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

[Blondie in Spokane]

I'm quite sure he will roll in a heartbeat, if he hasn't already....he doesn't exactly look like the "honorable" type to me, judging by that mugshot.

 

[Cherry Baby]

I'm quite sure he will roll in a heartbeat, if he hasn't already....he doesn't exactly look like the "honorable" type to me, judging by that mugshot.

I so agree with this - he's no upright standing citizen.

I've been trying to read up on the death penalty in Kansas during work quiet times - it seems there is one but hasn't been, well 'applied' in quite a while. Maybe some of our Kansas cousins can expound on this further.

 

[cclearly]

Also Bumping with prayers...

Does anyone know if the tire store where one of the bad guys worked was searched?
Maybe where old tires would be kept?

This is all news to me. "Tire Store" and "One of the Bad Guys"??? hmmm? anyone care to enlighten me on this?

 

[nursebeeme]

did pingpong mean goodyear? (wasn't that where RoHo was retired from?)

 

[wfgodot]

I so agree with this - he's no upright standing citizen.

I've been trying to read up on the death penalty in Kansas during work quiet times - it seems there is one but hasn't been, well 'applied' in quite a while. Maybe some of our Kansas cousins can expound on this further.

Last year, the Kansas Senate came within one vote of again abolishing the death penalty, which was reinstated in 1994 following a 28-year hiatus. The last person executed in Kansas died in 1965.

Kansas public opinion about the death penalty has always been mixed: capital punishment was passed into law when KS was still a territory, in 1859; outlawed in 1907; and reinstated in 1935 (and 1994). In 24 capital trials since 1994, only eleven defendants have been sentenced to death.

Thus, the dropping of a capital murder charge (except in a deal allowing for a sentence involving the chance of eventual parole) in exchange for information really isn't a particularly meaningful incentive for that information, as it's doubtful that the State of Kansas will, in the foreseeable future, execute anyone (the person who has been longest under the death sentence in the state was convicted in 1996 - and by the time the appeals process runs out on that case, it's more than likely that capital punishment will be banned).

 

[wfgodot]

UPDATE: Kimmi Investigation May Soon Conclude, Charges Likely
By Kristin Hoppa
St. Joseph News-Press

The investigation of a missing Horton woman may soon come to an end.

Law enforcement officials have turned over their reports to Atchison County Attorney Gerald Kuckelman Jr., who says murder charges are likely.

Mr. Kuckelman said charges will not be filed this week but are coming soon.

Kansas Bureau of Investigation and Atchison County Sheriff's Department turned all their investigation documents over to Mr. Kuckelman on Saturday.

"After I go over all the documents, we will charge someone with murder," Mr. Kuckelman said. "I have an excess of 250 interviews to go over, so it may take a bit longer."
...
Mr. Kuckelman confirmed that a body has not been found but plans to charge a person, or persons, with murder soon.

http://www.hiawathaworldonline.com/main.asp?SectionID=4&SubSectionID=21&ArticleID=4124&TM=59783.3

 

[nursebeeme]

another snip from your link woof:

Another search of the Hollister property, and Mr. Hollister's brother's property, concluded March 19.

did we know the brother's property was searched?

 

[wfgodot]

another snip from your link woof:



did we know the brother's property was searched?

Yes, during the second day of the second search, LE moved across the road to BroHo's property and spent most of the day searching there.

(You were house-hunting in Michigan, I think!)

 

[lynejo]

http://www.hiawathaworldonline.com/main.asp?SectionID=4&SubSectionID=21&ArticleID=4124

Charges will not be filed this week:sheesh:

 

[son-of-bowmancabin]

Given the lack of urgency for arresting someone and getting them off the street I think it is reasonable to conclude the prosecutor is faced with one or both of the following situations...

1. The suspect or suspects have already been arrested or are otherwise incapable of committing additional crimes while the specifics of the case are worked out.

2. The case is so complex that there are interdependencies and chains of logic that, if broken in any way, could provide an effective defense to the suspects.

RoHo's arrest certainly supports #1.

