GUILTY TX - Christina Morris, 23, Plano, 30 Aug 2014 - Enrique Arochi kidnapping trial #5

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Lol, if Gore really believed that, then why not let it roll on to the jury? Why ask the judge to for a directed verdict knowing he can only rule "not guilty" or decline the request to decide? After the state rests, rest your little case too. Dismiss your reasonable jury so they can get on with making the decision.

I sincerely hope this was an attempt by Gore to see if he needs to plan on working late tonight so as to secure a last minute deal with the DA (if that's even an option at this point). Since one of his witnesses was just released from jail* and the other is having to travel in, he may be lacking confidence in being able to successfully herd all of the witnesses he's called. Maybe I'm wrong, but this feels like a pulse check or a Hail Mary, but then again, I'm not a lawyer and am possibly just wishful thinking. Any perspective?

*Clearly I'm not all caught up. In reading further in the postings I see he testified in court today.

Re the defense request for a directed verdict, this was nothing more than aggressive defense lawyering, and it's a common tactic by good lawyers. In essence, after the state has presented its case, and before the defense has even begun, you offer a motion to the judge that there's "not enough evidence to convict" and hope that he will end the trial. It's a free chance to have the case dismissed before it ever gets in the hands of the jury, so why not ask and see what happens.

There doesn't have to be a REALISTIC chance of success to ask. You just have to ask, and hope for the best. They did. And got shot down, of course.
 
Will he be deported if found not guilty?

He's here as a "guest" so the powers that be do have the option to decide he's worn out his welcome, even if he's not convicted, but the BEST scenario he can hope for after this trial is to still be in jail (not state prison) awaiting trial on rape of a minor. Of course, I think at the end of this trial he'll be in the state penitentiary doing hard time for a long long time.
 
The only charge the jury can choose is AK right? No other options? Just guilty or not guilty? I believe he will be found guilty, IMO. Too many lies and the DNA. Still don't think he will get max tho.
 
So cell phone ping expert tomorrow and then the defense is done, if I followed it correctly.
I will be interested to hear the closing arguments.
 
I think I know why Gore was pushing back on the 'intent to commit sexual assault' charge.
Texas law requires individuals convicted of aggravated kidnapping with intent to commit sexual assault to register as a sex offender upon release from prison.
My opinion only.

https://www.tdcj.state.tx.us/documents/parole/03.06.04_parole_policy.pdf

Magic 8 Ball says "Without a doubt."
He still has SA of a Child on the horizion (unless it's been dismissed and I've missed that). He's not out of the woods on sex offender registration.
 
The only charge the jury can choose is AK right? No other options? Just guilty or not guilty? I believe he will be found guilty, IMO. Too many lies and the DNA. Still don't think he will get max tho.

Good points.

It's possible that there are lesser included charges (such as kidnapping, without the aggravating factors) that the jury would be allowed to consider, but I haven't seen an indication either way. It's a prosecution choice.

Regardless, I can't imagine any way to believe he kidnapped CM and made her permanently disappear without bodily injury, SA, and/or terrorizing being part of what he did. And if he did one or more of those "aggravating" acts, clearly he had an intent to do them before he did them.

It should probably be mentioned that the length of the sentence is like a mini-trial, which occurs only AFTER a guilty verdict is reached. So arguments for or against a specific length of sentence won't be made before the jury begins their deliberations. It's just guilty or not guilty in round one.
 
Here is the indictment. Copied from a Twitter post.

580e23124ef3c969ec936f756a8ea971.jpg
 
Thank you to all who are providing the tweets and to the locals who will be in attendance tomorrow. ..This is my only way to follow so it is much appreciated! !!

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Wooo Hooo
Just in case hasn't been posted. I still will post the tweets so we have as a hardcopy and for those who cant watch live stream. :happydance:

Valerie WigglesworthVerified account ‏@vlwigg 2h2 hours ago
Judge has granted request for video, still cameras in court during closing arguments Tuesday - link will be posted here Tuesday #arochitrial

[video=twitter;778031734348734465]https://twitter.com/vlwigg/status/778031734348734465[/video]
 
Thank you to all who are providing the tweets and to the locals who will be in attendance tomorrow. ..This is my only way to follow so it is much appreciated! !!

Sent from my SM-T520 using Tapatalk
We get to watch Closing Statements :happydance:
 
I will be there tomorrow. I saw on Twitter that there WILL be cameras for closing arguments. (And maybe verdict? I don't know). As soon as we find out that arguments are going to start soon, I will alert here. You can probably tune in to cbs11tv.com, wfaa.com, fox4news.com and nbcdfw.com. Not 100 % on some of those URLs so you may have to google. I figure at least one will stream live. So glad it's finally coming to an end!!!


