Why hasn't there been an arrest?

[cityslick]

In my opinion, no one has been charged because LE doesn't know which parent did the deed and which one is covering up. Charges have to be specific. They have to say that one of them did it and the other is an accessory.

They can't be sure who did it-so no charges.

I would think in their mind, it's still about DB. Based on their statement:

As the only adult in the home at the time of the baby’s disappearance, police continue to have questions to which only she can provide answers.

This tells me they still believe DB was the last one to see BL. Not JI.

 

[RANCH]

In my opinion, no one has been charged because LE doesn't know which parent did the deed and which one is covering up. Charges have to be specific. They have to say that one of them did it and the other is an accessory.

They can't be sure who did it-so no charges.

I call that insufficient evidence. I've also seen it called the cross finger pointing defense which some members in the JonBenet Ramsey forum propose. That term appears to be an internet invention and not an actual legal defense. JMO.

 

[tlcya]

With the er, obvious leaning of Capt Young to feel DI is a person of interest and the very obvious public sentiment that DI is involved in the disappearance of her daughter, the fact that there has been no arrest tells me that LE and/or the DA do not feel they have sufficient evidence to prosecute.

That pretty much sums up the question posed in the title of this thread.

It is obvious that local LE has a suspect in DI, whether they steadfastly refuse to name her publicly as one or not. The fact that there has been no arrest means simply they don't have enough or any evidence they feel will make a case stick against her.

That leaves me still here, perched on the fence. If they haven't enough evidence to charge her, let alone convict then I do not either.

 

[kkdj]

With the er, obvious leaning of Capt Young to feel DI is a person of interest and the very obvious public sentiment that DI is involved in the disappearance of her daughter, the fact that there has been no arrest tells me that LE and/or the DA do not feel they have sufficient evidence to prosecute.

That pretty much sums up the question posed in the title of this thread.

It is obvious that local LE has a suspect in DI, whether they steadfastly refuse to name her publicly as one or not. The fact that there has been no arrest means simply they don't have enough or any evidence they feel will make a case stick against her.

That leaves me still here, perched on the fence. If they haven't enough evidence to charge her, let alone convict then I do not either.

I completely agree. Even though media reports, public opinion and what little LE has let us know, the suspicion is towards DB and somewhat JI. Without sufficient evidence they will not press charges.

 

[hambirg]

I think they have evidence of the crime. And if JI's alibi really checked out, they would have arrested DB. BUT I don't think his alibi did check out. Now what? They know what crime occurred, but don't have the evidence to show who the perpetrator is. You can't arrest them both, because without the evidence as to who it was, they can just point fingers at each other. It's scapegoating. . .and it's a defense that's as old as time. Wasn't me. . .:dunno:


MOO

 

[RANCH]

I think they have evidence of the crime. And if JI's alibi really checked out, they would have arrested DB. BUT I don't think his alibi did check out. Now what? They know what crime occurred, but don't have the evidence to show who the perpetrator is. You can't arrest them both, because without the evidence as to who it was, they can just point fingers at each other. It's scapegoating. . .and it's a defense that's as old as time. Wasn't me. . .:dunno:


MOO

Of course there's evidence of a crime. A 10 month old child is gone from her home. She didn't take off on her own, someone took her and that's a crime.
We can speculate about how much or how little evidence LE has showing what happened and who is responsible. We just don't know.

So this idea that LE has all sorts of evidence showing what happened but they don't know who the perpetrator is, may be possible or it may just be wishful thinking. JMO.

 

[RANCH]

I think they have evidence of the crime. And if JI's alibi really checked out, they would have arrested DB. BUT I don't think his alibi did check out. Now what? They know what crime occurred, but don't have the evidence to show who the perpetrator is. You can't arrest them both, because without the evidence as to who it was, they can just point fingers at each other. It's scapegoating. . .and it's a defense that's as old as time. Wasn't me. . .:dunno:


MOO

A friend refreshed my memory about crimes involving an accomplice.

accomplice n. someone who assists in the commission of a crime and, unlike a mere accessory, is usually present or directly aids in the crime (like holding a gun on the bank guard while the vault is looted, or holding a victim of assault and battery). Also unlike an accessory who can claim being only a subordinate figure, the accomplice may share in the same charge and punishment as the principal criminal

If an accomplice can be charged with the same crime as the principal, why couldn't both DB and JI be arrested for whatever crime that you believe they are guilty of?

http://legal-dictionary.thefreedictionary.com/accomplice

 

[hambirg]

A friend refreshed my memory about crimes involving an accomplice.

