GUILTY Canada - Jessica Newman, 24, Calgary, 10 March 2015 #2

[otto]

I don't recall knowing that she had been stabbed 75+ times, I believe COD was one of the things LE did not disclose at the time. It's pretty difficult to imagine that this could have been done by someone without a large emotional investment. Could that be why they are saying '2nd degree'? If it had been planned - who would plan to stab someone 75+ times?
added: From that, it seems like someone 'snapped', to me. One of those things where it's totally unexpected, not the usual nature of the person, but something arouses the person to suddenly lash out without control. In a case like that, the regular nature of a person doesn't really matter (really anyone can snap, given the right circumstances/timing/company), and the common sense considerations are out the window, if it was based on a sudden, emotional, primal instinct of some kind - whether rage, or protection, or whatever. So it may not make sense that someone would be that stupid to murder the ex on the night before a custody hearing, or to ditch the purse (presumably with cellphone) along with the body, or to have it be known that he was the one to pick her up - all of that doesn't have a play in it, if he's just suddenly consumed with a primal instinct to do away with the imminent problem. JMO, as being my guess as to why 'second degree' vs first degree murder charges.

Spousal homicide tends to be brutal. Jason Young, of NC, beat his pregnant wife to death so viciously that her teeth were knocked out and sent across the room. Some of his wife's teeth were found after the scene had been released. It was premeditated murder. Jason Young left for a business trip, checked into a hotel, then drove several hours back home in the middle of the night to beat his wife to death, and then drove several hours back to the hotel. He killed his wife with extreme violence.

What I'm trying to say is that premeditated can be extremely brutal in spousal homicide. In this case, I think the suspect was really, really angry that Jessica was trying to assert her rights because it meant that his life would have to change, and he didn't want to give up anything. That made him really angry - 75 stab wounds of angry. He may not have intended to stab her 75 times, but once he got started he just kept going - serious overkill.

Second degree charge is because the prosecutor has decided that this was a crime of passion. It seems the prosecutor believes that the suspect pulled her dress down during a moment of "intimacy", then he flipped, and stabbed her 75 times instead. Conveniently, he had a handy knife in his pocket. I think the prosecutor's theory of the crime is ridiculous, and that he needs more experience with spousal homicide cases.

 

[otto]

I wonder if KR admitted before or after JRN's body was discovered, that he had driven out to Balzac? It just says 'days later', that he changed his story significantly. If 'before', I would hope that LE went out that way to search for her body? Obviously if that happened, they didn't find it. Would sure be nice to have at least one MSM reporting more of the court testimony, exhibits, etc. in this trial!

My impression is that he admitted going to Balzac on the night she disappeared shortly after the murder, and well before her body was found. Police probably did have a casual look for the body around Balzac, but there are so many miles of backroads that it's still a needle in a haystack. I wonder if police asked the suspect what route he took.

Jessica certainly deserves better reporting, and more eyes on this trial. The suspect is going to get no more than ten years, and then he'll get a discount for time served. I doubt he'll spend more than another six years in prison. The next woman who makes him really angry will experience the same ugly fate, but he'll be much sneakier next time.

 

[otto]

"In an analysis done by digital forensic examination expert Const. Ian Whiffen, jurors learned the couple seemed to be getting along fine just hours before Jessica Newman was last heard from.

"On March 9, 2015, Newman and Rubletz exchanged a series of notes on their phones.

"“Are we still doing coffee?” Newman asked Rubletz, shortly before 8 a.m. that day.

"After not getting a reply for nearly 40 minutes, Newman sent a further text.

"“Okay I’m going to assume that’s a no then . . .” she wrote.

"But an hour later, Rubletz responded.

"“Morning beautiful,” he began.

"“Sorry I didnt (sic) text left my phone at Georges (sic) haha I love you babe,” he said.

"Early in the afternoon, Rubletz texted Newman to say he’d be dropping off their son that day for her regular visitation with the boy.

"“Sounds good love you to (sic),” Newman replied.

"Further exchanges indicate the three-year-old was dropped off and later picked up in an amicable text exchange.

