt he would have been in prison in June 2007. The sex with the girl happened in July of 2004 and the sentencing guidelines are 46-51 months, so even if he got the max, that's a little over 4 years, and I would bet the farm he would have gotten out early, if he went to jail at all. But he should have been charged, IMO.

Kline took a plea on a deal a death penalty case, IMO, that could have gone to trial and sent hall to death row, so if he plea bargained that one down, I can see the other having the same happen. And look at the additional charges for Hall in Kelsey's case. He got nowhere near the maximum sentence in those charges, and the end result was Kelsey died. So for this reason, I have little faith that our system would have sent Hall away for any length of time for having sex with the 14-year-old. If Hall can end up getting a plea for what he did to Kelsey, and with the evidence...and a slap on the wrist for the other charges, then this case would not have had a chance, IMO. And according to the sentences Hall received for the other charges, if this would be applied to the 14-year-old case, Hall would have only received 12.1 months (23-24%) for his crime against the young girl. And that's "if" he would have done any time at all.

But Kline's hands were tied. After spending Labor Day Weekend with family members (who are attorneys-one of which was a former DA), they all agreed that the case would have been overturned because of the filing screw-up. It was a big deal, especially when you're talking about a DP case. So it had to end the way it did with the plea. I'm just thankful that those people that processed the evidence did such a good job. That's what put Hall where he is today. The evidence. And without it, Hall would have walked.

I was really surprised that he got the very lower end on months on these charges, considering how brutal this crime was, and it resulted in her death. I know that Hall is gone for life, but for kidnapping her he only gets 253 months? And then the others only 155?

Count 2 (Agg. Kidnapping), Hall could have received between 147-653 months, and he received 253 months.

Count 3 (rape), Hall could have received between 147-653 months, and he received 155 months.

Count, 4 (sodomy charges), Hall could have received between 147-653 months, and he received 155 months.


Morrison got a conviction in a case where the three bodies were never found. And Kline can't take a case to trial where the evidence is overwhelming? I'll take Morrison any day over Kline. And don't think for one moment I have a love-fest going on for Morrison. Morrison sold us down the river, but I still think he would have gotten the DP for Hall.

I wish Kelsey was alive. I wish this never happened, but the Smith family is very lucky they saw justice at all.
 
I'm thankful he was inept. If not, he would still be walking around free today to rape and kill again. I am very glad that he will not see another free moment.

The evidence was overwhelming. Even though he tried to get rid of DNA (with the Clorox), it didn't work. I have no doubt he'd kill again, and I am also glad he'll never see another free moment for the rest of his life. I also don't believe he's going to make it very long in prison.

I'm also thankful that the people that processed the crime scene handled things properly.
 
I have that same feeling.

Or he'll kill himself. Either way, I don't give him more than a year or so in prison. My heart breaks for Kelsey's family...but I also feel such sadness for the little boy. I just can't wrap my head around Althea sticking next to Hall...especially after Hall admitted his guilt. If for no other reason, I'd get my son as far away from Hall as possible. It's interesting that we've not heard a peep out of anyone from her family. At least I've not heard anything.
 
Or he'll kill himself. Either way, I don't give him more than a year or so in prison. My heart breaks for Kelsey's family...but I also feel such sadness for the little boy. I just can't wrap my head around Althea sticking next to Hall...especially after Hall admitted his guilt. If for no other reason, I'd get my son as far away from Hall as possible. It's interesting that we've not heard a peep out of anyone from her family. At least I've not heard anything.

I think he'll kill himself before someone gets to him.
 
Two things stood out for me:

1. Stevie going after Althea.



I wrote up my blog on today's sentencing: http://armandsrancho.blogspot.com/2008/09/kelsey-smiths-killer-sentenced.html

Tell ya what Armand. I am glad that Kelsey's sister adressed that chick. Thank the good Lord I don't have family that are murderers. I can't say either way if I did weather I would support them or not. However, you go into a court room and freakin act the way this woman did I don't know how someone didn't tune her tail up. Laughing in a courtroom when there's someone's child murdered? No matter who did it.

Personally I'd think this woman is not right in the head. I mean why would you do that. Plus your husband pleads guilty, finally and you still show? Write him a letter. Accept his collect call. Sit there behind him?

What struck me is Kelsey's mom said that he'll get to see his son. They will never see Kelsey again. I mean he can talk to the child on the phone. Receive his little art work. Kelsey will never give the Smith's grandbabies that could do that. :furious:

Times like this I see why my mom and grandmom didn't sit in a trial. Like they said it would never bring Pop back. Just seeing the creeps picture in the paper and hearing all their woes made me ill enough let alone in person.

All so senseless. Plain senseless and sad.

Armand, I'm going to read your Blog. May Kelsey rest in peace.
 
Thats weird i didnt know they were taking him all the way to El Dorado. I wonder why hes not in the Leavenworth prison.


I was wondering that, myself. Maybe Levenworth is too good for him? :crazy:

I think Hell Dorado is just fine for him.
 

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