Victim: Alexis Murphy, 17, missing from Shipman, VA, 03 August 2013 - #7

[Just K]

It could depend on the type of hair/hairs found and even if he made an electronic record of any part of the time with AM.

 

[BeginnersLuck]

http://www.rgmorganlaw.com/sexcrimes.html

18.2-48. Abduction with intent to extort money or for immoral purpose.
Abduction (i) with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person, or (iii) of any child under sixteen years of age for the purpose of concubinage or prostitution, shall be a Class 2 felony. If the sentence imposed for a violation of (ii) or (iii) includes a term of confinement less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life subject to revocation by the court.

The essence of this offense is kidnapping someone and demonstrating an intent or actually having some type of sex with him or her, i.e. Abduction with Intent to Defile. “Abduction” and “kidnapping” are synonymous in Virginia. Abduction is defined by Virginia Code Section 18.2-47 as follows:

When one by force, intimidation, or deception, seizes

Takes, transports, detains, or secretes another with the

Intent to deprive that person of liberty or withhold or

Conceal him from proper custody.

This particular statute appends a specific mental state to the above definition, that of the abductor doing the abduction with the intent to defile (commit rape, carnal knowledge, sodomy, object sexual penetration) or to place a child under 16 into prostitution.

The act of the abduction isn’t necessarily actually transporting the victim, and it would seem that the abductor could simply “deprive that person [the victim] of liberty” in the exact same spot where they met. The abductor can even transport the purported victim to an isolated location without any apparent protest from the victim. The prosecution must then prove the abductor’s mental state, i.e. the abductor took the victim to the other place for the purpose of being able to commit his sex crime without fear of being caught.

A specific example of “abduction with the intent to defile”: The abductor observes somebody at a convenience store in the process of shoplifting. The abductor approaches the victim and pretends to be store security, then transports the victim to an isolated location and commits a rape.

Abuction with Intent to Defile is a Class 2 Felony, punishable 20 years to life in prison and/or a fines of up to $100,000. This punishment would be in addition to the jury’s recommended punishment for the underlying sex offense, i.e. rape, carnal knowledge, sodomy, object sexual penetration). This offense can pertain to victims who are either an adult or a juvenile

The most horrible thing about this statute is that it can tack 20 years of minimum-mandatory prison onto what may have been a relatively-low jury sentence for the sex offense. For example, I once had a jury for a rape in one jurisdiction which found my client guilty and gave him 5 years of prison time, the absolute minimum sentence. Then, the second jury in the jurisdiction from which the victim was abducted found him guilty of the abduction and had to give him the 20 years minimum mandatory.

 

[wendiesan]

Thanks so much for the explanation, BeginnersLuck.
I really appreciate the time you took to go into the nuances of the language and the consequences that are possible.
Do you think LE might be using this charge because they believe RAT was guilty of abducting Samantha Clarke?
From your last paragraph, it seems possible that the punishment might be considered appropriate in that case. Appropriate is not the right word. If they thought RAT was a serial offender, this sentence might be seen as keeping the community safer by keeping RAT out of circulation for a longer period of time. Though that might make it more about revenge than justice.
Could it be a charge to shake RAT's confidence and force him to be more forthcoming with information about his involvement?

 

[BeginnersLuck]

Thanks so much for the explanation, BeginnersLuck.
I really appreciate the time you took to go into the nuances of the language and the consequences that are possible.
Do you think LE might be using this charge because they believe RAT was guilty of abducting Samantha Clarke?
From your last paragraph, it seems possible that the punishment might be considered appropriate in that case. Appropriate is not the right word. If they thought RAT was a serial offender, this sentence might be seen as keeping the community safer by keeping RAT out of circulation for a longer period of time. Though that might make it more about revenge than justice.
Could it be a charge to shake RAT's confidence and force him to be more forthcoming with information about his involvement?

I can't take credit for the explanation of the statute. :blushing: It's the attorney's from the above link and he is a defense attorney, so please keep that in mind.

I will answer your questions with my unprofessional opinion though!!

