NC NC - Faith Hedgepeth, 19, UNC student, Chapel Hill, 7 Sep 2012 #3

[Webthrush]

Just to clarify this (as I understand it at least) I think there is no doubt this crime qualifies as “felony murder” and would be eligible for the death penalty — the Durham DA has simply chosen in her discretion to take the death penalty off the table as a matter of practicality (DP trials drag on significantly longer, leading to automatic appeals if convicted and DP applied; even at very end it could be decades before the DP would be applied) — so it is common to have DP removed from consideration to speed things along, just seems like it happened awfully fast in this case, though I think I read that this DA has never done a DP case(?).

Over the years a few folks have sent me theories of how semen/DNA of an innocent person could’ve been planted at the crime scene — I find those theories bizarre and unlikely, BUT, IF police have no other evidence against Olivares (he has a non-violent criminal history, and maybe he has alibis for that night), then in the hands of a good defense lawyer such theories could have sway (juries can be strange
I don’t think we’re headed in that direction, but am just unsure where we’re headed.

 

[CADwrest]

I think part of the issue with burglary or B&E charges is also that the door wasn't locked so there's not a forcible entry.

Burglary and Home Invasions in North Carolina
“ Even opening an unlocked door or window constitutes breaking and entering.”
We’re good.

 

[Curious_in_NC]

There's also this to consider. DeBerry is still the current DA.
City of Durham comes out for abolition of the death penalty | The Pulse
https://deathpenaltyinfo.org/news/v...-movement-elect-anti-death-penalty-prosecutor

There's currently no prisoners on death row in NC from either Durham or Orange County (most of Chapel Hill is in Orange Co.).
NC DPS: Death Row Roster

 

[Skigirl]

Just to clarify this (as I understand it at least) I think there is no doubt this crime qualifies as “felony murder” and would be eligible for the death penalty — the Durham DA has simply chosen in her discretion to take the death penalty off the table as a matter of practicality (DP trials drag on significantly longer, leading to automatic appeals if convicted and DP applied; even at very end it could be decades before the DP would be applied) — so it is common to have DP removed from consideration to speed things along, just seems like it happened awfully fast in this case, though I think I read that this DA has never done a DP case(?).

Over the years a few folks have sent me theories of how semen/DNA of an innocent person could’ve been planted at the crime scene — I find those theories bizarre and unlikely, BUT, IF police have no other evidence against Olivares (he has a non-violent criminal history, and maybe he has alibis for that night), then in the hands of a good defense lawyer such theories could have sway (juries can be strange
I don’t think we’re headed in that direction, but am just unsure where we’re headed.

Based on what Josh Stein said at the press conference (about the importance of testing old rape kits), I think what we will learn is that the other evidence that they have against Olivares is that when they finally got a match to Faith's evidence, they also had matches against evidence from the rape of at least one other victim, if not several.

Since there has been a state-wide push over the last few years to get through at least some of the rape kit backlog, I think there may be matches to the evidence in Faith's case in the last few years from other crimes, but that those haven't been announced to date. LE may have known that whoever killed Faith also raped others, but may not have had a known match prior to now.

 

[Doghairrules]

Based on what Josh Stein said at the press conference (about the importance of testing old rape kits), I think what we will learn is that the other evidence that they have against Olivares is that when they finally got a match to Faith's evidence, they also had matches against evidence from the rape of at least one other victim, if not several.

Good point and you’re probably right. Stranger rape like this doesn’t usually just happen once it seems to me.

 

[Webthrush]

Based on what Josh Stein said at the press conference (about the importance of testing old rape kits), I think what we will learn is that the other evidence that they have against Olivares is that when they finally got a match to Faith's evidence, they also had matches against evidence from the rape of at least one other victim, if not several.

Since there has been a state-wide push over the last few years to get through at least some of the rape kit backlog, I think there may be matches to the evidence in Faith's case in the last few years from other crimes, but that those haven't been announced to date. LE may have known that whoever killed Faith also raped others, but may not have had a known match prior to now.