"“Like his toe nails? He did them himself LOL,” she told Rubletz, in the last text uploaded to her iCloud account.
....
"Under cross-examination, Whiffen agreed with defence counsel Joshua Sutherland he found nothing to suggest any evidence of violence by the accused toward Newman in the 3,668 texts between the two.
....
"“The last text message sent was March 10, at 8:40 p.m.,” Dyer said."

http://calgarysun.com/news/local-ne...d-loving-texts-with-woman-he-allegedly-killed

Scott Peterson was full of "I love you babe" before and after [cell phone messages] he murdered her and dumped her in the ocean. My observations of spousal homicide is that men who are planning to murder a partner bend over backwards to be overly loving and accommodating prior to the murder.

I can see the suspect being a little [or a lot] put off at seeing his son with his toe nails "done". I think he would let that go, not say anything, regardless of how he felt if he had already decided to murder her.

Did he, a heavy equipment operator, normally let it go when he discovered his young son wearing nail polish? Two generations ago, men would typically not be okay with learning that a wife liked to doll-up her son. Maybe this generation is okay with it ... are they? I'm genuinely curious, given the new gender fluidity. Are men today okay with their son being dolled-up with nail polish while he's at work?

 

[otto]

I wonder if it was verified that Kevin had left his phone at "Georges". So Kevin does leave and lose phones. I wonder if it was easy to unlock or read Jessica's messages.

“Sorry I didnt (sic) text left my phone at Georges (sic) haha I love you babe,” he said.

Blood letting evidence better be substantial.

http://calgaryherald.com/news/local...lled/wcm/28a9bfb7-997d-453f-a7b5-5cef2a273405

Hopefully the jury connect the dots from custody dispute to missing, to his trip to Balzac and her body in Balzac, and the bloody van towed to the scrapyard the day after her body is discovered by his mom. The fact that his mom - and I think a grandparent or two was also involved - were intercepted taking the van to the scrapyard is very significant. Apparently there's a botched clean up of Jessica's blood on the front seat.

Why was his family getting rid of that evidence the day after Jessica's body was found? It looks like they thought he was guilty, that the van was a crime scene, and that they were expecting a search warrant of the SW property where the van was parked within days.

 

[otto]

Quote from media posted a few comments upthread:

"Newman: your still giving me 50/50 even tho your still at your sisters right?
Rubletz: Yeppers
Newman: Ok just making sure "

I would like to know when he agreed to equal shared 50/50 custody, even if he still lived with his sister [what does that mean?]. We know that at the time she was murdered, she seemed to believe that he agreed to 50/50, but she almost seemed to need reassurance - as though this was something new. Had she always wanted 50/50 ?

I too would like to know what's in the text messages about shared custody, and to see what the affidavits say. A QB court appearance requires sworn affidavits submitted a day before the hearing.

Were they in Family Court, or Queen's Bench?

Did she at any time ask for full custody?

 

[otto]

Let's look at this story from another angle.

Mom and at least one grandparent are intercepted taking the van with a botched clean up of a murder to the scrapyard the day after Jessica is found lying in a ditch. She was there for three months, March to June, or was it May? Regardless, her rotting body had been there long enough as Winter turned to Spring. Bugs would have been crawling through every part of her body. Her flesh would have been rotting off her face. His family knew she was missing, and decided that the day she was found, that van needed to be removed from the SW property.

From the sounds of things, he lived with his sister, and the van was parked on his parent's property.

Who knew what when, who said nothing, who tried to cover up the murder, who knew about the murder in advance? What did his sister know? When did his parents know? When police stated that it was difficult to get information, were they specifically addressing his family?

Is his family all to some degree complicit?

 

[otto]

Given the degree of violence that the suspect inflicted on Jessica the day before she was to be granted equal time with their son, which meant less money for him, he murdered her. I think it is disgraceful that the prosecutor can interpret damaged clothing as indicative of a quickie in the front seat of a van. I don't believe a black lace dress can be pulled down to the waist without something letting go - like a zipper, as suggested upthread.

Let's look at the possibility that this was a quickie on her way home from work. They could have gone to his home or hers if they were as friendly as text messages suggest and they wanted something more nurturing, but this was a quickie on the front seat of the van after she got off work the night before her very important court date.

During this quickie, she unzips her dress or she lets him unzip her dress, in theory [assuming the lace dress has a zipper], and then argues with him even though he is agreeing to everything she wants. And she is unsure that he will follow through on equal time with their son ... we should believe that she chooses this time to argue with him, she incites him to violence, and in the heat of passion he loses control and stabs her to death. Prior to her inciting him to a heat of passion, he was completely calm, and everything was fine. Does he normally carry a knife? Has he ever lost a knife, or left it at George's house?