I don't think that any of the charges against RAT are necessarily influenced by what they think or know he may have done to others besides Alexis per se. IMO, it is based on what crimes he committed against her and that he is a very dangerous person.

In other words, I think he would have the same charges, regardless of whether they felt he had any involvement in any other crimes. The goal is to keep him behind bars until his death.

 

[bettiepageturner]

Sorry to rehash an older thing but does anyone have a link to MSM confirmation of the found hair? I've read articles that said "according to LE" but they came out directly after that lawyer's statement.. or was it the other way around, in which case disregard my question entirely..

I ask because it's been hard for me to use that as a serious point of consideration, since it came from RAT's lawyer very early on, and in a very glib way. Like "it was probably just a hair or something" paired with an eye roll in defense of his client's innocence and at the expense of LE's competence. That would have been an irresponsible thing to say to the media, but it also seems like a strange thing to selectively present as the primary incriminating evidence. You'd think if there were anything found at all "no comment" would've been a better thing to go with. The pot dealer story came out after that, almost like damage control on that comment once it became clear there was much, much more than a hair found. Either way, here's hoping the defense shot itself in the foot with it, even if just with a BB gun. JMO

 

[Soulmagent]

I don't think that's what it means lol, but that did pop in my mind before I thought about the way the statute reads.

I think what it means is that there was a sexual motive, that ties in with the abduction and murder. I hope that I worded that so it's understandable.

They would be able to prove the sexual motive by his trip to the adult store, would they not?

MSN hair found in RAT house.http://www.upi.com/Top_News/US/2014/01/06/Virginia-48-year-old-indicted-for-murder-in-missing-teen-girl-case/UPI-71551389046444/

Murphy was last seen Aug. 3 at a gas station in Lovingston. Authorities say a strand of the Nelson County girl's hair was found in Taylor's home in Lovingston.

Read more: http://www.upi.com/Top_News/US/2014...n-girl-case/UPI-71551389046444/#ixzz2q2kbd3rA

 

[oldwindow]

Thanks so much for the explanation, BeginnersLuck.
I really appreciate the time you took to go into the nuances of the language and the consequences that are possible.
Do you think LE might be using this charge because they believe RAT was guilty of abducting Samantha Clarke?
From your last paragraph, it seems possible that the punishment might be considered appropriate in that case. Appropriate is not the right word. If they thought RAT was a serial offender, this sentence might be seen as keeping the community safer by keeping RAT out of circulation for a longer period of time. Though that might make it more about revenge than justice.
Could it be a charge to shake RAT's confidence and force him to be more forthcoming with information about his involvement?

As far Samantha Clark case that is still a on going investigation(Open case). They will have announce if they are combining the cases. Until then each case is treat as a single case.

So right now all charges are coming from this case.

As far as your last sentence you can't charge someone with murder just to shake them, you have to have a strong case in order for the commonwealth attorney to say "ok go ahead" enough evidence. a,b,c in order. They will have to drop a charge( atleast 1 charge) in order push/pursue the Cp murder charge.

Now I have seen cases with people improperly charged, At same time the defense has to prove the charge is false. I don't think Rat lawyer can do that( has the ability) I don't know what kind evidence he can use to cause doubt.

He has to be careful not be charged with perjury himself , because I see a few false quotes by him that can get him charged as well in this case. You cant just make up evidence and just use your client words H( hear say) , you actually have to bring those words to physical life( hard proof). I don't see how he can do that.

 

[oldwindow]

Sorry to rehash an older thing but does anyone have a link to MSM confirmation of the found hair? I've read articles that said "according to LE" but they came out directly after that lawyer's statement.. or was it the other way around, in which case disregard my question entirely..

