Victim: Alexis Murphy, 17, missing from Shipman, VA, 03 August 2013 - #4

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
I find it odd that people are questioning why it would take five months for another court appearance. They haven't even completed their investigation yet. That could take a month or more. And there could be more charges added. The prosecutor has to review all evidence before he/she can do much of anything. They are still collective evidence right now. Also, I'm sure Nelson County's prosecutors haven't tried a lot of abduction cases, and this case may include other charges soon. It's not Orlando, Florida. They don't have several individuals in the state attorney's office. So it will take them some time to build their case. Plus, there likely is forensic analysis that must take place, and it takes time to conduct all of the necessary testing.

This jack *advertiser censored* is going nowhere. If his lawyer truly thought the state didn't have enough evidence, he wouldn't have waived his right to a speedy trial. They'd likely want him to face the charges ASAP. But they know they have a lot of legwork to do in defending him. They also need time to build their defense case.

Many waive their right to a speedy trial, that isn't the problem. Nelson county doesn't get to be the only county in the nation that won't even give a person arrested a hearing for 5 months. Find me other cases where this is normal. I have never heard of such a thing. Yes it can take up to 2 years for trial but they still go through the regular proceduares pre trial.

There is only one reason for this, and that is they don't have the evidence.
imo
 
The guy that RAT is describing does in fact exist. As a matter of fact, I have seen him twice in the past 2 days. He has been at my children's school the past two mornings. Of course I did not notice anything about him (demeanor, looks) because I had no idea he was a person of interest.
 
Do we know whether the five months was requested by the defense or the prosecution? Do we know whether anything that the defense attorney has said is factual?
 
Well clearly he knows they have evidence or are going to find evidence of her being in his trailer. So now he has to come up with a story to explain that.

My questions, they said they have some of her hair. Would it actually be her hair? When you buy hair for a weaves, it isn't your hair. It might actually be synthetic or from another person. Or multiple people dyed and mixed together right? I guess it could get pupped out at the root if the weave? Clearly I am showing my ignorance of what it actually means to weave your hair. Can somebody explain this?

Typically it is clipped into or sewn into your real hair. Everyone with weaves still has real hair, it's just not long or thick, that's what they achieve by getting a weave.

Side note: Maybe Alexis knew or sensed something bad was about to go down? Everyone who has watched CSI, Law & Order etc knows that DNA comes from the root of hair. Maybe she pulled a hair out and left it there for evidence. It wouldn't be that odd. It happened several years ago when a Sheriff's daughter was kidnapped. She purposely pulled pieces of her hair out by the root so they could get the Ba$t&^%. Of course, her knowledge probably came from her father being LE.
 
The guy that RAT is describing does in fact exist. As a matter of fact, I have seen him twice in the past 2 days. He has been at my children's school the past two mornings. Of course I did not notice anything about him (demeanor, looks) because I had no idea he was a person of interest.

Well this is going to be interesting now you are confirming he exists as well. RAT's whole story is based on this guy agreeing with him on what happened.
 
Do we know whether the five months was requested by the defense or the prosecution? Do we know whether anything that the defense attorney has said is factual?

Prosecution. I don't believe he is lying about the hair. The rest of the story is RAT's but as per our poster here, the 2nd guy does exist.

Would RAT put that story out if he believed the guy would say it never happened?

All imo
 
you guys, imhoo that defense attorney is trying to force the fbi's and the prosecutor's hand and find out what they have.


He does not know what evidence they have against RAT. He only knows what RAT was told.

If he wants pre-preliminary hearing discovery he has to file a motion requesting said discover and it could also be denied.

Also: according to what I am reading up on this (see link that follows) is that at a preliminary hearing they only put on the bare bones.. they do not tip their hand to the defense. The main goal is to bind the charge over for trial/grand jury indictment (re: is there enough evidence to send the charge to the grand jury for a GJ indictment)

Trust me, this lawyer knows nothing of what they have in this case: only what RAT has told him

http://www.sostrinlawoffices.com/20...ry-hearing-discovery-what-are-we-entitled-to/


It is my opinion that he put this story out to the media to see if the fbi will come out with another statement to rebut his hideous tale. Personally I hope they don't take the bait.

:twocents:
 
Oh my gosh I am so far behind...still trying to catch up at the beginning of thread #3. Can somebody please summarize the latest for me since they arrested RAT?
 
The guy that RAT is describing does in fact exist. As a matter of fact, I have seen him twice in the past 2 days. He has been at my children's school the past two mornings. Of course I did not notice anything about him (demeanor, looks) because I had no idea he was a person of interest.

so youve seen the car and everything? RAT hanging out at the gas station probably randomly picked someone that he remembered seeing. ugh I hope he wasnt smart enough to pull a beer bottle out of the trash like someone else said. He did hang at the car wash though and people throw away trash there....or at a gas pump.
 
