GUILTY TX - Christina Morris, 23, Plano, 30 Aug 2014 - Enrique Arochi kidnapping trial #6

[arkansasmimi]

Valerie Wigglesworth ‏@vlwigg 4h4 hours ago
Prosecutors Zeke Fortenberry and Lisa Milasky King are now seated with John Rolator at state's table #arochitrial

@vlwigg Who is John Rolator?

Valerie WigglesworthVerified account ‏@vlwigg 3h3 hours ago
@xxxx He is another prosecutor and chief of the DA's appellate division #arochitrial

 

[arkansasmimi]

[video=twitter;780796979760672768]https://twitter.com/vlwigg/status/780796979760672768[/video]

 

[arkansasmimi]

@vlwigg the sentencing will be live streamed, right?

Valerie WigglesworthVerified account ‏@vlwigg 54m54 minutes ago
.@xxxx Not sure yet. Request is pending #arochitrial

 

[arkansasmimi]

[video=twitter;780784404025139200]https://twitter.com/Fox4Natalie/status/780784404025139200[/video]

 

[arkansasmimi]

[video=twitter;780783597464596481]https://twitter.com/Fox4Natalie/status/780783597464596481[/video]

 

[arkansasmimi]

Valerie WigglesworthVerified account ‏@vlwigg 2h2 hours ago
.@xxxx 1/2 Judge Rusch explained that under the law, probation is not an option in aggravated kidnapping conviction. #arochitrial

Valerie WigglesworthVerified account ‏@vlwigg 2h2 hours ago
.@xxxxx 2/2 Agg kidnapping is a 3G offense. Probation not allowed under the law. Explainer here: http://tinyurl.com/hu2cccm #arochitrial

“3G OFFENSES” IN TEXAS

3G offenses are a special category of felony offenses, listed in Texas Code of Criminal Procedure in Article 42.12 Section 3g, that are considered to be the most serious or violent and to which additional sentencing consequences apply.

Texas Code of Criminal Procedure Article 42.12 Section 3g lists the following offenses:

Murder
Capital murder
Indecency with a child
Aggravated kidnapping
Aggravated sexual assault
Aggravated robbery
Drug cases where a child is used in the commission of the offense, or the offense took place within 1,000 feet of a school or on a school bus.
Sexual assault
Injury to a child, elderly individual, or disabled individual, if the offense is punishable as a felony of the first degree
Sexual performance by a child
Criminal solicitation cases that are punishable as a felony of the first degree
Compelling prostitution
Trafficking of persons
Burglary

PROBATION ELIGIBILITY IS LIMITED FOR 3G OFFENSES
The Code of Criminal Procedure lists a number of crimes where a judge cannot give probation. A person who is charged with a 3G offense generally cannot receive probation from a judge, with the exception of some cases where a jury may recommend probation. Deferred adjudication, however, may be given by a judge if the court finds it is warranted under the circumstances. A defendant may also receive probation from a jury after a guilty verdict in a jury trial.

PAROLE ELIGIBILITY IS DELAYED FOR 3G OFFENSES
If a person is convicted of a non-3G offense, they are eligible to be considered for release on parole when their actual time served plus good conduct equals one-fourth (¼) of the sentence imposed or 15 years, whichever is less.

By contrast, a person who is convicted of a 3G offense and sent to prison must serve at least half (½) of their sentence or 30 years, whichever is less. If the convicted person receives a sentence of less than 4 years, they must still serve a minimum of two years before they are eligible for release on parole. https://www.versustexas.com/3g/

*** just quoting my prev with this question to VW. :thinking: already has 2 years jail time. *** if got 40 years, if I reading this right, serve at least 20 to be eligible to go before the Parole Board *unsure if jail time is taken off, here they do give credit for jail time.

@vlwigg I realize you prob dn't know but if he gets 10 yrs, must serve half and credit for time served, he might serve 3 yrs.

Valerie WigglesworthVerified account ‏@vlwigg 9m9 minutes ago
.@XXXX I don't know. #arochitrial

 

[arkansasmimi]

Valerie WigglesworthVerified account ‏@vlwigg 3h3 hours ago
.@xxxxHe is a fair judge who makes decisions based on the facts in the case #arochitrial


Valerie WigglesworthVerified account ‏@vlwigg 3h3 hours ago
.@xxxx Christina Morris' family was here in court today. They aren't commenting to media #arochitrial


Valerie WigglesworthVerified account ‏@vlwigg 3h3 hours ago
.@xxxx Yes, there will be victim impact statements after the sentence is issued #arochitrial

 

[arkansasmimi]

Valerie Wigglesworth ‏@vlwigg 4h4 hours ago
Judge says Friday's hearing will start at 8:45 a.m. Court is recessed until then. #arochitrial

@vlwigg why put off till Friday? Are they working a plea deal?

