If he used his car during to harm her can that be considered a weapon ? How many years here in Texas can he get for this?
Oooh, good point. I think that's where prosecution is going. Moo
If he used his car during to harm her can that be considered a weapon ? How many years here in Texas can he get for this?
That's what those heifers do. That's why I was wondering if it was blood because if not they'll be giving outrageous reasons lolOk...so she may have sneezed and wiped her boogers in his trunk? Really? That's their defense? Cmon!
If he used his car during to harm her can that be considered a weapon ? How many years here in Texas can he get for this?
Yet Det in trial has stated at least one that his theory was she went willingly. Has this Det been a witness (sorry lost track, or are you referring to prev hearing / or stuff) TIA
Quote Originally Posted by catpatrol View Post
I think Detective Stamm's testimony is being taken out of context at this point, IMO. She testified that she absolutely believes that Enrique killed Christina. She also testified that the DNA in the trunk does not necessarily indicate injury or assault. She is using logical reasoning to opine that the amount of DNA in the trunk of the last person that saw Christina leads her to believe that she was in his trunk, not as a willing passenger, and was likely killed. No big leaps in her reasoning.
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Quote Originally Posted by arkansasmimi View Post
Yet Det in trial has stated at least one that his theory was she went willingly. Has this Det been a witness (sorry lost track, or are you referring to prev hearing / or stuff) TIA
Went willingly and got in his front seat. Not willingly later when she was put in trunk.
Stamm hasn't testified in trial yet AFAIK. The tweets are from EA's bond hearing in Jan 2015. https://www.scribd.com/document/252830548/EA-Bond-Hearing-Tweets
Stamm did testify that day that she thought there was scuffle/altercation in the garage and that's when she ended up in the trunk. Not sure what she will say in trial.
IMO, either way, Christina didn't end up in that trunk willingly.
Thanks on if had or had not testified yet. JMHO that would confuse me if have another Det testify that she thinks happened in garage and prev theory went willingly from garage. I totally agree, IF she was in the trunk it would not be willingly.
Hopefully they can clarify what kind of bodily fluid the DNA came from. Right now I open minded waiting for that. So far could still be reason why DNA but not necessarily a body. I have no opinion, yet. (I have some confusion lol because of the PPD Det vs Lab results) Hoping the jurors are taking good notes.
Quote Originally Posted by arkansasmimi View Post
Thanks on if had or had not testified yet. JMHO that would confuse me if have another Det testify that she thinks happened in garage and prev theory went willingly from garage. I totally agree, IF she was in the trunk it would not be willingly.
Hopefully they can clarify what kind of bodily fluid the DNA came from. Right now I open minded waiting for that. So far could still be reason why DNA but not necessarily a body. I have no opinion, yet. (I have some confusion lol because of the PPD Det vs Lab results) Hoping the jurors are taking good notes.
They did say that areas in the home were false positives to bluestar, likely soil - because it has iron which bluestar looks for.
Not a big leap for me that he got soil (therefore iron, therefore faint luminescence) contaminated with her DNA in the trunk. We shall see.
OK Now I really AM confused lol. Sorry! I TOOK IT AS Garage was parking garage and not the Home Garage. I speaking of witness in trial stating theory that CM left willingly from the parking garage. So does this other Detective think CM was in the HOME garage? OR that CM was in trunk from the Parking Garage?? TIA
Is this the correct Texas Statute that EA is charged under for Agg Kidnipping?
Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1995. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20.htm
Is this the correct Texas Statute that EA is charged under for Agg Kidnipping?
Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1995. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20.htm
Looks right, but there is some language in the charges about her being "secreted away" because the Defense attorney commented on that at least twice when I was in there on Tuesday. Not during testimony but random discussion clarification in the court room. Not entirely sure what his point was.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. ****this may be what they are hoping for that EA takes stand and says he let CM out at *advertiser censored*