KS - Patricia Kimmi, 58, Horton, 6 Nov 2009 - #4

[son-of-bowmancabin]

Here's one other piece of mind-numbing legal information for consideration. I believe that this is some illustrative case law regarding conspiracy.

State (of Kansas) v. Crockett

As I've said before, proving conspiracy can be very tricky. In short, it looks like there must be an initial agreement among conspirators that is followed by an overt action.

Hypothetically, if RoHo says he agreed with EK to commit murder, RoHo is guilty of conspiracy because he followed the agreement with an overt act: the actual murder. If EK followed up the agreement with an action of any kind - whether legal or illegal - to further the conspiracy, he also would be guilty. However, if EK did nothing after agreeing that RoHo to commit murder, then EK is not guilty of conspiracy.

It is interesting (to me, anyway) to read all the cited case law in this appellate decision, but the most on point seems to be this:

In State v. Hobson, 234 Kan. 133, 134-35, 671 P.2d 1365 (1983), Sueanne Hobson appealed her convictions of first-degree murder of her stepson and conspiracy to commit murder. The evidence suggested that Hobson asked her son to help her "get rid of" her stepson. 234 Kan. at 135. Hobson promised her son she would buy him a car if he would kill Hobson's stepson. The court, in evaluating the jury instructions given at trial, stated: "The facts tending to establish the appellant hired or procured others to kill [her stepson] would not, standing alone, have established the additional element of an overt act required to support the charge of conspiracy." 234 Kan. at 140.

And, finally, a bit of trivia on the linked Crockett case -- Judge Gernon wrote the opinion and he's from Sabetha.

 

[little_pony]

Officials Call Kimmi Case a Homicide

http://stjoechannel.com/fulltext/?nxd_id=118745

For the first time since Pat Kimmi went missing from her Kansas home, authorities are calling her disappearance a homicide investigation.

The county and the KBI have conducted more than 250 interviews in the past several months.

Now, Kuckelman tells us he is sorting through information they gathered during those interviews before moving forward with possible charges.

He says that will take several days.

 

[lynejo]

I was told I needed to post the link to the People for Pat's face book page

http://www.facebook.com/?ref=home#!/pages/Horton-KS/People-For-Pat/383944208072?ref=mf

Just a nice site that keeps up with the latest news. It's also where you can get the Wrist bands.



:Welcome-12-june:

Come check it out if you haven't already. In just under 2 weeks we've had 1634 fans join and a lot of good people coming up with ways to show there support for Pat's friends and family. That's 1634 prayers for Pat but we could always use more.raying:

 

[Fairy1]

Officials Call Kimmi Case a Homicide

http://stjoechannel.com/fulltext/?nxd_id=118745

For the first time since Pat Kimmi went missing from her Kansas home, authorities are calling her disappearance a homicide investigation.

The county and the KBI have conducted more than 250 interviews in the past several months.

Now, Kuckelman tells us he is sorting through information they gathered during those interviews before moving forward with possible charges.

He says that will take several days.

I guess it's no surprise, but it still hurts to see it in writing.

250 witness statements? Sheesh! It'll be very interesting to see how everything is connected.

 

[wfgodot]

Attorney considers Kimmi case a homicide
By Ann Marie Bush
March 31, 2010 - 6:16pm
...
In all, 258 interviews and 15 inquisitions were conducted in the case, Kuckelman said Wednesday in a telephone interview. All of that information, along with other documents related to the case, were turned over to him Saturday by the Atchison County Sheriff's Department.

"I've been waiting for them to turn it over to me," [Kuckelman] said. "I have a mountain of stuff to read. We have to do this right."
...
"I expect one arrest," he said. "There could be more. The investigation remains open. They had a couple of new leads yesterday."

and more, at
http://cjonline.com/news/state/2010-03-31/attorney_considers_kimmi_case_a_homicide

 

[nursebeeme]

bumping up for Pat and her family.... what stressful times the case is in... my thoughts and prayers are with Pat's children and grandchildren right now. Utterly unbelievable what someone did to the beautiful, strong, wonderful, Pat Kimmi.

 

[harleysmom]

Bumping up for Pat and her kids

 

[cookin]

A bump for Pat before I hit the hay. Hope there is some news tomorrow. Goodnight to the Kimmi family....you are loved and cared about.

 

[jeansrme]

A bump for Thursday morning!

I'm traveling for my part-time work and don't get to post much but have been reading the thread.

Stay strong Kimmi kids and your families and loved ones. My prayers for continued strength and courage are pouring out for you.

 

[wfgodot]

Another quick bump for Maundy Thursday morning, as Holy Week progresses and salvation is at hand.

 

[eyestowardHeaven]

Another quick bump for Maundy Thursday morning, as Holy Week progresses and salvation is at hand.

AMEN TO THAT!!!

Thank you to the dear people of WS who keep Mom "bumped".

 

[nursebeeme]

Atchison County authorities agreed they have for the most part concluded their investigative efforts to solve the case that involved the disappearance of Patricia Kimmi.

There have been no arrests or charges filed yet in the matter, and authorities have indicated it might be awhile before that happens.

"It's in his hands," said John Calhoon, Atchison County Sheriff of County Attorney Jerry Kuckelman and his intention to prosecute the case.

"We'll see where he goes with it," he added.

Mr. Kuckelman indicated he would continue to take as much time as he saw fit on how to file the pending charges despite the recent investigative wrap. He also indicated he intended to carefully and thoroughly review all the gathered facts and evidence.

Sheriff Calhoon said in the event Mr. Kuckelman felt a need for more investigation procedures, then there would be more for his staff to do.

and another snip:

I believe we're done with that aspect of it," Mr. Kuckelman projected of any future digging endeavors.

more at link: http://www.atchisonglobeonline.com/main.asp?SectionID=16&SubSectionID=33&ArticleID=13821

 

[son-of-bowmancabin]

Does anyone know how long forensic DNA-type tests take? Assuming they collected that type of evidence during the last dig at the Hollister location, I presume that investigators need to wait for those results before drawing further conclusions.

 

[nursebeeme]

sob, here was a pretty interesting article I found on dna testing and length of time.

http://stjoenews.net/news/2010/mar/27/dna-crime-solving-better-after-changes/

 

[nursebeeme]

http://cjonline.com/news/local/2010-03-31/attorney_kimmi_case_a_homicide

http://www.stjoenews.net/news/2010/mar/31/charges-soon-kimmi-case/?local

http://www.koamtv.com/Global/story.asp?S=12232479

wasn't sure if any of these had been posted (sorry in advance if they already were)

 

[Daisy_May]

Bump for Pat and her family today.

 

[amazinggracie]

And another bump to the top.

 

[jeansrme]

It's nearly bedtime so a bump to the top for Pat.

It must be SO difficult for Pat's family to endure this waiting and still wondering where their Mom is. I hold you in my thoughts and prayers continually. You may know more than "we" know and are very much in need of more encouragement than we are offering. Please know that the WS members are offering up an enormous amount of prayers for you all.

 

[Blondie in Spokane]

~bumping with more prayers for Pat and family~

 

[jane d]

bumping Pat on this Good Friday. Prayers for the Kimmis today as well.