She wants nothing more than fifty percent of everything, and he has agreed to this. I don't think that she would enter into an argument with him under their circumstances, but if he changed his mind, then she most likely would have been upset. He would have incited the conflict. That is, if he changed his mind, she objected, he introduced a knife, then he killed her, then I think it must be premeditated. What would he expect if he suddenly changed his mind the night before the court date? If he changed his mind, she would be upset, why was her dress pulled down if he was telling her that he had changed his mind?

He just happens to have a knife, and without control, in the throws of intimacy and the heat of passion, he suddenly stabs her seventy five times in the chest. Then he realizes that the nearest dumpster is a bad idea, so he should drive her NE of the city and leave her in a ditch beside a farmer's field? For a spur of the moment "hide the body" epiphany, it sure was a good choice - took months to find the body. With the help of his family, he had covered his tracks - but police intercepted mom as she tried to dispose of the crime scene.

I think the prosecutor should have done the right thing for Violence Against Women and charged the suspect with first degree murder. I am having a really hard time looking past all the evidence of premeditation to understand why the prosecutor has taken the lazy way out ... unless he thinks a struggling single mom will go relatively unnoticed by the media as he more or less pleads it out to six years give or take a few weeks.

 

[otto]

Violence against women has escalated in Alberta since the drop in the price of oil/barrel. Blue and white collar employees found themselves on EI, no one was immune from the stresses of paying a mortgage. Fortunately the city did not slump into foreclosures, but all walks of life were effected. On the downside, violence against women soared.

Maybe this needs to be a top down solution with more funds put to the Governor General's account to hire more prosecutors. Money is routinely put into the police coffers for expansion and raises, but the prosecutor's office typically uses new money to increase income without a mandate to hire more junior prosecutors.

Today, there's such a shortage of prosecutors in Alberta that cases are being successfully argued as dismissed for "took too long to take it to court". That may be a reason why the prosecutor would treat such a violent custody related murder as "crime of passion". Crime of passion is a defence if the other person starts the fight. You can't start the fight and then claim "crime of passion" - if you start the fight, you better have a handle on your emotions. There is no possible reason that Jessica would initiate an argument [see gushy text messages] when she was getting exactly what she wanted. Therefore, he initiated the conflict.

 

[otto]

I wonder if there's a legal option for the jury to find the suspect guilty of a higher charge.
... as in charged with second degree munder, but the jury sees first degree murder?

I wonder if there is caselaw history in Alberta of convicting for a higher charge, jury options in sentencing, and .

 

[deugirtni]

I wonder if there's a legal option for the jury to find the suspect guilty of a higher charge.
... as in charged with second degree munder, but the jury sees first degree murder?

I wonder if there is caselaw history in Alberta of convicting for a higher charge, jury options in sentencing, and .

I have never heard of that, and I have never heard of it being offered up as a possibility on which the jury *could* convict, if it wasn't the charge in the first place. Remember when the judge, at the preliminary hearing of Douglas Garland, upped his charge to first degree murder in the case of Nathan, from second degree, and then DG subsequently got convicted of first degree. There may be all kinds of evidence being presented this past week that might indicate *why* the Crown chose to only charge KR with second degree, which we'll apparently not hear about, since the news there does not deem it a worthwhile case to report on. Sucks!

 

[deugirtni]

It isn't like the reporters even have to physically *attend* the trial, since they get records of what went on, they can still report on it... which leads me to believe that the news doesn't believe this case is newsworthy. Wonder why?

 

[deugirtni]

My impression is that he admitted going to Balzac on the night she disappeared shortly after the murder, and well before her body was found. Police probably did have a casual look for the body around Balzac, but there are so many miles of backroads that it's still a needle in a haystack. I wonder if police asked the suspect what route he took.

Jessica certainly deserves better reporting, and more eyes on this trial. The suspect is going to get no more than ten years, and then he'll get a discount for time served. I doubt he'll spend more than another six years in prison. The next woman who makes him really angry will experience the same ugly fate, but he'll be much sneakier next time.