It makes me angry because i was sure of his guilt before this stunt lol. Now I am looking at everything LE says and does with a jaundiced eye. And the more I look at it the more annoyed I am at them for planting reasonable doubt in my mind. AND for taking away his rights, pisses me off that i am feeling any empathy for the creep.

This EXACTLY sums up how I feel, with a little but of "and I'm going to be the person in the thread everyone hates for arguing the devil's advocate view".
 
Wonder if the "it" found is the cell phone? Clothes? What?

Most likely phone, but still...

I agree, I think it is the phone. And so, does the below quote mean they have evidence that she is no longer alive? (possibly from his camper/truck or her car)

He noted, however, crews have shifted from a missing person search to a criminal investigation.
 
you guys, imhoo that defense attorney is trying to force the fbi's and the prosecutor's hand and find out what they have.


He does not know what evidence they have against RAT. He only knows what RAT was told.

If he wants pre-preliminary hearing discovery he has to file a motion requesting said discover and it could also be denied.

Also: according to what I am reading up on this (see link that follows) is that at a preliminary hearing they only put on the bare bones.. they do not tip their hand to the defense. The main goal is to bind the charge over for trial/grand jury indictment (re: is there enough evidence to send the charge to the grand jury for a GJ indictment)

Trust me, this lawyer knows nothing of what they have in this case: only what RAT has told him

http://www.sostrinlawoffices.com/20...ry-hearing-discovery-what-are-we-entitled-to/


It is my opinion that he put this story out to the media to see if the fbi will come out with another statement to rebut his hideous tale. Personally I hope they don't take the bait.

:twocents:

Apparently with this 5 months stuff they dont get a pre preliminary hearing before then. The only thing he can do is file for a bond hearing. All others are to take place 5 months from now. That is a huge problem with civil rights issues.

I don't think he is lying. And if RAT was told there was a hair, i believe there was a hair, nthey had to have something.
 
(very long resource. Here is the section on felonies)

A felony prosecution can begin either by an arrest warrant or by the Circuit Court issuing an indictment. If you were arrested for a felony by a police officer, you will have a bond set by the magistrate (unless the crime is so serious, or your record is so bad, that you are denied any bond). You will have a first appearance, often the very next day. At that first appearance, you will be advised of your right to have a lawyer. If you cannot afford a lawyer, one will be appointed for you. If you have a lawyer appointed, and your family decides that they want to hire a lawyer, you always have the right to bring in your own lawyer. At that first appearance, the judge will set the case for a preliminary hearing, usually a few weeks or months away. A preliminary hearing is NOT a trial — it is a hearing where the only question is whether there is SOME evidence to support a charge. Generally the judge will not consider defense evidence; the question is whether, if the government’s evidence is believed, there is “probable cause” that the defendant committed the offense charged. “Probable cause” is a much lower standard than the “beyond a reasonable doubt” standard used in a criminal trial. Although cases often get negotiated down at this point, in the great majority of cases in which a preliminary hearing is held, the case is certified to the grand jury, which means that it is sent on the Circuit Court — the only court that can hold a full trial in a felony case.

<snip>

The grand jury of the Circuit Court meets every month or two (it depends on the schedule in that court). The grand jury meets on “term day,” which is the first day of the month-long or two-month-long term of court. At that time, the case is presented to the grand jury — a group of 5 to 8 citizens chosen by the Clerk and the Judge. In such a case, the police officer or lead investigator will typically just tell the grand jury what the Commonwealth’s evidence is. The grand jury will almost never hear from actual witnesses, and typically will not hear any of the defense side of things.

<snip>

In many of the courts in which we regularly practice, the next date will be an arraignment. An arraignment is just a 5 to 10 minute hearing where the judge finds out whether you intend to plead guilty or not guilty and whether you want a jury or a judge trial; then the judge will set the trial date. In some of the courts in which we regularly practice, the date set at term day will be the actual trial date.

<snip>
If you were found guilty at your trial, you will usually have a pre-sentence report prepared, and you will have a sentencing hearing two or three months after the trial.

http://www.snookandhaughey.com/prac...-quick-primer-on-virginia-criminal-procedure/
 
Apparently with this 5 months stuff they dont get a pre preliminary hearing before then. The only thing he can do is file for a bond hearing. All others are to take place 5 months from now. That is a huge problem with civil rights issues.

I don't think he is lying. And if RAT was told there was a hair, i believe there was a hair, nthey had to have something.

The five months fits with VA procedure/law. See the link I just posted.

They may have told him about the hair but they are not going to tell him or his defense team what all they have. They don't need to :twocents:
 
IMO RAT's story is a BS cover attempt. Sure some guy matching the description could have been at his trailer at one time but it doesn't mean it was that night. I think it's just a matter of days or hours before we will see more charges on RAT.

I apologize, I haven't been able to keep up. Are there any verified insiders on this thread? Thanks!
 
Status
Not open for further replies.

Members online

Online statistics

Members online
172
Guests online
242
Total visitors
414

Forum statistics

Threads
608,953
Messages
18,248,034
Members
234,513
Latest member
morrie1
Back
Top