Valerie WigglesworthVerified account ‏@vlwigg 3h3 hours ago
.@xxxx No explanation was given for scheduling the hearing for Friday #arochitrial

 

[arkansasmimi]

:thinking: a possible confusion was because HF conviction was federal maybe?

Valerie WigglesworthVerified account ‏@vlwigg 29m29 minutes ago
.@*advertiser censored* No, this is not a federal case. He will serve his time in a Texas facility #arochitrial

*********
@Huntsville or bust

@ whats Huntsville?

Valerie WigglesworthVerified account ‏@vlwigg 1h1 hour ago
.@XXXX It's home base for Texas Dept of Criminal Justice, which manages the state's prison system #arochitrial

Valerie WigglesworthVerified account ‏@vlwigg 1h1 hour ago
.@xxxx But they have prisons throughout the state, not just in Huntsville http://tinyurl.com/7ox7lrk #arochitrial http://www.tdcj.state.tx.us/unit_directory/index.html

 

[SteveS]

I am not sure how much and what the Judge will hear in the rest of the case. But I am also reminded by reading the statute that (d) is still in play.

For those wondering what mimi is talking about in the explanation-less mention of "(d)", para (d) in the AK code is about a reduced sentence if "he voluntarily released the victim in a safe place." Given the fact that she has clearly NOT ever been returned safe and sound to her family and friends, and that they have done everything possible to find her, the odds of some unknown safe return being REALLY in play and now revealed is fairly absurd, since she would have undoubtedly gone home if she was ever released.

In theory, he could still "voluntarily release the victim in a safe place" between now and Friday, but if we are thinking logically, how could that even be possible? Where and how has he kept her confined but alive for the last 21 months while he's been behind bars, and how is he going to release her from behind jail walls? Return of remains of a deceased kidnap victim are NOT what is being referenced in item (d). Yes in theory he could have had a partner in crime, holding her hostage for 21 months and doing who knows what to her, but frankly to me it's too far-fetched to even hope for.

 

[CuriousinNY]

I do not pretend to know Texas law. I thought the judge did an outstanding job in this case of keeping controls. He was very genuine about keeping the time commitments of the jury. He seemed sincere in his apologies for his illness and car trouble yesterday. So why delay until Friday? He could have simply given his verdict today or tomorrow, unless he wanted to review the case.

Also, why would the prosecution and defense get a chance to speak to the jury. The judge predicted a day and a half of testimony. Why don't this get this opportunity just because the sentencing has been switched to a judge?

And is this common? I would think in the beginning when he made his choice for jury punishment, he would have to stick with it. Could it have gone the other way? If he had selected judge, could he have switched to jury punishment?

 

[yupikgirl]

I will be surprised (but happy) if there is a plea. I think the putting off until Friday is so the judge can make his decision and since he's not feeling well he gave himself some time.

But I do really hope that's not the case and he tells where she is.


Sent from my iPhone using Tapatalk

 

[arkansasmimi]

Has HF been taken back to federal prison or is he still being held locally until released as witness (we don't know if he is subject to recall or not in this case)

From TCMom notes:
HF is currently a federal prisoner housed in Bastrop, TX serving a 33 month sentence of Conspiracy to distribute MDMA/ecstasy http://www.websleuths.com/forums/sh...cused-of-kidnapping-2&p=12803371#post12803371
EDIT to answer my own question:

HUNTER LEE FOSTER https://www.bop.gov/inmateloc/
Register Number: 48907-177
Age: 25
Race: White
Sex: Male
NOT IN BOP CUSTODY
Release Date: 04/28/2017


Offender Name: FOSTER, HUNTER LEE
Custody Status: In Custody
Age: 25
Location: COLLIN COUNTY Sheriff's Office
Race: White
Contact Facility: COLLIN COUNTY Sheriff's Office https://www.vinelink.com/#/searchResults



Back to Main Search

Jail Inmate List
Last First Middle Name DOB Age Sex Race Ht Wt Eyes Hair Booking Date Release Date SO Number
Foster, Hunter Lee 4/13/1991 25 Male White 71 165 Brown Brown 09/01/2016 221106 https://apps.collincountytx.gov/JudicialRecords/Inmate/SearchResult

 

[arkansasmimi]