Wow, that's an interesting thought, but I'd be a bit surprised if it's the case... many of us thought Faith's perp was probably long-gone from the area; if LE knew all along he was not, and that there was a possible serial rapist around, I would think they might've wanted the public to know that (...but maybe not?).
As a sidenote, even if Olivares was linked to other rapes I'm doubtful that evidence can be used against him in Faith's case, but maybe a lawyer can say if establishing an MO or pattern is admissible in court?

 

[Skigirl]

Wow, that's an interesting thought, but I'd be a bit surprised if it's the case... many of us thought Faith's perp was probably long-gone from the area; if LE knew all along he was not, and that there was a possible serial rapist around, I would think they might've wanted the public to know that (...but maybe not?).
As a sidenote, even if Olivares was linked to other rapes I'm doubtful that evidence can be used against him in Faith's case, but maybe a lawyer can say if establishing an MO or pattern is admissible in court?

From the Indy: "This case underscores the importance of DNA," Stein said. "That's why we are working hard to test the thousands of untested sexual assault kits in local law enforcement custody across North Carolina."

It's possible that he was using it as a chance to underscore the importance of funding DNA testing, but it seems like it's pretty likely that there's a reason that he mentioned the backlog, specifically.

For whatever it's worth, I thought that it was pretty likely that killer was still in the area and would be someone that at most she came into casual contact with.

Maybe they didn't want to make a public announcement because they were working with the guy in Maryland to do the forensic geneology work, and didn't want to put the killer on his guard.

Suspect In Custody for 2012 Murder of UNC-Chapel Hill Student Faith Hedgepeth

 

[Moonbeam456]

It's been so quiet since the arrest, has anyone heard anything new lately? I know they have a DNA match but I figured we would hear more details by now...

 

[CADwrest]

It's been so quiet since the arrest, has anyone heard anything new lately? I know they have a DNA match but I figured we would hear more details by now...

No, nothing. We were expecting that hearing on October 7th but it doesn't seem to have happened. We're not sure what to make of that...

 

[Moonbeam456]

No, nothing. We were expecting that hearing on October 7th but it doesn't seem to have happened. We're not sure what to make of that...

Yeah, I was waiting to hear some info from the hearing on the 7th, the fact that it didn’t take place could mean something or nothing at all. I’m currently a witness for a trial that was supposed to start next week but the prosecutor’s office told me due to COVID all courts are extremely backed up and moving very slowly. However his court date on the 7th wasn’t a trial, it was just a hearing, which makes me think the prosecutor wasn’t quite ready to proceed for some reason…

 

[Webthrush]

Yeah, I was waiting to hear some info from the hearing on the 7th, the fact that it didn’t take place could mean something or nothing at all. I’m currently a witness for a trial that was supposed to start next week but the prosecutor’s office told me due to COVID all courts are extremely backed up and moving very slowly. However his court date on the 7th wasn’t a trial, it was just a hearing, which makes me think the prosecutor wasn’t quite ready to proceed for some reason…

yeah, I worry too about the possibility of something being botched badly enough that the prosecution can't proceed on time, though there may be a far simpler explanation. I'm especially baffled that there is no word from the press, who have always covered this case closely, and who were surely there to cover the Oct. 7 hearing... at the very least they could simply say that the hearing was postponed, but not a peep from them???

 

[Moonbeam456]

yeah, I worry too about the possibility of something being botched badly enough that the prosecution can't proceed on time, though there may be a far simpler explanation. I'm especially baffled that there is no word from the press, who have always covered this case closely, and who were surely there to cover the Oct. 7 hearing... at the very least they could simply say that the hearing was postponed, but not a peep from them???[/QUOTE]

Yeah, it’s quiet on all fronts which I find strange, it’s like they announced this big break and then silence. I’m still leaning towards there being more people involved and am really hoping we aren’t hearing anything because they are working on bringing down the others soon too.

 

[CADwrest]

Yeah, I was waiting to hear some info from the hearing on the 7th, the fact that it didn’t take place could mean something or nothing at all. I’m currently a witness for a trial that was supposed to start next week but the prosecutor’s office told me due to COVID all courts are extremely backed up and moving very slowly. However his court date on the 7th wasn’t a trial, it was just a hearing, which makes me think the prosecutor wasn’t quite ready to proceed for some reason…

Since this hearing is the arraignment and also when the prosecution will establish probable cause to keep holding him, I think it's probably the defense side that is pushing things back. Theoretically, he could be ordered released if the prosecution can't show probable cause to hold him, and if the defense legit thought they had a good shot at that, they wouldn't be agreeable to moving the hearing back, since that means he's sitting in jail longer.
Also, though, this case is probably about the highest priority case for the Durham DA right now. I seriously doubt she doesn't have her ducks in a row.

