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

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It really is taking super long. I do think they have the right guy, but probably they are getting the full story together. Could the phone call that's being translated be a confession of a sort to someone? A phone call from the jail that shows he knew something he should have not? Or is that suggesting someone else was involved? If the motive of entering the flat was not to commit a sex crime, but steal some valuables, I could see someone else being involved as a burglary partner. And that person would have to be identified and ruled out (or confirmed) of actually being the killer, so to say. If that other person is also an illegal immigrant and if the number of those burglary partners is unknonw, I could see how a simple case of fingerprints etc could take a lot of time. Additionally, there are probably still many different LE agencies involved, like the Chapel Hill police and then some others?
Due to the felony murder rule, it is likely that any "burglary partner" who was part of the break-in would be charged with murder, regardless of whether this theoretical second person actually attacked FH or not.

So no, you don't need to "rule out" this theoretical second person in order to charge MESO.
 
This has dragged on so long I'm feeling uncertain of what has transpired courtwise; can some legal-eagle (who really knows the NC court/legal system) affirm IF I have this right?:

1) MESO HAS been CHARGED with murder (or a similar charge)
2) he had one preliminary court appearance that set forth a few basics like assigning a public defender
3) He has NOT been arraigned yet (…is that possible after all this time)
4) He has NOT entered a plea yet, and clearly no trial date has been set

I ask all this due to hearing about the Idaho Kohberger case where the defendant is due soon for arraignment (after which he’ll make an official plea, having already proclaimed his innocence) and Idaho state law requires a trial date within 6 mos. of arraignment (what’s the law in our state?). Things are certainly moving a ton faster in that horrendous case.

Honestly, I just don't understand the legality (or even constitutionality) of holding someone in prison for this long without further court action (no matter what the charge is nor what further investigation is still ongoing, or whatever other complications exist???)
 
Honestly, I just don't understand the legality (or even constitutionality) of holding someone in prison for this long without further court action (no matter what the charge is nor what further investigation is still ongoing, or whatever other complications exist???)
My exact thoughts. It was a very public discussion about whether Kohberger's attorneys would waive the right to a speedy trial or not. We haven't heard a peep in this case... Like you said, I can't understand how we're approaching two years and MESO has not even been arraigned
 
This has dragged on so long I'm feeling uncertain of what has transpired courtwise; can some legal-eagle (who really knows the NC court/legal system) affirm IF I have this right?:

1) MESO HAS been CHARGED with murder (or a similar charge)
2) he had one preliminary court appearance that set forth a few basics like assigning a public defender
3) He has NOT been arraigned yet (…is that possible after all this time)
4) He has NOT entered a plea yet, and clearly no trial date has been set

I ask all this due to hearing about the Idaho Kohberger case where the defendant is due soon for arraignment (after which he’ll make an official plea, having already proclaimed his innocence) and Idaho state law requires a trial date within 6 mos. of arraignment (what’s the law in our state?). Things are certainly moving a ton faster in that horrendous case.

Honestly, I just don't understand the legality (or even constitutionality) of holding someone in prison for this long without further court action (no matter what the charge is nor what further investigation is still ongoing, or whatever other complications exist???)
I'm not a legal expert, but I'm local. I can at least confirm that as of today he is still an inmate in Durham Co. jail and is still charged with murder. I couldn't find any listings in upcoming court schedules using either his last name or his docket# (I believe the "21CR" relates to the date/year charged, i.e. 2021).

OLIVARES, MIGUEL, ENRIQUE
Date Confined Date Charged Date Released Statute Description Bond Type Bond Amount Court Docket Days In Jail/Charge
9/16/2021 9/16/2021 [incarcerated] FIRST DEGREE MURDER NO BOND $0.00 21CR054671 624
 
Just having my monthly rant about how tf is this case not moving anywhere.

Are there more victims? More perpetrators? Shoddy police work?

Totally agree (and totally frustrated); until shown otherwise, I operate on the assumption that either CH Police or Durham D.A. Deberry have botched this case in some way (maybe MESO is even innocent — screwy things can happen with DNA — or maybe he’s guilty but there’s nowhere near enough evidence for conviction).
We’re close to September!! Can you believe yet another crime-anniversary approaching… just shameful, and debilitating to Faith's family/loved-ones. The excuses offered for delay ring increasingly lame & hollow!
 
Totally agree (and totally frustrated); until shown otherwise, I operate on the assumption that either CH Police or Durham D.A. Deberry have botched this case in some way (maybe MESO is even innocent — screwy things can happen with DNA — or maybe he’s guilty but there’s nowhere near enough evidence for conviction).
We’re close to September!! Can you believe yet another crime-anniversary approaching… just shameful, and debilitating to Faith's family/loved-ones. The excuses offered for delay ring increasingly lame & hollow!
I am still hoping that this will play out like how LE handled the Kohberger Idaho investigation. Everyone including victims families thought they were completely inept and over their heads when they had their guy all along and were steadily building the case
 
I am still hoping that this will play out like how LE handled the Kohberger Idaho investigation.
That ship has already sailed. LE in the Kohberger investigation did not let wild rumors get out of hand, and discouraged irresponsible speculation.
 
