MI MI - Julia Niswender, 23, EMU student, Ypsilanti, 10 Dec 2012 - #4

[black_squirrel]

Has anyone found an article that goes into the whys of the Judges decision?

http://www.freep.com/story/news/local/michigan/2015/09/11/james-turnquist-court-monroe/72064832/

The search warrant came into question in August, months after Ypsilanti police said they believed James Turnquist had "knowledge pertaining" to the bathtub drowning of 23-year-old Julia Niswender in her off-campus apartment. Turnquist's attorney, Paul Stablein, filed a motion last week to have it suppressed, arguing that it did not present probable cause to search his laptop. Monroe County Judge Daniel White disagreed and said there was a "substantial" amount of probability established.

"This is a 12-page document that when I read it as a whole in a commonsense manner, it provides a fair probability that contraband or evidence of a crime may be found," White said.

[Judge] White, citing various allegations within the affidavit, said that was enough probable cause to move forward with the trial.

"There was no forced entry," White said. "The fact that the decedent was to appear for work with the defendant the next morning at 10, the oversharing of the defendant in the police investigation of his loss prevention training experience with the Monroe Sheriff's Office, the fact that he got tired of quote, 'dragging dead bodies out of the water,' the fact he was bothered that the decedent was dating someone of a different race, according to this report. ... Based on all of that, I find there was a substantial fair probability and accordingly the motion to suppress is denied."

 

[georgiasblu]

Thanks so much for posting the Free Press article, Black Squirrel.

 

[Spellbound]

Thanks, Squirrel!

 

[georgiasblu]

So we were not the only people concerned anout the 10:00 am work appointment. JT appears to be a odd duck from some of his comments.

 

[psyquestor]

Points of interest from the Judges statement above:
There was no forced entry (suggesting Julia knew her killer)
The fact that the decedent was to appear for work with the defendant the next morning at 10 (and he didn't report her missing).
the oversharing of the defendant in the police investigation of his loss prevention training experience with the Monroe Sheriff's Office
the fact that he got tired of quote, 'dragging dead bodies out of the water (she was found in the water)
the fact he was bothered that the decedent was dating someone of a different race

So much for the claim that there was "nothing" tying JT to the investigation, other than his relationship with Julia and (paraphrasing) an overzealous police force. This being just the basic information gathered for a probable cause warrant; not the entirety of what was discovered since.
(parenthetical comments all mine).

Twelve pages seems to suggest there is much more to boot.

JMOO

 

[MerBeach]

I really want to know what the person of interest has to say about the 10 am work appointment. Perhaps this is why no formal statement has been given. Didn't the defense lawyer say something about how he doesn't want to allow the police to trip his client up...or something to that effect?


Sent from my iPad using Tapatalk

 

[dmc43613]

I really want to know what the person of interest has to say about the 10 am work appointment. Perhaps this is why no formal statement has been given. Didn't the defense lawyer say something about how he doesn't want to allow the police to trip his client up...or something to that effect?


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I realize I am stating the obvious, but IIRC my guess is there is 2 to 3 hour time period they would like to know his whereabouts?

Didn't we learn last week he left for work around 7-730 a.m. that Monday?

 

[georgiasblu]

I realize I am stating the obvious, but IIRC my guess is there is 2 to 3 hour time period they would like to know his whereabouts?

Didn't we learn last week he left for work around 7-730 a.m. that Monday?

That is what Kim said.

 

[FindHG]

Report: Judge will allow contested evidence in case tied to EMU student's homicide
By Ben Freed, The Ann Arbor News / mlive
September 11 '15, 5:30 pm

refers to the same news below

By By Katrease Stafford, Detroit Free Press
9:31 pm edt September 11 '15

[...]

Outside of the courtroom Friday, Rose Niswender, Julia Niswender's grandmother, cried tears of joy after learning the trial would move forward.

"This is just the beginning and I think we're finally getting somewhere with this case," she said. "I'm just so relieved that we're going ahead. I'm speechless. I'm glad that he( the judge) held out and that the information will be out there. The people need to know in order to make a fair and honest case. They need to know that this stuff has been going on... I believe wholeheartedly that he had something to do with her murder. I'm very pleased with the judge's decision today. We're going to get justice for Julia."

 

[black_squirrel]

If I understand correctly, Julia was supposed to show up at work with JT at 10am, but she also was scheduled to work at Walmart that day and she also intended to go to the office party that evening. That hardly seems to fit all into one day. And one would think that if JT left before 8, then they probably would have met earlier. I have not seen the affidavit yet, but from what I've read, it may not necessarily have been JT who told police that he was meeting with Julia at 10. To those who have seen it, does police specify who told them about JT meeting Julia at work that Monday?

Police has said before that they wanted to formally interview JT about the days prior Julia's death. But somehow, it seems that the timeline after
her death may be more important.

 

[Deleted member 132804]

Unless this person was significantly older, I am guessing it was a line, like "my Dr said I can't have kids", or similar, to get out of wearing a condom. I am 31 now, but I heard that more than once when I was in college.

Regardless, now that she has made that claim, I am sure they are looking into it. It would be very negligent if things ever got to a trial phase and they hadn't looked into it.

ETA/ I say the bit about significantly older because I have two male friends who have been quite adamant that they didn't want kids and had trouble finding a doctor who would perform the surgery at their age.

One has since changed his mind and is a very happy dad. The other is counting down until he is 38, which is the youngest he could find a doctor willing to do it.

The others in our area seemed pretty set on 40 as the limit unless there was a medical necessity or a high risk of genetic disease to the man's potential offspring, or if he were married and his wife would sign off on it.