Don't forget this quote from MSM:

"Days after the accused gave his first statement to police, he made a "significant addition to his story," said Parker. Rubletz told police he drove out to Balzac after dropping Newman at her home."

http://www.cbc.ca/news/canada/calgar...ideo-1.4393961

 

[deugirtni]

Quote from media posted a few comments upthread:

"Newman: your still giving me 50/50 even tho your still at your sisters right?
Rubletz: Yeppers
Newman: Ok just making sure "

I would like to know when he agreed to equal shared 50/50 custody, even if he still lived with his sister [what does that mean?]. We know that at the time she was murdered, she seemed to believe that he agreed to 50/50, but she almost seemed to need reassurance - as though this was something new. Had she always wanted 50/50 ?

I too would like to know what's in the text messages about shared custody, and to see what the affidavits say. A QB court appearance requires sworn affidavits submitted a day before the hearing.

Were they in Family Court, or Queen's Bench?

Did she at any time ask for full custody?

Sounds like KR and son were living with a sister at the time that text was written (March 4, 2015). It was reported after JRN 'disappeared', that he said he had the opportunity to get a job farther away and that he said he 'needed' her to have 50/50. Sounds like JRN was confirming that he was going to agree to it in court without a fight, even though still living with someone who could also potentially care for the boy while he was away working. At the time, it was also said (by KR) that they each had another partner, aside from each other.

It has always been my theory that he was just giving her lip service in saying that he was 'giving' her 50/50, when in reality he may have believed that it was not actually a viable possibility that the courts would allow it... and that he may not have known that she may have been working away at making whatever changes she needed to make so that she could indeed take on that responsibility in the eyes of the court. And that maybe that night, she told him that it was a reality (maybe through discussions she had had with her lawyer or whichever other professionals may have been involved with this case), and he lost it. jmo.

It would sure be nice to know about the court/custody situation.

 

[otto]

It seems that a couple of points have stood out for all of us:

- there is insufficient reporting on this trial in comparison to the murder of other Canadian women, such as Laura Babcock
- more information is sought about the custody dispute
- the custody dispute may have played a much larger role in the murder
- uncertainty as to why the highest charge is second degree murder
- what was the suspect's plan for childcare as he pursued is out-of-town career interests

 

[MistyWaters]

"He said an examination of Newman’s phone showed there was “romance, sex and love” between the accused and Newman in the months leading up to her death."
https://globalnews.ca/news/3842773/...sed-of-killing-calgary-mother-jessica-newman/

*****

I'm just not seeing the custody issue to be at the centre of this case. Even though KR had sole custody while JRN was getting her life in order, I think it was the child that bound them together in their "tortured love". KR is 33 now, in 2015 he'd have been 31. Living with his sister looking to get a better paying job out of town? Not generally the situation where sole custody is highly important to a single guy. JRN, 24 years old, wasn't ready to commit. KR was playing the role of good guy, offering her 50/50 hoping his trusting offer would be enough to impress the heck out her so their relationship would be bound together once again? Just my theory, but he seems the type. Problem was he just couldn't let go and the two definitely weren't successful in defining separate identity boundaries for the sake of their child.

KR's comment below is extremely revealing. What connection did flirting have with her disappearance? None. He didn't say she tended to be too trusting and might've met up with a dangerous stranger. No, he said she flirt. Probably one of the few truthful things he told the officers. That's a motive only to him, what set HIM off. JMO

"I figured she might have just gone out drinking," Rubletz told the officers. "She doesn't remember what she does, she flirts."
http://www.cbc.ca/news/canada/calga...letz-murder-trial-police-interviews-1.4402009

*****
If he's found guilty and is convicted of 2nd degree murder that would be justice. Other than the 75 stab wounds, Crimes of Passion all too often equate to Manslaughter. 75 stab wounds represents an incredible amount of rage. But I'm reminded of the Manslaughter conviction of Nicholas Rasberry who stabbed his neighbour 37 times. Juries do odd things sometimes.

 

[MistyWaters]

I hadn't realized there was an on-off again engagement happening. The prosecution really has no choice but to go where the evidence leads imo - a crime of passion.

"They called each other "sweetheart," "hunny," "love" and "babe." Those affectionate names are found throughout 3,668 text messages between Jessica Newman and Kevin Rubletz, which capture the intimate relationship between on-again, off-again couple who shared a child together......

