MI MI - Julia Niswender, 23, EMU student, Ypsilanti, 10 Dec 2012 - #4

[Trojan1966]

Were you there when they were questioned by LE??? So is Rose a RN as the affidavit states???? Nope! Just some sort of tech in the hospital. What about the person named as having to give DNA twice? Is that accurate too? How about the dates listed within the affidavit. .are those accurate too??

Hey DazednConfused........ This past trial is a dead issue. Did it really matter whether or not Rose was a RN? Maybe we should publish the entire affidavit so everyone can see what was in it. On page 8, item II : "Kim knew that Jim's step-father physically abused Jim, but advised that Jim does not recall being sexually abused." If he does not recall it, where did Kim get the information as she has said told us about this many times in the past. The facts not so much the dates are important. It's over and done with, now to solve Julia's murder should be the goal. Now, if everyone will cooperate with LE, maybe some progress can be made. LE has been investigating other people and any possible "leads" they receive. Any "issues" concerning the affidavits for the search warrants is water under the bridge, especially since a judge was convinced to sign it originally and then another judge agreed that the search warrant was legal. Yes there were some mistakes but again, if you read the entire document, are you saying everything was a lie and it was good enough to fool two different judges??? If that's true, then everyone should look out! I believe in our system and if allowed to work and with the cooperation of all concerned, then a resolution will be found. As JT & KT have said in the past"If anyone has any information, please come forward and talk to the police". Well, I do wish they would follow their own advice. She is my daughter (I love her with all my heart) but I'm sick and tired of hearing "they have cooperated" all the time. If a person is truly committed to finding justice, then anytime they are asked any questions they should be more than willing to answer and fully cooperate. The smallest clue could help solve this case. I will not give up until we have Justice for Julia. LE can ask me anything they want, anytime they want and I will cooperate 100 percent!

 

[black_squirrel]

And the family computer had *advertiser censored* on it! ! ! That's great for a child. JT was declared not guilty but either way, there was *advertiser censored* so who put it there????

I think *advertiser censored* is like sex. It is OK for parents to have it, but they should not show it to their children.

In a way, every computer has *advertiser censored* on it. Perhaps not stored on the hard drive, but it is super easy to find it if you have an internet connection (which most computers have). It is difficult to shield
children from this. As a parent, I think the best strategy is to warn children for the dangers of *advertiser censored*, sexting etc.

 

[georgiasblu]

At home with their minor daughter. KT and JN were at a dart tournament.

Thank you

 

[Trojan1966]

Thank you

It was not a dart tournament. They played in a dart league representing a local bar. They had a "match" that night as Tuesday night was their "dart night" in that league.

 

[Trojan1966]

Right? Was it the family pc or was this JT's work computer? Maybe this is why the twins bought him the laptop.

I believe the "*advertiser censored*" was on the family computer which was usually on a computer desk in their living room. Almost anyone could use this computer.

 

[black_squirrel]

Hey DazednConfused........ This past trial is a dead issue. Did it really matter whether or not Rose was a RN? Maybe we should publish the entire affidavit so everyone can see what was in it. On page 8, item II : "Kim knew that Jim's step-father physically abused Jim, but advised that Jim does not recall being sexually abused." If he does not recall it, where did Kim get the information as she has said told us about this many times in the past. The facts not so much the dates are important. It's over and done with, now to solve Julia's murder should be the goal. Now, if everyone will cooperate with LE, maybe some progress can be made. LE has been investigating other people and any possible "leads" they receive. Any "issues" concerning the affidavits for the search warrants is water under the bridge, especially since a judge was convinced to sign it originally and then another judge agreed that the search warrant was legal. Yes there were some mistakes but again, if you read the entire document, are you saying everything was a lie and it was good enough to fool two different judges??? If that's true, then everyone should look out! I believe in our system and if allowed to work and with the cooperation of all concerned, then a resolution will be found. As JT & KT have said in the past"If anyone has any information, please come forward and talk to the police". Well, I do wish they would follow their own advice. She is my daughter (I love her with all my heart) but I'm sick and tired of hearing "they have cooperated" all the time. If a person is truly committed to finding justice, then anytime they are asked any questions they should be more than willing to answer and fully cooperate. The smallest clue could help solve this case. I will not give up until we have Justice for Julia. LE can ask me anything they want, anytime they want and I will cooperate 100 percent!

