VA - Nicole Lovell, 13, Blacksburg, 27 January 2016 #6 *Arrests*

[Backwoods]

Interesting.....another warrant?

Also, co-defendant Natalie Keepers informed investigators that she used her Facebook account as a means of communication with Eisenhauer regarding the crime, according to another warrant obtained by The Roanoke Times. It was filed to acquire Keepers’ DNA.

http://www.roanoke.com/news/crime/b...134-76c2-5e48-8687-e9c4c8aaba14.html?mode=jqm

Good eye! So yep -- looks like at least two warrants.

 

[BUF]

I truly do not know this: when does FOIA go into effect? After a case is done and dealt with, I'm assuming? (Asking because idk if this could just have been a 'simple' FOIA request?)

This is in juvenile court now. Please see Boots post#198 a couple pages back.

 

[strawberry]

We not only have a date...but a time!

Both have their next court appearances scheduled for preliminary hearings at 1 p.m. on March 28.

http://www.roanoke.com/news/crime/b...134-76c2-5e48-8687-e9c4c8aaba14.html?mode=jqm

So will they be in the courtroom together!?



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[JanetElaine]

This is in juvenile court now. Please see Boots post#198 a couple pages back.

I saw that post and that is exactly why I am wondering how the newspaper got their hands on these warrants... Like Backwoods in post #235 said - what's the point in sealing anything if a simple FOIA request 'overrules' it? So.... leak??

 

[JanetElaine]

So when did he request an attorney?

http://www.roanoke.com/news/crime/b...134-76c2-5e48-8687-e9c4c8aaba14.html?mode=jqm

Eisenhauer was brought in for questioning just before midnight on Jan. 29, when he waived his right to an attorney, according to the warrant. He told investigators then that he had contacted Lovell through Kik and was at her house the night she went missing. He said he saw the teen climb out her bedroom window, gave her a hug and then left immediately afterward, according to the warrant.

He likely requested an attorney after he was arrested. When you get brought in for questioning you have the right to have an attorney with you, or you can waive that right, which is what it sounds like DE did. Then he talked and talked and got busted and arrested and that's when he likely would have wanted an attorney.

Same thing happened to the guy who hurt my kids. The police told me he was going to be called in for questioning, and that he had several options - come in with an attorney, come in by himself, come in not at all. He went in by himself, got questioned, and confessed, at which point he was arrested and requested an attorney.

 

[IDK]

well here is the video. that Virginia Tech alumni who somehow got into the HokieOpen has the proof. NK was good at 'keeping tabs':

[video=youtube;aMp_EFm92Xs]https://www.youtube.com/watch?v=aMp_EFm92Xs[/video]

Is anyone able to post a screen shot of the person who is possibly NK? I saw a vague figure but couldn't tell much. It would be very interesting!

 

[Backwoods]

...
[h=2]What are FOIA exemptions?[/h]Not all records can be released under the FOIA. Congress established certain categories of information that are not required to be released in response to a FOIA request because release would be harmful to a government or private interest. These categories are called "exemptions" from disclosures. Still, even if an exemption applies, agencies may use their discretion to release information when there is no foreseeable harm in doing so and disclosure is not otherwise prohibited by law. There are nine categories of exempt information and each is described below.

Exemption 1: Information that is classified to protect national security.
Exemption 2: Information related solely to the internal personnel rules and practices of an agency.
Exemption 3: Information that is prohibited from disclosure by another federal law.
Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.
Exemption 5: Privileged communications within or between agencies, including:

1. Deliberative Process Privilege
2. Attorney-Work Product Privilege
3. Attorney-Client Privilege

Exemption 6: Information that, if disclosed, would invade another individual's personal privacy.
Exemption 7: Information compiled for law enforcement purposes that:

• 7(A). Could reasonably be expected to interfere with enforcement proceedings
• 7(B). Would deprive a person of a right to a fair trial or an impartial adjudication
• 7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy
• 7(D). Could reasonably be expected to disclose the identity of a confidential source
• 7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
• 7(F). Could reasonably be expected to endanger the life or physical safety of any individual

Exemption 8: Information that concerns the supervision of financial institutions.
Exemption 9: Geological information on wells.

​

[h=2]What are exclusions?[/h] Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions.” The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed. The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within an exclusion are not subject to the requirements of the FOIA. So, when an office or agency responds to your request, its response will encompass those records that are subject to the FOIA. ...

http://www.foia.gov/faq.html

 

[BUF]

I saw that post and that is exactly why I am wondering how the newspaper got their hands on these warrants... Like Backwoods in post #235 said - what's the point in sealing anything if a simple FOIA request 'overrules' it? So.... leak??

Could be. Don't know. If it is, there is a purpose.

 

[Bootsctr]

The warrant also identifies the location where Lovell was stabbed to be the Craig Creek area of Montgomery County.

http://www.roanoke.com/news/crime/b...cle_961c5134-76c2-5e48-8687-e9c4c8aaba14.html

More premeditation if they chose that site because it was close to area to clean up, per BUF's previous links.

 

[Bootsctr]

Is anyone able to post a screen shot of the person who is possibly NK? I saw a vague figure but couldn't tell much. It would be very interesting!

Did that work? Far left, all in black, left hand slightly raised.

 

[strawberry]

View attachment 89820

Did that work? Far left, all in black, left hand slightly raised.

I watched the video; does she have a long skirt on?


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[BUF]

View attachment 89820

Did that work? Far left, all in black, left hand slightly raised.

Can you please crop it & re-post?

 

[IDK]

Did that work? Far left, all in black, left hand slightly raised.

Yes, that's much better! Thanks.

 

[Bootsctr]

Can you please crop it & re-post?

Yes, I'm working on that. I do think she is wearing a long black skirt, or flowy loose pant.

 

[strawberry]

Yes, I'm working on that. I do think she is wearing a long black skirt, or flowy loose pant.

Yes loose pants was my other thought


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[BUF]

Does it look like NK, or could it be another girl?

 

[JanetElaine]

Thanks for the screenshot. I blew it up as much as my screen allowed and I can't make anything of who it might be. Kind of comes out like a crossover between a Peep marshmallow and Munch's The Scream. :thinking:

 

[BUF]

Thanks for the screenshot. I blew it up as much as my screen allowed and I can't make anything of who it might be. Kind of comes out like a crossover between a Peep marshmallow and Munch's The Scream. :thinking:

Well that's a creative description! I agree though!

 

[wgram]

I watched the video; does she have a long skirt on?


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I watched it yes she has a long skirt on

 

[Considering]

This is kind of interesting. The roanoke.com article was posted online today at 1:26 pm. The same roanoke.com article was also posted on fredricksburg.com about 5 hours ago. They are exactly the same except for one sentence:

roanoke.com:

Several new details are contained in the warrant, filed on Feb. 1.

fredricksburg.com

Several new details are contained in the warrant, filed on Feb. 1. Other warrants in the investigation have been sealed.

I wonder if that sentence was added or removed. I lean towards added since the article was posted on fredricksburg.com last and there's no indication that the article was updated on roanoke.com. The sentence seems to imply that this particular warrant was not included in the warrants that have been sealed.