......The messages span a one-year period from March 2014 to March 2015, during which time the couple is engaged, broken up and engaged again, all the while keeping what Whiffen characterized as a "loving tone" with each other.

Jurors also viewed a photo of Newman's hand wearing an engagement ring...."
http://www.cbc.ca/news/canada/calga...-rubletz-murder-trial-text-messages-1.4395962

 

[deugirtni]

It seems that a couple of points have stood out for all of us:

- there is insufficient reporting on this trial in comparison to the murder of other Canadian women, such as Laura Babcock
- more information is sought about the custody dispute
- the custody dispute may have played a much larger role in the murder
- uncertainty as to why the highest charge is second degree murder
- what was the suspect's plan for childcare as he pursued is out-of-town career interests

The reporting is bad for the Laura Babcock trial too.. only 1 dedicated reporter (who isn't the best), and a TV news reporter who is really good, but not always able to make it to the trial. But yes, this trial's coverage is ridiculous!

I'm thinking how volatile one's emotions could potentially be, when it comes to feeling protective of your children, or even the 'sharing' thing, holidays, etc., it can be really difficult if two parents don't have a good relationship, or if the two have different standards, etc. - in addition to the money thing, which could be substantial, couldn't it(?), depending on KR's earnings in relation to JRN's? I had understood both of them (accused and victim) had another relationship, so I'm not getting the part for how KR could have been so emotionally charged if something changed in regard to his relationship with JRN - unless he had set everything up to be amenable as far as custody, only to discover that JRN was dumping him and moving in with another man or something? (the RC fellow perhaps?) And then he realized he was screwed as far as what he had already agreed to, when it wasn't exactly the same circumstances that he had been anticipating?

 

[MistyWaters]

The reporting is bad for the Laura Babcock trial too.. only 1 dedicated reporter (who isn't the best), and a TV news reporter who is really good, but not always able to make it to the trial. But yes, this trial's coverage is ridiculous!

I'm thinking how volatile one's emotions could potentially be, when it comes to feeling protective of your children, or even the 'sharing' thing, holidays, etc., it can be really difficult if two parents don't have a good relationship, or if the two have different standards, etc. - in addition to the money thing, which could be substantial, couldn't it(?), depending on KR's earnings in relation to JRN's? I had understood both of them (accused and victim) had another relationship, so I'm not getting the part for how KR could have been so emotionally charged if something changed in regard to his relationship with JRN - unless he had set everything up to be amenable as far as custody, only to discover that JRN was dumping him and moving in with another man or something? (the RC fellow perhaps?) And then he realized he was screwed as far as what he had already agreed to, when it wasn't exactly the same circumstances that he had been anticipating?

I don't recall reading anywhere what arrangements JRN specifically intended or even why it was a certainty that JRN would've been granted 50/50 child custody in the hearing the following day, had it occurred. Only that KR agreed to it. To go from zero/informal to 50% is quite a sharp change. Even by mutual agreement of the parents, a judge wouldn't automatically agree to 50% custody because they are representing the best interests of the child. Add in social workers who might've been involved in the past and so forth, it's not so clear cut.

So other than KR using the "good guy" ploy with visions of it culminating in his mind into a little, happy family, I can't think of one good reason why he didn't intend to dispute a 50/50 child care arrangement - as it seemed he had stable family support in terms of childcare that JRN did not, also knowing it would cost him money.

That's why I think the only reason KR agreed was because in his mind the four year (just guessing knowing the child was 3)) romantic relationship between the two of them wasn't over. When JRN wouldn't back down, the family court hearing represented a legal conclusion to him, much the same as divorce court.

It's also never been stated by the media, that I can recall, was a formal arrangement really JRN's idea or was someone in the background moving her forward? The reason I wonder, I can't help get the impression she wasn't yet at the point of knowing what sort of relationship even she wanted from KR.

The following statement can be taken a couple of ways. Does it refer to "the night of her death"? Or does "time" refer to a broader context for example "she was living at 123 Street at the time of her death". I think it's the later and the reason the media is only sharing the basic details of the trial is out of respect of the victim and consideration of the future for the young child as well.