I think physical abuse and sexual abuse are two different things. IIRC, there were several people who stated that JT was physically abused by his biological father.
But nobody seemed to state with any certainty that he had been sexually abused.

Even after the trial, this affidavit is important. It explains (or tries to) why JT is a POI.

It is probably easy to fool a judge. They just go by what is written in the affidavit. As long as as the affidavit amounts to a reasonable suspicion, they will grant the search warrant. Statements by witnesses could be lies, but this does not necessarily invalidate the affidavit, because they may not be obvious lies, and police may not have verified these statements yet. The bar for these search warrants is pretty low unlike evidence admissible in court. Blatant omissions would invalidate the affidavit. This is why it is mentioned in the affidavit that JT passed 2 lie detector tests, and that KT and Jenn gave JT an alibi.
But there are other important omissions I think. According to KT and Jenn, JT probably picked up a coworker on Monday morning. This person would be an important witness who must have been interviewed.
This coworker either confirmed or contradicted KT and Jenn's statements. If the coworker contradicted the statements of JT and Jenn, it probably would have been mentioned in the affidavit. So I think
the coworker probably confirmed the statements. In any case, it is not mentioned in the affidavit. The affidavit also doesn't mention whether the semen has been tested for DNA. From what I have read it is possible to do this even if there is no sperm. But there is no mention of such a test, and its results.

 

[MIMOMMY]

I think physical abuse and sexual abuse are two different things. IIRC, there were several people who stated that JT was physically abused by his biological father.
But nobody seemed to state with any certainty that he had been sexually abused.

Even after the trial, this affidavit is important. It explains (or tries to) why JT is a POI.

It is probably easy to fool a judge. They just go by what is written in the affidavit. As long as as the affidavit amounts to a reasonable suspicion, they will grant the search warrant. Statements by witnesses could be lies, but this does not necessarily invalidate the affidavit, because they may not be obvious lies, and police may not have verified these statements yet. The bar for these search warrants is pretty low unlike evidence admissible in court. Blatant omissions would invalidate the affidavit. This is why it is mentioned in the affidavit that JT passed 2 lie detector tests, and that KT and Jenn gave JT an alibi.
But there are other important omissions I think. According to KT and Jenn, JT probably picked up a coworker on Monday morning. This person would be an important witness who must have been interviewed.
This coworker either confirmed or contradicted KT and Jenn's statements. If the coworker contradicted the statements of JT and Jenn, it probably would have been mentioned in the affidavit. So I think
the coworker probably confirmed the statements. In any case, it is not mentioned in the affidavit. The affidavit also doesn't mention whether the semen has been tested for DNA. From what I have read it is possible to do this even if there is no sperm. But there is no mention of such a test, and its results.

My understanding is that this employee, as well as any of his employees were questioned as well.

 

[bessie]

If the affidavit is to be discussed, all members need access to it. I think I read that a few of you have a copy. Can someone upload it, please. If there's a problem, just let me know in a pm.

Thanks.

 

[Deleted member 132804]

At home with their minor daughter. KT and JN were at a dart tournament. (Edited to show match vs. tournament - either way they were playing darts!)

I am confused at the lack of concern from JT,KT and JN for Julia before Tuesday evening. Julia miss a work assignment with JT's cleaning business Monday AM and a friend contacted KT because Julia failed of show up a the Walmart Christmas party Monday night, where she was scheduled to pick other co-workers up to attend.

I know it's been said that KT and JN did call Julia's cell, but I'm confused as to why others (roommates and friends) were more concerned than the family. Also, there is no mention of KT or JN calling Grandmother Rose to see if Julia called or came home for some reason. I say this because Julia lived with GR when she was in Monroe.

