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

[kaen]

Even if state wants to try them together, defense lawyers can still ask for separate trials.

I would think the strategy is simpler than money saving because it would be easy to argue the need for separate trials based on the charges to date. To have them in court on one day means that all the police, forensics, etc are assembled once rather than on two separate days. It means one court hearing for the victim's family, which may be a consideration as well. The prosecutor's office, defense attorneys and court clerk work together to set times. If dates are not preset by the court, usually involved parties work out agreeable times.

I also think this will be a good time for NK's attorneys to get a sense of what kind of deal they might be able to work out with the state.

 

[Inthedetails]

I'd like to know these dates - does anyone have them handy?

* Date of NK's appendectomy
* Dates when DE's mono prevented him from running (did it prevent him?)
* Date when DE and Nicole first met online

 

[BUF]

I'd like to know these dates - does anyone have them handy?

* Date of NK's appendectomy
* Dates when DE's mono prevented him from running (did it prevent him?)
* Date when DE and Nicole first met online

I don't remember seeing exact dates, nor could I find them. Maybe someone else does....but it does sound like all 3 may have been in the Oct-Nov time frame.

________
Sara and Tim Keepers both said they became aware of their daughter’s friend, David Eisenhauer in October or November when he “dropped everything to take her to the hospital” when she needed an appendectomy. “He did so at great speed,” Tim Keepers said.

http://wsls.com/2016/02/04/commonwe...omething-secret-and-special-in-lovell-murder/
________
....said a member of the Virginia Tech track team told him that Eisenhauer was running strong this year before coming down with mononucleosis. But Heydrick said Eisenhauer had bounced back from the illness and had begun training again.

https://www.washingtonpost.com/loca...8d4732-c8f6-11e5-ae11-57b6aeab993f_story.html
_________
Lovell had previously posted a screenshot of her Kik app to Instagram on Nov. 28. That image shows a conversation with a “David A” dating months before the teen’s death.

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

 

[Night-owl]

Regarding an earlier post where it was suggested maybe this was strictly a thrill kill. Like maybe they targeted her just to kill her: I really don't think so. There are some pictures of NL that are really beautiful (way prettier than NK imo) and although I'm not saying she looked 18, in a few of them you couldn't really tell she was only 13. I do believe DE originally met her online with the hope of meeting up as friends, for sex, whatever. He may have even found her pic online as early as the summer before his freshman year. A lot of freshmen go online before classes even start looking to make new friends in new area of country prior to moving there. Her social media accounts did say she was a student at UVA, which would make her at least 18.

I've seen a couple pix of NL where she could have pulled off 18+. Her online profiles? Not a chance. Face to face? Less chance than that even.

I've said before, young folks know online does not necessarily reflect actual facts. Meeting a fellow 18 year old? Coffee shop, restaurant, book store, on campus...all sensible places to meet. She has to hop out the window at night? That's no 18 year old. And I doubt I'll be convinced that they honestly thought she was.

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[jjenny]

I've seen a couple pix of NL where she could have pulled off 18+. Her online profiles? Not a chance. Face to face? Less chance than that even.

I've said before, young folks know online does not necessarily reflect actual facts. Meeting a fellow 18 year old? Coffee shop, restaurant, book store, on campus...all sensible places to meet. She has to hop out the window at night? That's no 18 year old. And I doubt I'll be convinced that they honestly thought she was.

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I agree. Even if she claimed to be 18, after meeting her in person, he should have figured out she wasn't.

 

[Night-owl]

Or he thought so highly of himself and his future prospects that he didn't want to embarrass himself and his family and risk losing it all by having people find out he was with a 13 year old. And he may have thought so highly of his intellect that he thought he could outsmart LE.

While writing this a thought just came to mind... What if DE thought so highly of himself that nothing could ever shake him down off his pedistool. perhaps at first he really did think Nicole was at least 18 (she did pose as a college student online) and once he found out her real age he snapped and panicked and started entertaining the idea of murder as his only way out, angry at himself for being so stupid and having been tricked and angry at her for tricking him. He may have even developed feelings for her over online communication or phone before meeting her in person, even more reason to be angry. Maybe he never even had sex with her, or maybe he did (who knows) but just the thought that he was duped by a kid may have enraged him enough to want her dead, especially if he actually developed feelings for her before meeting her in person. Then perhaps once he realized her age and tried to break it off she may have flipped out and started threatening suicide. This would have extremely embarrassed him if she started telling people she was in love and wanted to start a family with him. He might have thought, 'how could I be so stupid to fall for some 13 year old posing as a college student. No one will believe me. They'll think I'm actually a pedophil.'

I don't mean to sound harsh when I say this, but I think the exact reason he was doing things with NL was that she *would NOT* be believed. She was 13, with a drama-filled Facebook profile and a profiles where she is pretending to be 18. Short of having physical proof, she says something inappropriate happened, he says no, talked her up online, she said she was 18, met her, and dropped her like a hot potato, she's not 18. I don't think NL would have been believed.

