TX - Moriah Wilson, 25, Cyclist Fatally Shot Before Race, Austin, 2022 *arrest* #8

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Megnut said:
I thought she'd already asked for jury sentencing.

Can she change her mind post-verdict?
Click to expand...
I think a defendant can change their mind up until the verdict is delivered. After the verdict, they move on to the sentencing phase so it's not "immediate" as we know it.

The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses.

The big difference is that almost any information about the defendant can be considered in the punishment phase. The state may prove up the defendant’s prior criminal record, put on witnesses to testify about the defendant’s character, or try to prove that the defendant committed other bad acts.

Basically, the state can ask the judge or jury to consider much more information about the defendant—information that would not be allowed into evidence during the guilt-innocence phase.

 
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@JessicaTaylorTX

Prosecution brings us Tobin’s previous testimony about his investigation into FBI practice of analyzing lead bullets. Pros. asked if Tobin was there when agents would go to court and testify on that subject. Tobin says he was.


4:16 PM · Nov 15, 2023


Tobin says he did not express his concerns about the FBI practice until after he retired.


4:17 PM · Nov 15, 2023
 
arielilane said:
It can happen in this case, but I've seen it vary from court to court. It depends on judge's decision - whether you have victim's family who are from out of town (or whatever) and its more feasible to do impact stmts same day, judge's calendar availability, etc.
moo
Click to expand...
It looks like since she has opted for the jury to assess her punishment victim impact statements will not be heard. Only when the Judge sentences or when there's a plea agreement. Maybe after the jury comes back with the sentence, the Judge will allow statements to be entered into the record orally but I don't know for sure and I can't tell from the following document.
https://www.tdcj.texas.gov/documents/Victim_Impact_Statement_Packet_English.pdf
 
arielilane said:
@JessicaTaylorTX

Prosecution speaking w/ Tobin. Prosecution asks if Tobin looked at any of the evidence recovered in this case. He answers no. Tobin is not a member of the American Academy of Forensic Sciences. Tobin says no. Tobin confirms he’s getting paid by the defense. Retainer = $5,000


3:59 PM · Nov 15, 2023
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$5000 ....

Good thing he got paid upfront. Somebody has a history of running out on her debts....

$5000...

Still cheaper than plastic surgery.

But about as effective.

JMO
 
“I see we’re conflating two issues but I’ll go ahead and let you proceed,” said Tobin. Prosecution is still reading his article.


4:20 PM · Nov 15, 2023


@JessicaTaylorTX

Prosecution is reading back part of the article Tobin is credited with. Some of the verbiage includes ‘unique’ and ‘uniqueness’ to describe characteristics. Tobin previously testified specifically about the AFTE’s use of ‘unique.’


4:20 PM · Nov 15, 2023
 
@alcaprari23

Tobin acknowledges that firearm and tool mark examination courses are offered at universities across the country, including his alma mater, George Washington University. He calls any class that offers a "forensic" approach a revenue-driver and has no basis in scientific reasoning.


4:36 PM · Nov 15, 2023
 
Here's all the evidence that has been presented against Armstrong that I've compiled into a nice little list (with dates!) to stave off the boredom:

ANTI-MO BEHAVIOR
- she called Wilson to essentially “stake her claim” over Strickland; she told Mo that she still lived with Strickland and they were in business together [10/28/2021]
- the “I know you know better” text she sent to Strickland about the possibility of him showing up at The Meteor Cafe with Wilson [10/28/2021]
- the “send my love to Mo” text she sent to Strickland after he posted a race finish on Instagram and Wilson could be seen in the background of the video [3/12/2022]

ISSUING THREATS
- she told Nicole Mertz if Strickland started dating someone she’d kill her [11/2021]
- she told Jacqueline Chasteen she wanted to kill Wilson and mentioned buying a gun [1/2022]

FIREARM TRAINING
- she sought out a “gun safety lesson” from her sister’s neighbor and they practiced target shooting at The Range using her neighbor’s account [1/13/2022]

STALKING
- she viewed photos of Wilson on her phone [5/2/2022]
- she viewed Wilson’s Strava profile [5/9/2022]
- she viewed Wilson’s Strava profile 4 times [5/10/2022 at 4:12 pm, 5:40 pm, 5:41 pm, and 9:55 pm]
- she viewed Wilson’s Strava profile and the starting/ending points of her bike route [5/11/2022]
- her Jeep arrived in the vicinity of Cash’s apartment at 7:35 pm and didn’t leave until 9:17 pm [5/11/2022]

EVADING
- her phone was powered off at 7:30 before she arrived in the area of Maple Avenue and was powered back on when she arrived home that night

JEEP SEEN AT THE SCENE OF THE CRIME
- footage from Martha Palao’s (4) Ring cameras captured her Jeep in the area of 18th Street
- footage from Michael Donlin’s doorbell camera captured her Jeep in the area of Maple Avenue, as well as the audio of Wilson’s screams and three gunshots
- footage from Andrew Vuong’s closed circuit camera captured her Jeep in the area of 18th Street and Chestnut Street
- GPS navigation data from her Jeep shows she left home at 7:20 pm and arrived in the area of Cash’s apartment before 7:52, traveled up and down and circled around the area until 8:37 pm, when the Jeep became stationary; it then left the area at 9:17 pm (two minutes after the screams and gunfire are heard on camera), and stopped at a dumpster before arriving home at 9:48 pm

BALLISTICS EVIDENCE
- shell casings found at the scene match those fired from Armstrong’s 9mm Sig Sauer

DNA EVIDENCE
- swabs from the handlebars of Wilson’s bicycle indicate Armstrong was one of three DNA contributors with a likelihood of “strong support”
- swabs from Mo's bicycle seat had a DNA mixture of three contributors and Armstrong is considered a contributor with “very strong support” (there is no higher likelihood)
- swabs from the gun components matched three individuals with Armstrong and Strickland as possible contributors; Armstrong’s DNA likelihood is 3.87 septillion times greater than the probability that the DNA profile came from unknown, unrelated individuals

POTENTIAL SIGNS OF DESTROYED EVIDENCE
- the Jeep stopped at an apartment complex dumpster before arriving home [5/11/2022]
- a note was deleted from the Notes app on her iPhone that contained an address that Google Maps indicates is the address of Cash's apartment [5/12/2022]
- she sold her Jeep [5/13/2022]
- she reset her phone to the factory settings upon being detained in Costa Rica [6/29/2022]

FLEEING &/OR HIDING
- her Instagram account was deleted [5/13/2022]
- she flew to New York [5/14/2022]
- her phone number was disconnected [5/15/2022]
- she flew to Costa Rica [5/18/2022]
- she purchased a VPN and Skype account [5/25/2022]
- her phone searched “can imei be tracked if not making calls” [5/28/2022]
- she attempted to escape from jail [10/11/2023]

PRESUMED A FALSE IDENTITY
- she created a new email address under the name Kai [5/13/2022]
- she used sister’s passport to book her flight to Costa Rica [5/18/2022]
- she had a brow lift and rhinoplasty procedure using the name Allison Paige [6/23/2022]
- her phone searched “can pineapples burn your fingerprints” [6/23/2022]
 
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