Not much here, but I thought I’d share:


“The prosecution said in court that both parties are still reviewing evidence.”

It’s been 22 months since MESO’s arrest; both sides are content to still be “reviewing evidence”?
 
Have been following this case for quite a few years now. Given the arrest & now stall in the court proceedings I can only guess that it is related to one of two things (or possibly both):

1. Prosecutors don’t have any evidence on Miguel other than the palm print & semen. This could hurt their ability to win in court if he claims the sex was consensual, especially if they don’t have enough evidence to build a clear timeline or frame a narrative of what happened to the jury. For example, he could claim he left after they had sex & someone else killed her. This could explain why prosecutors continue to review & sift through evidence.

2. Prosecutors believe more than one perp is involved. Miguel isn’t talking. Therefore, prosecutors have been working to build a case against other potential perps..which could explain the continuance where its been stated they’re reviewing/sifting through evidence STILL.

Just my thoughts & wondering if anyone else agrees or disagrees? It blows my mind he was arrested in 2021 & we are still waiting on his trial date.
 
Just my thoughts & wondering if anyone else agrees or disagrees? It blows my mind he was arrested in 2021 & we are still waiting on his trial date.
I agree that both of your theories seem likely, but the point I agree most with is the last one: it blows my mind that we are still waiting for a trial.
 
Have been following this case for quite a few years now. Given the arrest & now stall in the court proceedings I can only guess that it is related to one of two things (or possibly both):

1. Prosecutors don’t have any evidence on Miguel other than the palm print & semen. This could hurt their ability to win in court if he claims the sex was consensual, especially if they don’t have enough evidence to build a clear timeline or frame a narrative of what happened to the jury. For example, he could claim he left after they had sex & someone else killed her. This could explain why prosecutors continue to review & sift through evidence.

2. Prosecutors believe more than one perp is involved. Miguel isn’t talking. Therefore, prosecutors have been working to build a case against other potential perps..which could explain the continuance where its been stated they’re reviewing/sifting through evidence STILL.

Just my thoughts & wondering if anyone else agrees or disagrees? It blows my mind he was arrested in 2021 & we are still waiting on his trial date.
I would agree that something seems amiss.
 
Have been following this case for quite a few years now. Given the arrest & now stall in the court proceedings I can only guess that it is related to one of two things (or possibly both):

1. Prosecutors don’t have any evidence on Miguel other than the palm print & semen. This could hurt their ability to win in court if he claims the sex was consensual, especially if they don’t have enough evidence to build a clear timeline or frame a narrative of what happened to the jury. For example, he could claim he left after they had sex & someone else killed her. This could explain why prosecutors continue to review & sift through evidence.

2. Prosecutors believe more than one perp is involved. Miguel isn’t talking. Therefore, prosecutors have been working to build a case against other potential perps..which could explain the continuance where its been stated they’re reviewing/sifting through evidence STILL.

Just my thoughts & wondering if anyone else agrees or disagrees? It blows my mind he was arrested in 2021 & we are still waiting on his trial date.

Yup, a lotta blown minds on this case!!

1) I too think the evidence and/or prosecutorial case may be compromised in some way (several possibilities) delaying the case, though 2 years seems crazy!

2) I do believe there is another perp involved, but I don’t understand why that perp must be caught/charged before Miguel’s case can go forward. Even if it’s a question of which individual delivered the fatal blow, my understanding of such violent crimes, is that both parties can be equally charged (and since I don’t believe it was a premeditated crime, it would be 2nd, not 1st degree murder).
[with that said, I’m not a lawyer, so correct any nuances I’m wrong about…]
 
I agree that both of your theories seem likely, but the point I agree most with is the last one: it blows my mind that we are still waiting for a trial.
I think my biggest confusion (with minimal understanding of the law as it pertains here) is why his attorneys are okay with this? It appears there has been virtually no movement since his arrest and I'm not understanding how that is possible. The theories we're floating around are good ones but I'm still missing the piece that explains why the defense is fine letting the cops run around looking for other perps or trying to fix issues with the DNA/evidence - if either of those things were truly what's going on.
 
I think my biggest confusion (with minimal understanding of the law as it pertains here) is why his attorneys are okay with this? It appears there has been virtually no movement since his arrest and I'm not understanding how that is possible. The theories we're floating around are good ones but I'm still missing the piece that explains why the defense is fine letting the cops run around looking for other perps or trying to fix issues with the DNA/evidence - if either of those things were truly what's going on.
Agreed... and the other (tangential) mystery to me is why the press hasn't been beating down doors for answers to so many questions... they seem to be AWOL; what's happened to the investigative journalism of the past?
 
11 years ago today...haven't seen any news items about today being the anniversary. Anyone else?
Yup, so sad, almost reprehensible that there is no acknowledgment of the anniversary in any way... like an insult to Faith's friends & family, as if Durham DA and law enforcement would just like people to forget about the 11-yr-old murder and move on to the latest crime-du-jour... :(
 

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