 

[Doghairrules]

yeah, I worry too about the possibility of something being botched badly enough that the prosecution can't proceed on time, though there may be a far simpler explanation. I'm especially baffled that there is no word from the press, who have always covered this case closely, and who were surely there to cover the Oct. 7 hearing... at the very least they could simply say that the hearing was postponed, but not a peep from them???

I’m amazed that the local news hasn’t done follow up stories with his background, reaction from her family, etc. the face that there’s been none of that makes me wonder if someone else is involved and they are working on that arrest.

 

[Doghairrules]

Do any of you other locals remember the cold case in Raleigh where the young woman was raped and killed in her apartment? Her name is Stephanie Bennett and the guy who killed her turned out to be a budding serial killer.

here’s the article announcing his arrest: Police Make Arrest In Stephanie Bennett Murder Case :: WRAL.com

I will look at the timing of other articles but I know we knew about them trying to get his dna see WRAL times before they were successful and his boss basically going undercover for them to get it before they ever went to trial. Because he killed himself before trial. So this to me is extremely similar except for the silence.

 

[Doghairrules]

This was two or three days later:

Bennett Murder Investigation Far From Over :: WRAL.com

 

[Webthrush]

Do any of you other locals remember the cold case in Raleigh where the young woman was raped and killed in her apartment? Her name is Stephanie Bennett and the guy who killed her turned out to be a budding serial killer.

here’s the article announcing his arrest: Police Make Arrest In Stephanie Bennett Murder Case :: WRAL.com

I will look at the timing of other articles but I know we knew about them trying to get his dna see WRAL times before they were successful and his boss basically going undercover for them to get it before they ever went to trial. Because he killed himself before trial. So this to me is extremely similar except for the silence.

yeah, I remember the sickening Bennett case and the years it took to catch the guy, though I didn't remember him being a 'budding serial killer' but certainly a very strange individual. There's been a number of sad, grisly young coed murders in my 4 decades in the Triangle area (Raleigh-Durham-Chapel Hill). The ones I can think of were all solved; can't recall any, besides Faith's, that were unsolved (but there are other unsolved area murders).

 

[Webthrush]

Just curious if someone knows the answer here: since I'm still amazed at the complete silence of the press, is it possible that either the defense or prosecution has had some sort of enforced 'gag order' placed on the press or is that not a legal possibility?

 

[CADwrest]

Just curious if someone knows the answer here: since I'm still amazed at the complete silence of the press, is it possible that either the defense or prosecution has had some sort of enforced 'gag order' placed on the press or is that not a legal possibility?

Apparently, no. Nebraska Press Association v. Stuart
It was done in the past, mainly having to do with ensuring a fair trial for a defendant, but the above ruling indicated that the other options a court has to ensure that (jury sequestration, venue change, etc.) are sufficient, and a general gag order isn't permissible.
I can't imagine what would be happening at this phase anyway that would even have anyone thinking along those lines. We're nowhere near a trial.

 

[Webthrush]

Apparently, no. Nebraska Press Association v. Stuart
It was done in the past, mainly having to do with ensuring a fair trial for a defendant, but the above ruling indicated that the other options a court has to ensure that (jury sequestration, venue change, etc.) are sufficient, and a general gag order isn't permissible.
I can't imagine what would be happening at this phase anyway that would even have anyone thinking along those lines. We're nowhere near a trial.

So if there is no 'gag order' of any kind, then again can someone who knows the legal process explain if a hearing can be cancelled/delayed and not be rescheduled (almost immediately?); could it take this long to be re-scheduled and show up on a docket somewhere? I'm baffled and very suspicious of what is transpiring, but would be happy to see a simple mundane explanation.
I know some folks who have directly asked press outlets what's going on and received no feedback at all.