I ask because it's been hard for me to use that as a serious point of consideration, since it came from RAT's lawyer very early on, and in a very glib way. Like "it was probably just a hair or something" paired with an eye roll in defense of his client's innocence and at the expense of LE's competence. That would have been an irresponsible thing to say to the media, but it also seems like a strange thing to selectively present as the primary incriminating evidence. You'd think if there were anything found at all "no comment" would've been a better thing to go with. The pot dealer story came out after that, almost like damage control on that comment once it became clear there was much, much more than a hair found. Either way, here's hoping the defense shot itself in the foot with it, even if just with a BB gun. JMO

I think he said "finding someone's hair in the home don't prove murder". That part is true. At same time he has no case evidence beyond words, that she ever left his home. where is the proof of that.? Therefore she was in his possession at all time and never found( left peacefully) beyond his possession. SO he cant prove she actually left ,neither can his lawyer. Some hard evidence that she actually left.

I think it more to its that's not being said. A lot people who do arson are mostly sexually aggressive, I think they found something not so nice.To me that where he loses this case. He lack evidence of his words being true( honest).

 

[21merc7]

I think he said "finding someone's hair in the home don't prove murder". That part is true. At same time he has no case evidence beyond words, that she ever left his home. where is the proof of that.? Therefore she was in his possession at all time and never found( left peacefully) beyond his possession. But he cant prove she actually left ,neither can his lawyer. Some hard evidence that she actually left.

I think it more to its that being said. A lot people who do arson are mostly sexually aggressive, I think they found something not so nice.To me that where he loses this case. They lack evidence of his word being true.

I understand what you are saying.

I believe there is more evidence than a hair and a phone on the sidelines of the property.

As I said in the beginning, when the defense attorney stops talking, he received the evidence and now knows how much is there. Not just a hair.

The defense attorney stopped talking rather quickly.

I wonder about more video footage around the area, what was in the camper after testing, what was in HER car after testing.

 

[cluciano63]

IMO, they charged him fairly quickly for her murder, considering she has not been found. This makes me think they have some sort of proof she is not alive, rather than just as assumption. JMO

 

[carbuff]

IMO, they charged him fairly quickly for her murder, considering she has not been found. This makes me think they have some sort of proof she is not alive, rather than just as assumption. JMO

Yeah, I agree about that.

 

[Dr. Know?]

O/T sort of.

Va. death row procedures unconstitutional, judge rules

ALEXANDRIA, Va. (AP) - A federal judge has ruled that Virginia cannot automatically hold prisoners convicted of capital murder on "death row," where the harsh conditions and solitary confinement amount to an unconstitutional denial of due process.

Read more: http://www.wjla.com/articles/2014/0...tutional-judge-rules-99137.html#ixzz2q75S4eFa
Follow us: @ABC7News on Twitter | WJLATV on Facebook

 

[Soulmagent]

O/T sort of.

Va. death row procedures unconstitutional, judge rules

ALEXANDRIA, Va. (AP) - A federal judge has ruled that Virginia cannot automatically hold prisoners convicted of capital murder on "death row," where the harsh conditions and solitary confinement amount to an unconstitutional denial of due process.

Read more: http://www.wjla.com/articles/2014/0...tutional-judge-rules-99137.html#ixzz2q75S4eFa
Follow us: @ABC7News on Twitter | WJLATV on Facebook

I mean if one follows the line of rational ,then could all prisoners say their due process is being violated because of lockdowns .. harsh conditions and over crowding via , square footage per person living space law.
I dunno , I am just asking..

 

[carbuff]

I mean if one follows the line of rational ,then could all prisoners say their due process is being violated because of lockdowns .. harsh conditions and over crowding via , square footage per person living space law.
I dunno , I am just asking..

somewhat OT:

Yes. Many prisons in the US are run at levels that do not meet the standards of minimum humane-ness defined by the Geneva Convention. The conditions for prisoners are appalling -- and don't even get me started on private for-profit prisons whose contracts with various states require the state to guarantee a minimum prison population, thus encouraging lockup. It's no wonder people come out filled with hate and violence.

 

[oldwindow]

O/T sort of.

Va. death row procedures unconstitutional, judge rules

ALEXANDRIA, Va. (AP) - A federal judge has ruled that Virginia cannot automatically hold prisoners convicted of capital murder on "death row," where the harsh conditions and solitary confinement amount to an unconstitutional denial of due process.

