In my opinion strategically filing a misdemeanor sextrade charge against Pak or anyone else would be very shortsighted. From a legal standpoint it is not the slam dunk conviction some people are painting it to be.
First of all the only key evidence would be the statements made by the would be accused gave in their statements. That testimony can be recanted at a minimum and more likely you would see the defense ask that the statements be excluded from evidence. Confessions get thrown out all the time, would be accused had their rights violated, don't have to testify against yourself, LE didn't inform them appropriately, yada yada.... but my point being that you can't hinge the entire case on a verbal statement that can be recanted or possibly excluded.
In the bigger picture if you assume that the would be accused (insert POI name here) is possibly a serial killer taking them to trial on a misdemeanor charge could put the state in the position of having to release evidence that they are not ready to reveal yet. Big risk for a pretty minor payoff. A misdemeanor charge carries a MAXIMUM of a year in jail.
You could also effect what this person could be charged afterwards.
It is complicated but the State cannot take the crime committed/the event/incident charge you with crime A, let you do your time and then haul you back into court using the same event/incident/evidence and charge you with crimes BC and D. You open the door for defense to argue that additional more serious charges can't be filed depending/based on how you define the event. Again a risk that when compared to the payoff?
The reality is that the people who are likely to be the key witnesses to identifying this serial killer are most likely going to have criminal issues of their own. Sex trade, illegal drugs, probation violations. It is not going to encourage people to call LE and say they had a john they think is creepy if they think you are going to charge them with solicitation, whether we are talking about the girl or her pimp.
It is frustrating how long these investigations take and it would at least *feel* like something was happening, someone was being held accountable for their admitted sins. It is not an issue, in my opinion, of lazy prosecution, sloppy police work, or apathy because the victims are prostitutes.
Excellent points Impatient, except
1)How can MP recant he drove SG to Oak Beach. and who can recant SG was selling sex, her family can testify to that fact. JB can state he did not hire SG for sex, and no sex conduct took place. The fact lubricant was purchased while SG was with JB proves that sexual conduct was planned or intended. For a conviction under the statute the DA has to convince the jury beyond a reasonable doubt that a)MP drove SG to Oak Beach, and b)she was offering sexual services. Is there anybody on this forum believe that did not happen?
One other thing, Impatient that you might be forgetting about is context.
The context I am talking about is
time. and the fact that it is a pretty foregone conclusion
that MP is not the LISK..
It has been two years since the crime took place. Using a 'do nothing so we do not mess up down the road' approach has the identical results of just doing nothing.
The worst thing that can happen by charging MP is the case never makes it to trial, which is where we are now so we are already experiencing the worst case scenario.
The second worst thing that can happen is MP or somebody else is identified as the LISK, and it would be difficult to charge that person. However if a trial of MP in relationship to SG identifies the SK, there are still ten other deaths that the SK could be charged with. So nothing that happens in a trial of MP could or would be prejudicial in a trial for the other 10 deaths.
My friend Truth believes LE is watching CPH very closely and are ready to pounce. But CPH is fully aware of being monitored and has behaved himself.
Imagine if in a trial charging MP with an accomplice to prostitution; the District Attorney subpoenas CPH to relate the events of that night. CPH must tell the truth, or can be charged with perjury, and he must answer all questions regarding MP and SG. Better than a Lie Detector.
Understand, if the LISK, whoever it is, does not kill another person, chances are he will never be arrested. To date LE does not have enough evidence.
As an aside I find it surprising how many people are saying what I suggest will not work, knowing full well the alternative for the last two years is doing nothing. I can accept my suggestion has many weak points, I just do not want to wait another two years for nothing to happen.
If somebody has a better action plan let us here it.
MOO
