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

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JMHO Catch 22 for EA. (And I think this is prob one of the reasons for this charge. Knowing that door holds. Win Win for state on that JMHO ) Having the *advertiser censored* charges, kept Def from being able to talk about it. And Sexual Assault was one of the GJ Indictment paragraphs and theories of Det Busby.
Remember when Def asked Det Beznick if there was any proof of SA? OBJECTION
Thread 2 starting about page 38/39ish

L.P. Phillips ‏@lpphillips 2m2 minutes ago
Benzick: Believes there was a kidnapping. Says that's his opinion and an opinion could be wrong. #arochitrial

L.P. Phillips ‏@lpphillips 2m2 minutes ago
Benzick: Zero evidence a weapon was used. The question was asked whether a sexual assault occurred. State asks for a sidebar #arochitrial

Valerie WigglesworthVerified account ‏@vlwigg 1m1 minute ago
Right now the door on that info is slammed shut. Asking if zero evidence exists opens that door, judge says. #arochitria

Plano Star Courier ‏@planonewspaper 3m3 minutes ago
Judge warns defense that asking about proof of sex assault will "open the doors" to information they might not want to reveal #arochitrial

Natalie Solis ‏@Fox4Natalie 2m2 minutes ago McKinney, TX
Discussion started when defense asked Det to admit he had "zero" evidence Morris was sexually assaulted by Arochi. @FOX4 #arochitrial

Natalie Solis ‏@Fox4Natalie 2m2 minutes ago McKinney, TX
Judge zeroed in on "zero" telling defense that word opens door to more questioning re sex assault charge & *advertiser censored* @FOX4 #arochitrial
 
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]

Maybe Tricia will make a chat for this.
 
Also makes sense why Def was asking ea of the group EA demeanor and so forth. None of them were concerned or thought he acted odd.
For example this witness from TCMom notes:

Lashay Lanford
State: Lashay didn’t notice anything between EA and SB, Alex had told her EA and SB had been texting.
Defense: Didn’t notice EA making moves on SB or SB rebuffing EA.

(Benzick testimony)
Valerie WigglesworthVerified account ‏@vlwigg 44s45 seconds ago
Defense asks where Denton County line is, pointing out border within a few miles of Shops at Legacy to the west #arochitrial

Valerie WigglesworthVerified account ‏@vlwigg 33s33 seconds ago
One of the elements of the case that prosecutors must prove is that crime occurred in Collin County #arochitrial

******
Defense end of direct questioning of witness. Tomorrow, is their Cell expert..

Valerie WigglesworthVerified account ‏@vlwigg 5m5 minutes ago
Defense asks if cell tower data inaccurate, a lot of opinions in case affected, agree? Busby: if inaccurate, it changes things #arochitrial

Natalie Solis ‏@Fox4Natalie 6m6 minutes ago McKinney, TX
Busby on cross: doesn't know exact distance of tower range where Arochi phone pinged @FOX4 #arochitrial


Valerie WigglesworthVerified account ‏@vlwigg 4m4 minutes ago
Defense: If tower data interpretation wrong, vehicle could be 5 miles away, yes? Busby: It has to be within tower area #arochitria
 
State can have Rebuttal Witness iirc after the Def last witness. Any lawyers who can give clarification on that one?
 
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

That hold is about far more than checking to see what his status was, before he was arrested. I'm not going to parse the immigration statutes sentence by sentence, but I'll summarize their applicability here.
1 A conviction on any number of crimes is specified grounds to remove his resident status and deport him.
2 Any aggravated felony (which would include AK) is explicitly mentioned as one of those crimes.
3 A "two strikes and you're out" policy is also specified grounds to remove his resident status and deport him. I don't know details of the prior incarceration for theft he mentioned, but regardless of length of jail time, that would almost certainly qualify as one strike (with some possible exceptions). And if it does, that would mean a conviction on kidnapping (of any kind) would then be grounds to remove his resident status and deport him.
4 There is still a trial looming for rape of a minor, and if a conviction of any kind, that would be part of the "two strikes" equation too.

The "hold" itself is to keep him detained further, if he at some point otherwise qualifies for release from incarceration, to allow Immigration to decide what if anything they want to do with him, such as deport him.