 

[Deleted member 132804]

Anyone who thinks it's easy to fool a Judge, has simply not been up in front of one. Judges are not easily fooled. They hold the highest degree in law and justice and most have successfully practiced law for many years before even being considered to be a judge. Judges also have access to their own specialist in any field if/when needed to console with on issues. There is no reason a Judge needs to make a ill informed decision because of lack of information. A Judge controls the case and is able to take the time needed for additional console if/when needed.

 

[black_squirrel]

Anyone who thinks it's easy to fool a Judge, has simply not been up in front of one. Judges are not easily fooled. They hold the highest degree in law and justice and most have successfully practiced law for many years before even being considered to be a judge. Judges also have access to their own specialist in any field if/when needed to console with on issues. There is no reason a Judge needs to make a ill informed decision because of lack of information. A Judge controls the case and is able to take the time needed for additional console if/when needed.

I am not saying that Judges are naive. But it is simply not in their job description to fact-check an affidavit. Did Julia's friend really say that Julia told her that JT did "inappropriate things"?
I don't think the Judge called this witness on the phone, and asked her in person. So if the detective lied about that, there is no way for the judge to tell.

I know some judges, but I was "in front" of a judge only once. I won against a police officer who wrote me a ticket for something stupid. But I did not try to fool the judge.

 

[OldSteve]

Respectfully snipped from above:

The affidavit also doesn't mention whether the semen has been tested for DNA. From what I have read it is possible to do this even if there is no sperm. But there is no mention of such a test, and its results.

Yes - in this age of really good and sophisticated DNA testing, I don't understand what happened - Why no mention of a DNA profile?

 

[MIMOMMY]

I am not saying that Judges are naive. But it is simply not in their job description to fact-check an affidavit. Did Julia's friend really say that Julia told her that JT did "inappropriate things"?
I don't think the Judge called this witness on the phone, and asked her in person. So if the detective lied about that, there is no way for the judge to tell.

I know some judges, but I was "in front" of a judge only once. I won against a police officer who wrote me a ticket for something stupid. But I did not try to fool the judge.

I believe we will see much more on this particular subject from many of the "players" in the affidavit.

 

[georgiasblu]

I think *advertiser censored* is like sex. It is OK for parents to have it, but they should not show it to their children.

In a way, every computer has *advertiser censored* on it. Perhaps not stored on the hard drive, but it is super easy to find it if you have an internet connection (which most computers have). It is difficult to shield
children from this. As a parent, I think the best strategy is to warn children for the dangers of *advertiser censored*, sexting etc.

Perhaps not having it on the family pc would be a good place to start. Especially if the pc was in a family area.

 

[georgiasblu]

If the affidavit is to be discussed, all members need access to it. I think I read that a few of you have a copy. Can someone upload it, please. If there's a problem, just let me know in a pm.

Thanks.

Thanks Bessie. I'm a little uncomfortable with this as many unverified insiders are making inferences based on the affidavit.

 

[Skigirl]

Anyone who thinks it's easy to fool a Judge, has simply not been up in front of one. Judges are not easily fooled. They hold the highest degree in law and justice and most have successfully practiced law for many years before even being considered to be a judge. Judges also have access to their own specialist in any field if/when needed to console with on issues. There is no reason a Judge needs to make a ill informed decision because of lack of information. A Judge controls the case and is able to take the time needed for additional console if/when needed.

Erg, holding the highest degree in law is not a requirement for all judges nor is it a requirement that they practice law for many years. For example, in PA, the requirements are that a person is a legal citizen and a member of the bar (neither of those requiring the highest degree in law, i.e., an S.J.D nor many years of practice). In many states, certain judges are elected, so what is required is determined by the electorate. I'm not sure about unlimited access to specialists, either. US Supreme Court judges are appointed and there is no requirement that they have law degrees at all. That is not to say that many judges aren't very well qualified and wise.