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[BUF]

I wonder if they found DE's fingerprints on Nicole's window and that's when he changed his story when confronted with it and then lawyered up.


http://wvtf.org/post/nicole-lovell-case-update#stream/0

Tracks in the snow have been marked and a window on the first floor of an apartment is being tested for fingerprints.

 

[Greggy]

I don't mean to sound harsh when I say this, but I think the exact reason he was doing things with NL was that she *would NOT* be believed. She was 13, with a drama-filled Facebook profile and a profiles where she is pretending to be 18. Short of having physical proof, she says something inappropriate happened, he says no, talked her up online, she said she was 18, met her, and dropped her like a hot potato, she's not 18. I don't think NL would have been believed.

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I suggest that you are giving DE's thought processes too much credit. Your premise would require introspection and social shrewdness by DE. From my readings of media reports, he hasn't displayed those traits heretofore. His actions suggest an animal caught in a trap that feels the need to chew its way out to escape. A paw, a soul -both were deemed unnecessary.

 

[Cryptic]

I would think the strategy is simpler than money saving because it would be easy to argue the need for separate trials based on the charges to date. To have them in court on one day means that all the police, forensics, etc are assembled once rather than on two separate days. It means one court hearing for the victim's family, which may be a consideration as well. The prosecutor's office, defense attorneys and court clerk work together to set times. If dates are not preset by the court, usually involved parties work out agreeable times.

I also think this will be a good time for NK's attorneys to get a sense of what kind of deal they might be able to work out with the state.

I think the State will offer separate hearing dates to avoid giving ammunition to a later appeal. Consider the following line of thought from a defense attorney point of view:

- Both of the accused are blaming each other of being the actual murderer.
- When the State made my largely innocent client appear for a series of hearings with the real murderer, it gave future jurors the false impression that my client was guilty of murder as well.
- This inhibited my ability to defend him or her.
- So, we need a new trial.

My guess is that just to play super safe, the proscecutors will not contest any pre trial motions the defense attorneys make. Even if this means doing everything twice and having the victim's family go through everything twice. Then factor in that DE and NK, unlike a duo of say inner city gangsters or rural Ozarks meth dealers, have retained possibly high priced private attorneys who can devote more energy (motions etc) to the defense than over worked public defenders.

 

[WitchiePoo]

If you slow-mo his video, you can see David is texting someone at 00:20 and quickly puts that black phone away at 00:21. I just noticed that.

Cell tower capabilities will be a strong aspect in this case, as they are in many others.

 

[GutInstinct]

If you slow-mo his video, you can see David is texting someone at 00:20 and quickly puts that black phone away at 00:21. I just noticed that.

Cell tower capabilities will be a strong aspect in this case, as they are in many others.

Video???? Is there a link I missed? Thanks!

 

[Cricket99]

I am not aware of said video - can you link please?

 

[Bootsctr]

If you slow-mo his video, you can see David is texting someone at 00:20 and quickly puts that black phone away at 00:21. I just noticed that.

Cell tower capabilities will be a strong aspect in this case, as they are in many others.

:findinglink: A link.. [video=youtube;ytMTWrR3pZU]


[video=youtube;ytMTWrR3pZU]https://www.youtube.com/watch?v=ytMTWrR3pZU[/video][/video]

 

[bessie]

ADMIN NOTE: Charles Severance is OFF TOPIC in this thread. If you wish to discuss Severance, please do so in the appropriate thread.

http://www.websleuths.com/forums/showthread.php?t=302827

 

[dyannaON]

Nothing new to add but today I met someone that works at KIK. He said that their whole office was devastated by Nicole's death and they have had many meetings about the issues. Not sure what those meetings were about as he couldn't disclose. Just a FYI.


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[jbelle]

I think this is at least partially a thrill kill. Sure, when DE first brought it up to NK he may have said he had to silence Nicole, but I'm not convinced that is the real/entire motive. Might have just been the icebreaker in bringing it up to NK.

Some reasons that this is my opinion:

1. If I made the decision to murder someone to stop them from blabbing a secret, I would not give them over 3 extra weeks to spill the beans. DE didn't rush to murder her that night. It was planned for weeks.

2. It was obvious that Nicole saw other older men, it was all over her social media. There was also evidence of these older men dumping Nicole and treating her rudely, yet she never retaliated or sold them out.
None of them are in jail. It took us websleuthers 2 minutes to see DE was not the only older guy Nicole ever talked to, DE had to have seen that too.

3. Sex crimes aren't always easy to convict. Especially weeks after the fact. All DE had to do was stop seeing Nicole or communicating with her, then all he'd have to say is that he was just sexting with her, that it was just fantasy and never went beyond that, and that she had her age set at 18. I HATE victim blaming, but if I'm being realistic, it still unfortunately happens. Who would have been believed? Look at some of the comments regarding Nicole's social media presence. Her word up against Mr. Engineering track star? Nicole didn't even have his real name. The parents or LE would not have gone hunting through all her accounts tracking all these men down if Nicole was safe and sound. We've seen that in other cases where parents have tried to call LE on someone who was communicating with their child online. They sure didn't do much if the child was not harmed yet.