If an accomplice can be charged with the same crime as the principal, why couldn't both DB and JI be arrested for whatever crime that you believe they are guilty of?

http://legal-dictionary.thefreedictionary.com/accomplice

Because you still have to explain who is the perp and who is the accomplice. You can't leave it up to the jury to decide. It leaves too much reasonable doubt.

And I do think they have evidence of the crime, as in Lisa died in that house. They have the dog hit, Lisa'a glow worm that she slept with. . .wonder what was on that? They have an outfit that sounds like the one she was wearing (I sure would like to know where they found it. Was it hidden?). They have a tape dispenser. . .that's a very weird piece of evidence. I wonder what in the world made them want to take that??? :waitasec: We have eyewitness posts here on WB of a dog hitting in the backyard during the search. Hmmm. We also have LE reports of upturned earth.

I'm pretty sure LE has enough pieces of the puzzle to know what happened. What they are missing is who did what. And since JI didn't check out there is some reasonable doubt as to who.

MOO!!!!!!!!!

 

[RANCH]

Because you still have to explain who is the perp and who is the accomplice. You can't leave it up to the jury to decide. It leaves too much reasonable doubt.

And I do think they have evidence of the crime, as in Lisa died in that house. They have the dog hit, Lisa'a glow worm that she slept with. . .wonder what was on that? They have an outfit that sounds like the one she was wearing (I sure would like to know where they found it. Was it hidden?). They have a tape dispenser. . .that's a very weird piece of evidence. I wonder what in the world made them want to take that??? :waitasec: We have eyewitness posts here on WB of a dog hitting in the backyard during the search. Hmmm. We also have LE reports of upturned earth.

I'm pretty sure LE has enough pieces of the puzzle to know what happened. What they are missing is who did what. And since JI didn't check out there is some reasonable doubt as to who.

MOO!!!!!!!!!

I'm still trying to figure out how LE would have all sorts of evidence showing what happened but not who did it.

As for evidence, we do have the "FBI dog" hit. That's enough for probable cause to get a search warrant. The glow worm and tape dispenser as evidence? I wonder if those were some of the pieces of "forensic evidence" mentioned in the KCPD press release?

They and Crime Lab analysts also have re-evaluated several pieces of forensic evidence.

If they tried a re-evaluation it suggests that the first time around they came up empty. Grasping at straws perhaps?

LE found a similar outfit to the one that Lisa was last seen in. Why is that evidence?

We have eye-witness accounts here on WS? of a dog "hitting" in the backyard? Even if someone here did post that, how in the world would they know what the proper alert sign would be? How would we know if they actually saw anything? So that's not evidence.

Upturned dirt? If you said that while investigating some upturned dirt LE found something of value, then that would be evidence. So not much there.

Sorry, but I just don't see much in the way of evidence that supports the idea that Lisa died in the house. JMO.

http://media.kshb.com/pdf/LisaIrwinStatement.pdf

 

[hambirg]

I'm still trying to figure out how LE would have all sorts of evidence showing what happened but not who did it.

As for evidence, we do have the "FBI dog" hit. That's enough for probable cause to get a search warrant. The glow worm and tape dispenser as evidence? I wonder if those were some of the pieces of "forensic evidence" mentioned in the KCPD press release?

If they tried a re-evaluation it suggests that the first time around they came up empty. Grasping at straws perhaps?

LE found a similar outfit to the one that Lisa was last seen in. Why is that evidence?

We have eye-witness accounts here on WS? of a dog "hitting" in the backyard? Even if someone here did post that, how in the world would they know what the proper alert sign would be? How would we know if they actually saw anything? So that's not evidence.

Upturned dirt? If you said that while investigating some upturned dirt LE found something of value, then that would be evidence. So not much there.

Sorry, but I just don't see much in the way of evidence that supports the idea that Lisa died in the house. JMO.

http://media.kshb.com/pdf/LisaIrwinStatement.pdf

BBM

Say, if LE knows a bank is robbed and they find the money, the getaway car, a mask and the gun that was used in the robbery in a motel room of two criminals. LE might have a TON of evidence to the crime, but none showing who the actual robber was. It's really not difficult to understand. Can you explain why you don't get that?

Regardless, that's all fine and dandy. You are just some dude on the internet. I don't imagine that LE is going to share with us what they have. Believe whatever it is that you want. I'm just trying to use logic to surmise what it is that they know. I know darn well that when everything does come to light, we learn that LE is about a million miles ahead of what we were thinking. It's a puzzle that LE isn't willing to share the pieces to. You are free to keep an open mind until it is all presented in a court of law, and I am free to use logic to figure out what they might have before that happens.