A quick search of Kansas conspiracy statutes and case law show that there are numerous pitfalls that could wreck a case against others involved in the crime who did not commit the actual murder. I'm not a lawyer and reading of the cases can be dense, but nearly every appeal I read had a compelling dissenting opinion that could turn a case depending on the judge hearing it. This, obviously, supports #2.

 

[nursebeeme]

thanks woof for that info and also for the LAUGH! broho.... TFF!

 

[nursebeeme]

Given the lack of urgency for arresting someone and getting them off the street I think it is reasonable to conclude the prosecutor is faced with one or both of the following situations...

1. The suspect or suspects have already been arrested or are otherwise incapable of committing additional crimes while the specifics of the case are worked out.

2. The case is so complex that there are interdependencies and chains of logic that, if broken in any way, could provide an effective defense to the suspects.

RoHo's arrest certainly supports #1.

A quick search of Kansas conspiracy statutes and case law show that there are numerous pitfalls that could wreck a case against others involved in the crime who did not commit the actual murder. I'm not a lawyer and reading of the cases can be dense, but nearly every appeal I read had a compelling dissenting opinion that could turn a case depending on the judge hearing it. This, obviously, supports #2.

thanks for that son of a bowman! You may not be a lawyer but you have the brains to be one! Great post!

 

[Fairy1]

Given the lack of urgency for arresting someone and getting them off the street I think it is reasonable to conclude the prosecutor is faced with one or both of the following situations...

1. The suspect or suspects have already been arrested or are otherwise incapable of committing additional crimes while the specifics of the case are worked out.

2. The case is so complex that there are interdependencies and chains of logic that, if broken in any way, could provide an effective defense to the suspects.

RoHo's arrest certainly supports #1.

A quick search of Kansas conspiracy statutes and case law show that there are numerous pitfalls that could wreck a case against others involved in the crime who did not commit the actual murder. I'm not a lawyer and reading of the cases can be dense, but nearly every appeal I read had a compelling dissenting opinion that could turn a case depending on the judge hearing it. This, obviously, supports #2.

Thank you, sob (). I've been wondering along the lines of both of these scenarios. And I would hate to see the case be compromised in any way.

Still, ya'll remind me never to play poker with the cops and prosecutors from Atchison County, KS. They're NOT the type of folks to tip their hand!

 

[Fairy1]

Bump!

 

[nursebeeme]

jump on my virtual harley for a ride back to the top...

 

[cookin]

http://www.hiawathaworldonline.com/main.asp?SectionID=4&SubSectionID=21&ArticleID=4124

Charges will not be filed this week:sheesh:

Huge let down. I know they said that charges will be filed soon, but not soon enough. Just trying to keep the faith. Just can't say these enough...prayers for the Kimmi family.

 

[bowmancabin]

Trivia heard today at local gathering place in Hiawatha.
The Hollister house was moved to the farm in the late 1990's and was formerly located at 408 South 1st (US Hwy 73) Hiawatha (the current site of the Casey's).
(may be of some interest to the locals)

It doesn't sound like the county attorney is going to be making any charges this week.

 

[cclearly]

I knew the house had been moved to the property but not where it came from. Interesting!

 

[nursebeeme]

goodmorning and bump up

 

[son-of-bowmancabin]

http://nobodycases.com/blog/?id=96&showEntry=1

Here are a couple of stories of Kansas murder cases where there is no body. Reading through this may better explain the challenges that prosecutors have and provides some explanations about how long it is taking to press charges in this case.

The key to this type of conviction is not only to prove the primary case but also to disprove all other reasonable explanations for the disappearance of a person. The defense will undoubtedly come up with dozens of possible explanations (cougars?) and the prosecution must have an answer for all of them -- otherwise there is potential for "reasonable doubt".

Some quotes of interest:

It is easier to prove that someone who disappeared was murdered if the person led a stable life, Morrison said. And the longer they remain missing, the easier it is to show they were victims, he said. As the Johnson County prosecutor in 1990, Morrison obtained murder convictions against Richard Grissom in the deaths of three young women who disappeared in June 1989 and whose bodies were never found. According to court records, all three women were known to be reliable. They weren't likely to disappear unless they had been harmed.

At least four Kansas inmates are serving life sentences in bodyless murder cases. A fifth was paroled in January 2007 after serving more than two decades in prison.