I earlier noted some added provisions that could also apply and that pertain to certain crimes "for which a sentence of one year or longer may be imposed," but those would only be applicable if his admission under "permanent resident" status was granted within the last 10 years. I'm guessing he has been here longer than that, so I removed those from the list of what pertains to him.
 
"JMHO Catch 22 for EA. (And I think this is prob one of the reasons for this charge. Knowing that door holds. Win Win for state on that JMHO ) Having the *advertiser censored* charges, kept Def from being able to talk about it. And Sexual Assault was one of the GJ Indictment paragraphs and theories of Det Busby."

1 There aren't any "*advertiser censored* charges" re EA in any sort of legal sense. I trust that is simply poorly worded, but wanted to leave that clear.
2 I would wager the "intent to commit sexual assault" on CM was something that all of the detectives believed, and still hold to, based on the totality of what they have found.
3 Those detectives have really not been questioned on direct as to what they think in that SA area (because they wouldn't be allowed to explain why they think that), and the judge has warned the defense that if it tries to imply to the jury that the lack of talk by detectives re SA means lack of evidence, he'll let the state share with the jury all the evidence they found that tells about EA's deviant and alarming sexual habits and preferences, which was the basis for detectives thinking this was motivated by an intent to SA her.
4 So in the "intent for SA" area, each juror will decide based on what the the friends-and-family witnesses speak on it, and each juror will be left to draw their conclusions in that area from what they glean from them.
5 Most importantly, the judge ruled that even without the testimony he has precluded (so far), there is still enough evidence of intent of SA that, if you think it shows what the state thinks it shows, can indicate an intent of SA by EA. It will be left up to each juror to decide how to weigh it.

This is one of those situations where we know more than the jury, who is not allowed to hear the whole story. I hate it, but it is what it is. But I still think there is way more than enough to convict, as long as the state keeps the jury focused on the big picture rather than worrying about the details that that aren't clear but that really don't matter to the bottom line of whether EA abducted CM or not.
 
Can't believe it's nearly over... I feel a bit meh about it. He's guilty. I just hope they have proved it.
 
Closing Arguments Set In Christina Morris Kidnapping Trial
September 20, 2016 6:24 AM By Jennifer Lindgren

After nearly two weeks of testimony, a jury will soon decide if Enrique Arochi is the person who kidnapped Christina Morris from a Plano parking garage more than two years ago. Closing arguments in this high-profile trial are expected to begin on Tuesday morning.

[...]

But first, the defense will call its final witness (a cell phone expert) before resting their case. Arochi’s attorneys spent hours on Monday cross-examining detectives from the Plano Police Department, trying to show that not all investigators agreed about what happened to Morris on the night that she disappeared.

http://dfw.cbslocal.com/2016/09/20/...trial/?utm_source=TweetDal&utm_medium=twitter
 
Prosecution rests in Morris kidnapping trial
http://www.wfaa.com/news/crime/live-updates-christina-morris-kidnapping-trial/321633701
Tanya Eiserer, WFAA 7:10 PM. CDT September 19, 2016

"Arochi was an acquaintance and testimony showed that he sometimes bought drugs from Hunter Foster, Morris’ drug-dealer boyfriend. Arochi was partying with Morris and her friends in the hours before she disappeared."

he sometimes bought drugs from Hunter Foster
Is this report correct?
 
Unfortunately I do not feel confident that the State proved their case beyond a reasonable doubt. It will not surprise me if we end up with a hung jury.
 
This is an article can't remember if someone else here found or I did back when Beverly Carter went missing about cell tower pings reliability. I had for some reason bookmarked it. would be same year 2014 so would be relevant, technology wise. Will share as cell phone expert will be witness this morning.,

WHAT YOUR CELL PHONE CAN’T TELL THE POLICE
By Douglas Starr , JUNE 26, 2014

On May 28th, Lisa Marie Roberts, of Portland, Oregon, was released from prison after serving nine and a half years for a murder she didn’t commit. A key piece of overturned evidence was cell-phone records that allegedly put her at the scene.