I guess to sum up, I think a normal person who isn't down with murder would have found much more reasonable solutions to this particular problem. Like deleting all the accounts they used to communicate with her, lay low, and cease all contact. Like I said, she didn't even have his real name and I doubt anyone would have hunted down all the men she was talking to if she was unharmed. He most likely knew that she had recently been caught and that her punishment was to just briefly lose her phone privileges. Not sure how he would have perceived Nicole as this big threat.

All that is just opinion and I could be absolutely wrong!



I always feel gutted for parents that lose their child. I can't imagine. But this case makes me feel even worse for this poor poor mother. Anyone on here with children, think of them just having the flu.
Makes me want to spoil mine rotten. I can't imagine how tough it would be to discipline a child who had gone through so much in such a short period of time. It would be hard to find the proper balance.
I hope she has tons of support.

 

[jbelle]

I don't mean to sound harsh when I say this, but I think the exact reason he was doing things with NL was that she *would NOT* be believed. She was 13, with a drama-filled Facebook profile and a profiles where she is pretending to be 18. Short of having physical proof, she says something inappropriate happened, he says no, talked her up online, she said she was 18, met her, and dropped her like a hot potato, she's not 18. I don't think NL would have been believed.

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I posted before I read yours. You said what was in my head far more succinct than I did. I completely agree.
No way would anyone believe Nicole over Mr. Track star Engineer. Nicole was no threat to this guy, and he knew it.

 

[Cryptic]

I guess to sum up, I think a normal person who isn't down with murder would have found much more reasonable solutions to this particular problem. Like deleting all the accounts they used to communicate with her, lay low, and cease all contact.

I think you have some very good points. Though I can see a very violently inclined 17 year old impulsively thinking:
- "She is going to ruin my life by making me a registred sex offender". The next thought, as you implied, would be:
-"I need to take drastic action tonight- or by this weekend at the very latest".

But as you mentioned, by far the most common response would be to lay low, hide the electronic trail as best as possible, then think of "spin stories" to tell if confronted by the police. DE neither laid low, nor acted with impulsive violence. This could well mean an even darker motive of thrill kill.

I HATE victim blaming, but if I'm being realistic, it still unfortunately happens. Who would have been believed? Look at some of the comments regarding Nicole's social media presence. Her word up against Mr. Engineering track star? Nicole didn't even have his real name. The parents or LE would not have gone hunting through all her accounts tracking all these men down if Nicole was safe and sound.

I think you are right in this as well. I could see the long term result would be given the torality of the circumstances being that Nicole's parents drop the case and proscecutors decide not to pursue it independently.

Or, if the proscecutor feels very strongly about the case, DE is offered a plea bargain to Child Endangerment or Contributing to the Deliquency of a Minor type charges which he accepts. This gets him a conviction as a warning, but would not make him a sex offender per se.

 

[Cryptic]

Nicole was no threat to this guy, and he knew it.

Though I think Night-Owl is right about DE having thrill kill motives, knowing something objectively can be far different from "knowing" something subjectively.

A very violently inclined and subjectively thinking individual could well "know" that his conviction as a sex offender is inevitable and that he "must" do something drastic.

Objectively knowing and considering such factors as the willingness of the parents and proscecutors to pursue the case, the possibility of good plea bargains being offered, the possibility of being able to talk / charm ones way out of it etc. may not be given alot of thought.

 

[Bootsctr]

Gosh! I guess I'm in the minority; I think Nicole would have been readily believed. Her father was aware and he attempted to punish Nicole by taking her phone away from her. Apparently she got her phone back when she went back to Mom. I'm sure she had other ways to contact DE too. I just watched Vanity Fair Confidential ID regarding Tara Tarbox.

Synopsis: "14 y/o Katie Tarbox, and undercover cop, Michele Deery, go on a mission to expose dark secrets about online predators. How far will they go find out if their online playmates are real or just playing a twisted game of seduction?"

http://www.investigationdiscovery.c...ox-reveals-how-she-was-groomed-by-a-predator/

Some of the episodes are free for a limited time. Right now it is "Death of a Warrier Poet" and Tupac Shakur's unsolved murder.

There are more shows that are covering online crimes. Web of Lies on ID is another. Killerpost on Oxygen.

http://www.oxygen.com/killerpost

You can watch most of the Killerpost episodes free here for a limited time:

http://www.oxygen.com/killerpost/videos

Nicole's father should have contacted this David A person (DE) and told him to stay away from his daughter. He should have told him she's 13 and you are committing a crime and I will file charges if you don't back off from any contact with my daughter. I guess my point is I believe the majority of people are very aware of online dangers. If they aren't, they are sticking their head in the sand. JMO!