ETA- If I see your dog in my yard, squatting and straining, but I look away for a second, and when I look back, I see the dog getting up from that squatting position with a steaming heap of dog poop under him, you are free to argue till you are blue in the face that it wasn't your dog that crapped in my yard. I am free to make a reasonable assumption that it was.

 

[DeAnn]

The simple answer and the only answer is Dan White wouldn't file a charge.

The cops could and I believe would have made an arrest but knew 24 hours later no charge would have been filed.

There's a huge difference between "arrest" and "charge."

The better question is why has there been no charges filed.

 

[hambirg]

The simple answer and the only answer is Dan White wouldn't file a charge.

The cops could and I believe would have made an arrest but knew 24 hours later no charge would have been filed.

There's a huge difference between "arrest" and "charge."

The better question is why has there been no charges filed.

I'm sorry. I don't want to seem like an idiot, but it has been awhile. Who is Dan White? Is that the prosecutor?

 

[redheadedgal]

yes-- clay county prosecutor

 

[hambirg]

yes-- clay county prosecutor

Thank you!

 

[cityslick]

The simple answer and the only answer is Dan White wouldn't file a charge.

The cops could and I believe would have made an arrest but knew 24 hours later no charge would have been filed.

There's a huge difference between "arrest" and "charge."

The better question is why has there been no charges filed.

The same reason why a whole lot of other people are never arrested after their child goes missing. There isn't enough evidence to tie any one individual to a crime, whether that be DB/JI/unknown third party.

In the Ayla Reynolds case, actual blood was found in the home and yet to this day no arrest has been made. Because they can't tie it to anyone specific, despite the fact that 3 adults were in the home. JBR is another example and in both those examples, I'd say there was more (that we know) evidence than in this case.

 

[RANCH]

BBM

Say, if LE knows a bank is robbed and they find the money, the getaway car, a mask and the gun that was used in the robbery in a motel room of two criminals. LE might have a TON of evidence to the crime, but none showing who the actual robber was. It's really not difficult to understand. Can you explain why you don't get that?

Regardless, that's all fine and dandy. You are just some dude on the internet. I don't imagine that LE is going to share with us what they have. Believe whatever it is that you want. I'm just trying to use logic to surmise what it is that they know. I know darn well that when everything does come to light, we learn that LE is about a million miles ahead of what we were thinking. It's a puzzle that LE isn't willing to share the pieces to. You are free to keep an open mind until it is all presented in a court of law, and I am free to use logic to figure out what they might have before that happens.

ETA- If I see your dog in my yard, squatting and straining, but I look away for a second, and when I look back, I see the dog getting up from that squatting position with a steaming heap of dog poop under him, you are free to argue till you are blue in the face that it wasn't your dog that crapped in my yard. I am free to make a reasonable assumption that it was.

BBM
I don't see anyone with a mask on in this case. I think that LE knows who was where that night. So your analogy doesn't work for me. And I can't believe that a pair of bank robbers are going to get away with their crime simply because they wore a mask but later were caught with all that incriminating evidence. I think we would see a lot more bank robbery's if were that simple to get away with it.

I agree that LE isn't going to share what evidence they have with us during an ongoing investigation so that leaves us with having to speculate. All I'm doing is looking at these speculations that people make and see if they make sense to me. Sometimes is does, sometimes it doesn't. So how about we stop discussing why I disagree with some members speculations and just discuss this case. JMO.

 

[RANCH]

The simple answer and the only answer is Dan White wouldn't file a charge.

The cops could and I believe would have made an arrest but knew 24 hours later no charge would have been filed.

There's a huge difference between "arrest" and "charge."

The better question is why has there been no charges filed.

BBM

My guess is that there has been no charges filed because there is a lack of evidence to show that a conviction is possible.

 

[kkdj]

BBM

My guess is that there has been no charges filed because there is a lack of evidence to show that a conviction is possible.

This is obvious.
As much as people want to point fingers, the evidence needs to support to convict. If one goes to trial and there is an acquittal, they can never be brought to trial again on the same charges. It would be double jeopardy. Can't happen.
Let's be patient my friends, sleuth, see what comes to obviousness.

 

[kkdj]

Why has there been no activity on this sleuth lately?

 

[kkdj]

Oops! I should have asked why hasn't there been activity on this forum lately.

There is a case on another forum of a missing child and her mother is absolutely beside herself! I feel so sorry for her. The reason I am mentioning this is because DB reaction to her child missing was not even close to this other mothers desperation! It really stands out to me.