 

[FindHG]

Erg, holding the highest degree in law is not a requirement for all judges nor is it a requirement that they practice law for many years. For example, in PA, the requirements are that a person is a legal citizen and a member of the bar (neither of those requiring the highest degree in law, i.e., an S.J.D nor many years of practice). In many states, certain judges are elected, so what is required is determined by the electorate. I'm not sure about unlimited access to specialists, either. US Supreme Court judges are appointed and there is no requirement that they have law degrees at all. That is not to say that many judges aren't very well qualified and wise.

Thank you, Skigirl, for this information. Does it break down by state or more locally whether judges are elected or appointed?

 

[Skigirl]

Thank you, Skigirl, for this information. Does it break down by state or more locally whether judges are elected or appointed?

It's all over the place by state and type of court, an incredibly tangled mess (IMHO) It sort of blows my mind that with no legal training, I could be elected judge in some jurisdictions.

 

[caspermi]

Some thoughts on how the killer got into JN’s apartment:

1) A random stranger followed JN from outside. Perhaps she went into her vehicle for something late at night and someone followed her in. Was she a smoker- could she have gone outside for a late night smoke? Perhaps a visitor to someone else in the apartment followed her and forced their way into her apartment.

Was the main entrance door from outside unlocked and open to anyone or was it secured with a key or card? Was there signs of a struggle in the common areas of the apartment (kitchen, living room) or was the struggle confined to her bedroom/bathroom area?

2) Someone that she knew dropped in unexpectedly and she let them in. Does the apartment have an intercom system for visitors to contact residents? Articles state that the last text was to her sister at around 10pm.

3) While she slept, someone entered the apartment through an unlocked window or had keys to the apartment. Perhaps a previous visitor preplanned by leaving a window unlocked in one of the three bedrooms in the unit. She was on a ground floor apartment. Who else could have keys? Family? Roommates? Roommate’s friends? Apartment staff/maintenance? Former tenant?

In my opinion, the latex gloves show evidence of premeditation. I don’t believe this was a casual encounter that escalated into rape or murder. Whoever it was came with the intent to rape or murder.

Could it be the work of a serial rapist with a rape kit (latex gloves, ligatures (zip ties, tape – the ligatures were never recovered according to articles)? I’m sure LE have checked for other crimes using this MO.

Or was it someone JN knew that came there that night with the intent to kill her?

The apartment complex didn’t have security cameras but did any nearby businesses have cameras especially along Huron Dr. and Leforge Rd, nearby major roads around the apartment complex. Being a late Sunday night/early Monday traffic would have been extremely light.

 

[fleurdelea]

This is my first time posting here. Trojan1966, I am very sorry for your loss. I hope you find justice for Julia very soon. You're obviously a loving, caring man, and she was lucky to have you for her grandfather.
I just wanted to leave some of my thoughts here in case they are helpful. I believe there's a possibility that this is a sex crime. If so, whether the perpetrator(s) killed Julia accidentally or intentionally, I don't know. What I do know is that there are people out there with sex fantasies who role play dangerous and potentially dangerous sexual fantasies such as erotic asphyxiation, choking, and bondage, to name a few. I think normally one finds an interested participant, but it's also possible that one would either initiate the fantasies in hopes that one would participate, or by force. It sounds to me like Julia was single and dating. Whether she was dating the one guy she was described as "seeing" is unclear to me. Is it known if Julia had any online dating profiles? I know from experience that there are plenty of creeps on these dating sites, and it's not always evident until after the initial charm. I would search every possible dating site and any type of site meant for meeting people to see if Julia had a profile. Maybe the profile would still be active or accessible if it was never deleted. If so, maybe there's a way to see if she was talking to anyone new leading up to her death. There could be someone out there that was new in her life who was able to slip into the shadows because he was never introduced or mentioned. Maybe this has been done already, but you could do an online search for any key words or user names that could link you to Julia. I for one searched myself with my first name only and the name of my town, and was easily able to find one of my own profiles.
I also think the police should review their files of people they already cleared. Sometimes people are wrongfully written off as unreliable witnesses or sources. Take the Lyon sisters case, which is being solved 40 years too late because the perpetrator was written off as an unreliable source while everyone was focused on another suspect.
With that said, I think JT is looking pretty guilty. I just hope no stone is left unturned.