**JMHO having seen a mistrial and hearing the Judge tell the Jury they may be approached by State or Defense or media and they had to right to choose to or not to speak to any of them. I personally would not. Especially in a high profile case. JMHO


Dan Haggerty ‏@HaggertyCBS11 13m13 minutes ago
Juror 1 said Arochi made the right choice by going w/ judge for sentencing, that most of jury would have wanted the 99 yr max. #arochitrial

Dan Haggerty ‏@HaggertyCBS11 15m15 minutes ago
Just sat down with Juror #1.
Said deliberations were heated, emotional and full of tears...but he's certain they got it right. #arochitrial

 

[arkansasmimi]

**JMHO having seen a mistrial and hearing the Judge tell the Jury they may be approached by State or Defense or media and they had to right to choose to or not to speak to any of them. I personally would not. Especially in a high profile case. JMHO *ETA I havent seen jurors in Aaron Lewis trial speak to media or that I recall nor another trial I followed.
JMHO I hope that this is only the reporters words as to thoughts to punishment. Jury isn't suppose to worry about the sentencing until given the case to deliberate the sentencing verdict. JMHO Defense will be listening to any interviews to see if possible jury misconduct. *another reason for jury not to talk to media.


Dan Haggerty ‏@HaggertyCBS11 13m13 minutes ago
Juror 1 said Arochi made the right choice by going w/ judge for sentencing, that most of jury would have wanted the 99 yr max. #arochitrial

Dan Haggerty ‏@HaggertyCBS11 15m15 minutes ago
Just sat down with Juror #1.
Said deliberations were heated, emotional and full of tears...but he's certain they got it right. #arochitrial

 

[SteveS]

"Juror 1 said Arochi made the right choice by going w/ judge for sentencing, that most of jury would have wanted the 99 yr max. #arochitrial"

Yep. Forgive me, but I have to pat myself on the back this time, as I predicted this very jury response 18 months ago when EA was indicted, based on the evidence in play and the details of the crime. This whole trial, including the fact that the state had a very compelling case against EA, that we'd see the defense attempt to distract and make HF the boogeyman, and the fact that she was IN HIS TRUNK and that was the nail in EA's coffin, have all played out according to script.

 

[Gigglingtoes]

Smart move by the defense, in this trial. The jury would have hanged him, or as close as they were allowed, imo.

What makes you think the judge won't be so harsh?

 

[Gigglingtoes]

Maybe he didn't want his dirty laundry aired in front of the jury... it probably would have been a guaranteed 99 years. He's rolling the dice letting the judge decide his fate.. still might get at least 50.. jmo

Good point zip...the sex stuff etc...stuff that wasn't on the news yet...

 

[Gigglingtoes]

Steve thanks so much for the last info regarding why maybe he asked for judge to borrow time POSSIBLY....appreciate your 2 cents...usually... :happydance: just kidding! you rock.

 

[arkansasmimi]

I do not pretend to know Texas law. I thought the judge did an outstanding job in this case of keeping controls. He was very genuine about keeping the time commitments of the jury. He seemed sincere in his apologies for his illness and car trouble yesterday. So why delay until Friday? He could have simply given his verdict today or tomorrow, unless he wanted to review the case.

Also, why would the prosecution and defense get a chance to speak to the jury. The judge predicted a day and a half of testimony. Why don't this get this opportunity just because the sentencing has been switched to a judge?

And is this common? I would think in the beginning when he made his choice for jury punishment, he would have to stick with it. Could it have gone the other way? If he had selected judge, could he have switched to jury punishment?

With choosing a jury first he had someone hearing the case with fresh unbiased eyes and ears. *Not saying the Judge is not unbiased, he is supposed to be by law. But he already knows the case which should help move phase 2 along faster*. So they took a chance with the jury. The State got a Guilty verdict but it was not a slam dunk and the jury had to work at getting that. The sentencing was going to be much more evidence and testimony that could not be presented in the phase 1. As I posted JMHO prior having the jury hear some of the evidence possibly presented could harm the December case he has to still go forth with. Judge already has seen that evidence. State will say something about it as to get it on the record. JMHO but not as much as possibly would have in front of a jury.

Reporter VW tweeted a reply that Judge did not give reason why Friday. But there is still a phase 2 of the case to present and he was not feeling well so could be another reason for waiting. It not like the Judge could just impose sentencing today without that part. JMHO I feel pretty sure that prior to getting on the bench this morning the Judge was well aware by State and Def that they were changing the choice of Judge instead of jury. We can only speculate as to why Friday.