Roberts pleaded guilty to manslaughter in 2004, after her court-appointed attorney persuaded her that she had no hope of acquittal. The state’s attorney had told him that phone records had put Roberts at the scene of the crime, and, to her lawyer, that was almost as damning as DNA. But he was wrong, as are many other attorneys, prosecutors, judges, and juries, who overestimate the precision of cell-phone location records. Rather than pinpoint a suspect’s whereabouts, cell-tower records can put someone within an area of several hundred square miles or, in a congested urban area, several square miles.

If I make a cell call from Kenmore Square, in my home town of Boston, you might think that I’m connecting to a cell site a few hundred feet away. But, if I’m standing near Fenway Park during a Red Sox game, with thousands of fans making calls and sending texts, that tower may have reached its capacity. Hypothetically, the system might send me to the next site, which might also be at capacity or down for maintenance, or to the next site, or the next. The switching center may look for all sorts of factors, most of which are proprietary to the company’s software. The only thing that you can say with confidence is that I have connected to a cell site somewhere within a radius of roughly twenty miles

Aaron Romano, a Connecticut lawyer who says that he has seen many cases involving cell records, has done a series of calculations to show how imprecise these locations can be. If you suppose that a cell tower has picked up a signal from ten miles away, you’re looking at a circle with a radius of ten miles, which has an area of three hundred and fourteen square miles. Cell-tower coverage is divided into sectors. Most towers have three directional antennae, each of which covers one third of the circle. Including that factor gives you a sector of 104.67 square miles. “That’s a huge area,” Romano said. “So how can anyone say, with any degree of certainty, that a handset was at the scene of the crime?”

Put another way, if I’m making a cell-phone call from my couch and someone commits a murder in a bar half a mile away, my cell records may serve as corroborating evidence that I took part in the crime. That might be true if I’d claimed to be in another state at the time, but those records cannot place me next to the body. What they don’t show is the precise location of a cell phone. Yet prosecutors often present those records as if they were DNA.

Lisa Marie Roberts’s original lawyer wasn’t one of them. There were reasons to suspect her: she had a tumultuous, sometimes violent relationship with the victim, Jerri Williams. Cell records showed that at 10:27 on the morning of the murder, Roberts’s phone connected to a tower within 3.4 miles of Kelley Point Park, where Williams’s body was discovered. Her attorney felt that was enough to convict her.
But she was making that call while driving a red pickup truck more than eight miles away, as confirmed by a witness. The system had simply routed her call through the tower near the park. It also emerged that new DNA evidence placed another suspect, a man, at the crime scene. And another piece of evidence helped: moments earlier, Roberts had received another call that came through a different site. The two towers were 1.3 miles apart. She could not have traveled that distance in the forty seconds between the calls. And so her cell records, in a sense, helped to save her.
More at link http://www.newyorker.com/news/news-desk/what-your-cell-phone-cant-tell-the-police
 
Prosecution rests in Morris kidnapping trial
http://www.wfaa.com/news/crime/live-updates-christina-morris-kidnapping-trial/321633701
Tanya Eiserer, WFAA 7:10 PM. CDT September 19, 2016

"Arochi was an acquaintance and testimony showed that he sometimes bought drugs from Hunter Foster, Morris’ drug-dealer boyfriend. Arochi was partying with Morris and her friends in the hours before she disappeared."

he sometimes bought drugs from Hunter Foster
Is this report correct?

I am confused on that. The texts about drugs at the time frame of walking to parking garage I understood that to be allegedly CM texting HF so he would possibly answer back. JMHO
 
Jennifer Lindgren ‏@JLindgrenCBS11 3h3 hours ago
Judge says he'll allow news cameras inside the courtroom today for closing arguments in #arochitrial. @CBSDFW

Jennifer Lindgren ‏@JLindgrenCBS11 49m49 minutes ago
I'll tweet live updates in court today. Will share link to streaming video as soon as I have it.@CBSDFW #arochitrial
---

Good morning all.
 
We get to watch Closing Statements :happydance:

OMG!!! Whoo Hooo !!! How exciting.. I may not get to watch until later as we just found out we have meetings today at work Ughh..don't they realize I am following this important trial and to schedule meetings AFTER it's over ... LOL
 
Valerie Wigglesworth ‏@vlwigg 4m4 minutes ago
I will post link to live feed as soon as I get it - don't have it yet. Or watch home page at http://www.dallasnews.com #arochitrial
 
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