"Parker said the relationship between Rubletz and Newman was a tumultuous one, but while they had broken up and were seeing others, they were still intimate at the time of her death."
http://calgarysun.com/news/local-ne...wman-was-killed-in-crime-of-passion-jury-told

As Otto has also mentioned, Alberta's presently in a terrible situation involving overloaded courts, several longstanding judicial vacancies, not enough courtrooms and now as a result of a recent Supreme Court ruling, charges being dropped due to delays. Justice has taken a back seat, Therefore I'd bet the prosecution would've been eager to offer KR a manslaughter "crime of passion" plea and he'd have taken it. But that didn't occur only because of the 75 stab wounds, hard to justify to the public that it wasn't intended to cause death.

JMO

 

[deugirtni]

“He said he’s with the police and they had his phone . . . so (that’s why) he couldn’t come to work,” Lambert told a five-man, six-woman jury.

But jurors earlier heard police had asked for Rubletz’s cell and were told it had been lost.

Rubletz later that day went to Lambert’s home to return some materials he had stored in the back of his mother’s van, which the accused was using during that time period.

“He was returning the equipment because the van was going to the police and he didn’t want my equipment held up, or locked up for a long period of time,” the witness explained.

But under cross-examination by defence counsel Brendan Miller, Lambert agreed Rubletz said he was told by his lawyer that police would likely be seizing his van.

http://calgarysun.com/news/local-ne...ictim-was-feeding-false-information-to-police

Despite telling investigators he had lost his cellphone so was unable to hand it over for examination, Rubletz told Lambert he was unable to show up for his shift because he was with police who had taken his phone.

The same day, Rubletz showed up at Lambert's home around 7 p.m. to drop off tools, telling his boss that police would be seizing his van and he didn't want them to take the tools.

Under examination, Lambert agreed with defence counsel Brendan Miller that Rubletz had said his lawyer told him his van was probably going to be seized.

But police did not seize the van from Rubletz. Jurors have heard evidence that six weeks later, he day after Newman's body was discovered, investigators tracked the van to a pick-and-pull where it had been taken by the accused's mother, stepfather and grandmother.

Rubletz was the last person to see Jessica Newman on the night she disappeared. He told police he picked her up from work, took her for a coffee and then dropped her at her home around 9:30 p.m. before driving himself home.

In a subsequent interview, he told police he drove to Balzac and back to "clear his head."

Nicole Rubletz told police her brother arrived home at 11:24 p.m. the night Newman disappeared. But in a second statement a year later, she said her clock was ahead about 45 minutes.
...
The trial is winding down. Prosecutors Shane Parker and Tom Spark have four witnesses left.

Jurors will hear from the lead homicide detective and the medical examiner on Thursday.

It's not yet known if defence lawyers Brendan Miller and Joshua Sutherland will call any witnesses.

http://www.cbc.ca/news/canada/calgary/jessica-newman-murder-trial-kevin-rubletz-day-7-1.4404129

 

[deugirtni]

From link above, posted by MistyWaters:

Based on information that Rubletz was the last person to see Jessica Newman, missing persons investigator Sgt. Matt Baker had arranged to meet with him at his girlfriend's home in Woodbine on March 14, 2015.
....
In a second police interview two days later, jurors heard Rubletz's story had changed. He added a detail: the night she disappeared, he had driven to the same area where Newman's body would eventually be found two months later.
....
Two days after the accused gave his first statement to police, he made a "significant addition to his story," said Parker.

Baker asked what route Rubletz took after dropping Newman at her home the night she was last seen.

Rubletz "hesitated," said Baker. He then told the officer that after hugging Newman and kissing her on the cheek when dropping her off, he decided to go for a drive "to clear his head."

He said he drove out to Balzac. Baker then had the accused retrace the route he had taken that night.
....

Baker also said in cross-examination that police used an investigative technique on Rubletz called a "stim," where information is released to the suspect in an effort to prompt a reaction that may lead to evidence.

The investigator said he called Rubletz and suggested police may have found Newman's body. The suspect began to cry and "responded with shock and sadness," Baker confirmed to Miller.
....
Baker said the investigation still wasn't criminal when he asked Rubletz's permission to seize his cellphone with the intention of checking its GPS to confirm the route driven the night of Newman's disappearance. Rubletz said he needed it for a few days for work but eventually emailed the officer to say he'd lost his phone.

http://www.cbc.ca/news/canada/calga...letz-murder-trial-police-interviews-1.4402009