Read more: http://www.wjla.com/articles/2014/0...tutional-judge-rules-99137.html#ixzz2q75S4eFa
Follow us: @ABC7News on Twitter | WJLATV on Facebook

Prisoners have no right in jail, only human rights and those are limited, so I think Death row and all that is needed because you don't need to have hard core killer/criminals talking to others about things and who are going to get out in a few years or spreading great unknown criminal information among its peers.

I'm all for death row and Dp in certain cases.. I think if man want to act like animal then we the people have the right to put him down like a animal, cage like a animal.

If man cant obey the laws and be decent of one life and want to corrupt and kill and defile then. I think the public has the right to put him down or put him away. I don't see how putting him with other criminals is helping society, all you did was create a copy cat killer/ or more dangerous criminal on the tax dollar.

I'm for rehab of small time criminal offenders, a lot these guys allt hey need is decent job , some are ok people. Let say a car jacker or store thief they can be rehabbed, but someone who kidnaps and rapes/kills kids. There's no rehab program for that.

I don't trust in reform for child rapist or kidnapper and mass killers. The majority of those folks have what I like to call "A criminal fantasy mentality". They are not in the real world, they in fantasy world. Like me vs the world attitude, they don't care as-long, as they are alive to fulfill their needs for crime. These are the type, I think these lawyers of say on that matter need to say to themselves is Dp wrong?They should look in the mirror in morning about it . Because these type don't care, they will kill you and your family in heart beat after you got them off death row.

Being a lawyer not just about getting people off and making millions of dollars. Its a public service. I don't defend criminal or people who do crime. I defend the public because that's what I have go into after that court case win/lose. I think these lawyers should take heed in that. A animal is a animal.

 

[bredavis]

Does anyone else find it odd that he asked to speak to the media only AFTER he was to be charged with Murder? In the Samantha Clark case wasn't he quick to grant interviews and speak to the media? To me, in my humble opinion, that tells me that he's scrambling to put doubt out there because he didn't think they would be able to pin him with murder. Am I way off base here?

 

[katinva]

I dont think we know a timeline on when he spoke to media about SC but he had already been followed and investigated so that makes me think it was awhile. He was arrested right away for AM....I guess he could have asked from jail to talk to the media? I'm not sure how that works.

 

[Soulmagent]

Does anyone else find it odd that he asked to speak to the media only AFTER he was to be charged with Murder? In the Samantha Clark case wasn't he quick to grant interviews and speak to the media? To me, in my humble opinion, that tells me that he's scrambling to put doubt out there because he didn't think they would be able to pin him with murder. Am I way off base here?

The hook published the article where RAT talks about SC case on Oct 12 ,2012.
http://www.readthehook.com/108360/living-shadow-samantha-clarkes-family-mourns-suspect-claims-police-harassment

At the bottom the reporter notes she tried to contact him on Oct 2,but could not so that leaves me to believe this article was written before Oct 2 2012.

 

[Aeronomy]

Does anyone else find it odd that he asked to speak to the media only AFTER he was to be charged with Murder? In the Samantha Clark case wasn't he quick to grant interviews and speak to the media? To me, in my humble opinion, that tells me that he's scrambling to put doubt out there because he didn't think they would be able to pin him with murder. Am I way off base here?

I think that's a good question. I think there could be several reasons such as the one you mentioned as well as contaminating a potential jury pool. What I find odd is the sudden change. Generally the guilty offer no comments and keep quiet, but he's had quite some time to concoct a more defined story and is stupidly brazen enough to try and talk about it

 

[carterkatt]

I drove on Rt 29 today and stopped at the Liberty gas station. I saw a banner a few miles south of there saying "Pray for Alexis Murphy". There's also a banner at the Liberty/McDonalds. That's all I saw.

I had forgotten how wooded Rt 29 is on the sides, and there are many sections of 29 where the median is "woods" and has deep ravines. Made me feel overwhelmed with "where are you" thoughts. I think we could walk 29 over and over and it would be very easy to miss things in the brush/woods.