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Valerie WigglesworthVerified account ‏@vlwigg 4m4 minutes ago
.@XXXXXX Yes, defense says just 1 more. DNA expert not being called could open door to Plano DNA expert's testimony #arochitrial
 
Valerie WigglesworthVerified account ‏@vlwigg 2h2 hours ago
.@XXXX Immigration folks have not said what his status is or what might happen #arochitrial
I'd asked about this before. EA is actually here legally. The "immigration hold" isn't as relevant or as ominous as it sounds. Going back to find explanation, brb
Valerie WigglesworthVerified account ‏@vlwigg 2h2 hours ago
.@XXXX Immigration folks have not said what his status is or what might happen #arochitrial


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I'd asked about this before. EA is actually here legally. The "immigration hold" isn't as relevant or as ominous as it sounds. Going back to find explanation, brb



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He's here on a work visa, which I believe can be revoked with any form of breaking the law.
 
He's here on a work visa, which I believe can be revoked with any form of breaking the law.
Quailfoot responded that the immigration hold was more about checking to see if he was here legally or not.
I don't see it being a problem regarding his legality being in the US

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I am kinda disappointed that it didn't seem like a slam dunk presentation. Lots of confusing testimony. None of the PPD folks seemed to be in agreement on PPD "theory" yet thought they all were lol. I liked how the Lead went time line but some of the witnesses messed that up some JMHO

I don't understand if they felt sure enough to reference it internally as "hom" for homicide why they didn't charge with that?

How did they prove that EA took CM somewhere she didn't want to go?

It wasn't clear by tweets, Busby on cross, when asked Fight inside car - could be, damage indicates something happen outside

Exact distance to tower range when EA on phone, Busby didn't know. Det Benzink testified on cross possible EA was already home that last ping.

Busby concedes that a person does not need to be present for DNA to be there.

This really SHOCKED me , that Busby did not know that SB called or texted unsure which, the next day 8/30/14 and wanted to hang out. As Lead Det I would have felt she would know everything possible.

No recollection of EA telling friend that had been in fight. States Opening Statements even stated next day told coworker got in fight. * Video surveillance, Cell pings and DNA" State also was going to have a CSI say there was blood in trunk (Staub didnt make it in front of jury) VW tweeted that why Def isn't putting on the BODE Lab guy, would open door for the PPD DNA guy.

The guys at work at Sprint. Remember they gave recorded statements...


Natalie Solis ‏@Fox4Natalie 3m3 minutes ago McKinney, TX
Busby on cross: defense pointing out that Arochi told friend he was in fight regarding injuries, then said just kidding @FOX4 #arochitrial

L.P. Phillips ‏@lpphillips 3m3 minutes ago Manhattan, NY
Busby: No recollection of Enrique saying he was kidding about being in a fight with a man at the bar. #arochitrial

TCMom notes Juan Pounce * and that's another mess he and his carpool friend

"EA came in walking with a limp, hung over – hand bruised, and scrapes went up arm, bite mark on forearm.
He asked EA what happened.
EA said Bar fight at Shops @ Legacy, had a guy in choke hold, guy bit him.

<Defense>
Asks if Ponce had security code? “Yes”
Does EA brag about things? “Yes”
Want to seem tougher than he is? “Yes”
"

Witness David Leal,

**this witness said EA came in at noon, yet clocked in at 10:51 a.m.

"Saw EA with a bruise on his forearm just below his wrist “circular” and saw scratches.
EA told about bar fight. Claimed someone said “Why is a Mexican driving a Camaro?” EA was offended and swung.
Later in the week, David overheard EA telling another coworker he was rotating his tires and one fell on his arm.
David called him out on it and EA said “That’s just what I told you”
David says he was not social with EA.
David said statement forms were in trash can. Gave a recorded statement to police
<Defense>
DL told police that he and EA didn’t get along.
Spoke with detectives several times; knew they were being recorded.
DL can’t always tell when EA was joking or being serious
EA tried to make himself look cool? “yes”
(The witness did have a touch of attitude which set off this next question)
Defense “Do you have an agenda today or are you just here to answer questions?” “Just here to answer questions”
". http://www.websleuths.com/forums/sh...cused-of-kidnapping-2&p=12803461#post12803461
 
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