Thanks for providing these links. So under the law, the legal term in TX is sexual assault, not rape, which coincides with the TX penal code. Personally, if they don't have a rape charge available I would feel horrible for all of those people in TX who are in fact raped and their offenders are charged with sexual assault. I would much rather my attacker be called a rapist than a sexual assault(its). But, that's me. I would not feel vindicated in any way having everyone lumped in the same category but that is me. It may be a word to some, but to victims it means a LOT more.
Exactly! I've mentioned the odd car damage a few times, with not much response & I think it is important. The problem I have with dumpsters is somebody could see him doing that, businesses close by, CCTV, cops patrolling alleys, decomp odor (EA wouldn't know when the dumpster would be emptied), a dark Camaro with dark tinted windows-near a dumpster (seems suspicious to me).. Maybe the forensics they did on the car will show something that is indigenous to a certain area..
Maybe deep-down, I just don't want it to be a dumpster, because I do want her found....
All of the above: JMO
I see you keep mentioning rape and saying it is the more common term. I pulled up the penal code you mentioned and could not find the word rape anywhere in the entire penal code. I could have missed it. Is it there? If not, where are you getting this? Not saying you are wrong, but I would like to see this. TIA.
But there needs to be an accuser?
In my opinion, there are two prosecutions here, one SA and one AK, and I don't think one will affect the other. Also, it doesn't matter in the eyes of Texas if she consented. Legally she was not able to consent so it doesn't affect the prosecution at all, there was a crime committed. For me, the SA charge doesn't change the evidence I deem EA guilty with in the AK charge. I'm not sure how prejudice works in trials, but will the SA charge (or conviction) even be brought up at all in the AK trial? I'm thinking this charge could only really affect the AK charge in the sentencing stage. Hope I'm making some sense. This is all JMO!!!!!!
I can't wait to see what occurs tomorrow. Nothing new happening here.
Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase? IDK. I wish we had a lawyer or someone knowledgable about the law here. QF where yo at?
I think he could get away with taking her to the landfill. A girl was just found in a box at a landfill here a couple of weeks a go. Thank god she was alive!
Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase? IDK. I wish we had a lawyer or someone knowledgable about the law here. QF where yo at?
Since the info found was via Instant Messenger, I'm sure LE have more evidence. Or let's hope they do. I didn't even know people IM'd anymore.
Is QF a verified lawyer? (not being snarky...just curious)...
Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase?
Is QF a verified lawyer? (not being snarky...just curious)...
The victim in the rape case would almost certainly NOT be asked to testify in the AK case. In general, what he did to her isn't considered legally relevant to the determination of what he did with CM, so there's no reason to testify about it.
However ...
If he has a CONVICTION for rape on his record, thereby being legally classified for life as a sex offender, that fact (not her testimony) perhaps could be used to show a likelihood or propensity. It's tricky.
I try to think of places that are not the norm. Especially if nothing has been found of the victim. I get a very strong gut feeling. I always try to go with my gut since it is rarely wrong. My next choice would be dismemberment and burnt.
Is it common to have fires over Labor Day weekend in Texas?
I mean, would a fire look out of place and draw unwanted attention?
Because we saw the fire pit with walls in an area the search team had been searching.
The idea of this happening keeps running through my mind.
So, where was EA after he got off of work on Saturday?
Was the Sprint store open on Sunday? If not, that gave him two days (Sunday and Monday) to do this.
I'm sure LE asked him this question to find out who he spent the holiday with and what he was doing. Wonder what he told them.
Is it common to have fires over Labor Day weekend in Texas?
I mean, would a fire look out of place and draw unwanted attention?
Because we saw the fire pit with walls in an area the search team had been searching.
The idea of this happening keeps running through my mind.
So, where was EA after he got off of work on Saturday?
Was the Sprint store open on Sunday? If not, that gave him two days (Sunday and Monday) to do this.
I'm sure LE asked him this question to find out who he spent the holiday with and what he was doing. Wonder what he told them.
If you are referring to burning CM's belongings, I guess it's possible. A small fire out in the middle of nowhere might not be noticed or seem unusual (portable grill, labor day cookout). As far as burning a human body, I doubt it. The cremation process (IIRC) takes about 3+ hours of intense heat..
As far as EA knew, he could have heard a knock on the door Saturday evening, wondering where CM was...