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Yes, agreed, It could have been a line. Great point about age. It makes sense a doctor would hesitate to perform this surgery on a younger man, since they could change their mind about not wanting children.

 

[hockeymom4]

I am very certain that all of my children (two daughters and one son plus two grand daughters) have been reading this site on a regular basis or at least time to time. Why they won't join so they can correct or substantiate some of the things said on here is beyond me. They are all 100% convinced that JT is innocent of everything and yet will not try to express their feelings on Julia's murder.

Snipped by me.

I just noticed that all of your children plus two grandchildren think he is 100% innocent of everything. When I read this it makes me take a step back and think. When five "family members" of his all believe in his innocence of everything, regarding another family member. Why do you think they all are thinking this way about him?

Please understand I mean no disrespect and if you don't want to to answer, I understand. If anyone has any thoughts on why, please chime in.

 

[FindHG]

Yes, agreed, It could have been a line. Great point about age. It makes sense a doctor would hesitate to perform this surgery on a younger man, since they could change their mind about not wanting children.

Unless this person was significantly older, I am guessing it was a line, like "my Dr said I can't have kids", or similar, to get out of wearing a condom. I am 31 now, but I heard that more than once when I was in college.
<snipped, to stick with the theme, by me>

Odd, it does seem a calling card of sorts for a certain type of man, based on the ones whom I've met who make a point parading it.

 

[Deleted member 132804]

If I understand correctly, Julia was supposed to show up at work with JT at 10am, but she also was scheduled to work at Walmart that day and she also intended to go to the office party that evening. That hardly seems to fit all into one day. And one would think that if JT left before 8, then they probably would have met earlier. I have not seen the affidavit yet, but from what I've read, it may not necessarily have been JT who told police that he was meeting with Julia at 10. To those who have seen it, does police specify who told them about JT meeting Julia at work that Monday?

Police has said before that they wanted to formally interview JT about the days prior Julia's death. But somehow, it seems that the timeline after
her death may be more important.

Interesting point about YPD wanting a formal statement about JT's whereabouts in the days prior to Julia's death. I wonder if this may have something to do with cell phone records. You know, just having a cell phone turned on or set to go to voicemail can determine a person's approximate location at a specific time. It has something to do with pings on the nearest satellite tower when a message is sent or received. Information about what cell numbers are in an area can be collected just from a cell being turned on.

 

[FindHG]

Snipped by me.

I just noticed that all of your children plus two grandchildren think he is 100% innocent of everything. When I read this it makes me take a step back and think. When five "family members" of his all believe in his innocence of everything, regarding another family member. Why do you think they all are thinking this way about him?

Please understand I mean no disrespect and if you don't want to to answer, I understand. If anyone has any thoughts on why, please chime in.

Those who are closest to a situation like this, it may true, have the hardest time coming to terms with it. Being so close and unwilling to acknowledge it may be a defensive way to cope with what this harsh truth would imply happened under their noses. You have countless examples in the past few years of institutions which like families react the same way. It takes outsiders believing victims and to give them the courage to say something. It sounds like Julia tried as a child and was shut down. If she was opening up about the abuse, then can you imagine the conflict she faced with concern for her youngest sister, as well as her family's well being as a whole?

She continued to have a difficult relationship with her stepdad, up to when she was found stripped, with her clothing cut off of her, her arms held behind her and drowned. It seems possible that the person/s who did this to her treated her like animal, tying her up, cutting her clothes off, like skinning a hunt, and took very personal items like trophies, not anything of value.

For Turnquist to not give a full statement about the time around Julia's murder seems much more telling to me, rather than her immediate family dismissing abuse.

 

[Trojan1966]

Snipped by me.

I just noticed that all of your children plus two grandchildren think he is 100% innocent of everything. When I read this it makes me take a step back and think. When five "family members" of his all believe in his innocence of everything, regarding another family member. Why do you think they all are thinking this way about him?

Please understand I mean no disrespect and if you don't want to to answer, I understand. If anyone has any thoughts on why, please chime in.

First, you'd really have to spend some time with JT to see how he acts and what he does around family. He is a very "controlling" individual and I'm sure some of this is a result of his martial arts training, but also his personal history (as revealed in the affidavit documents) also seems to indicate his very "controlling" manner. My children and granddaughters are steadfastly denying that JT had nothing to do with Julia's murder. I am not 100% convinced that he did it but have very strong suspicions that he knows alot more about this and has failed to cooperate 100% with LE. Yes, early on in the investigation everyone did cooperate but as LE dove deeper into things in an effort to "clear" all immediate family members, they seem to "clam up"! LE continued to investigate and have found some very alarming facts and events in JT's personal history. These are now documented in the papers presented to the court and are now public record. Yes, it hurts me deeply that my children now fail to talk to me, but my ultimate goal is to find out exactly what and who did this terrible thing to my granddaughter. I still love all of them and I just wish they would all fully cooperate so LE can complete their investigation. Without this full cooperation, LE is seemly hung up on JT. Why the family does not see this is beyond me. JT may (and I emphasis that) have information from around the time of the murder that may be just the clue LE needs to solve the murder. I will continue to support LE in the efforts as that is the only way this will be solved. Nothing will bring Julia back but hopefully the truth will give me and the rest of the family closure although that may not truly exist as we must all live with her loss the rest of our lives. Justice for Julia is all I want.

 

[hockeymom4]

First, you'd really have to spend some time with JT to see how he acts and what he does around family. He is a very "controlling" individual and I'm sure some of this is a result of his martial arts training, but also his personal history (as revealed in the affidavit documents) also seems to indicate his very "controlling" manner. My children and granddaughters are steadfastly denying that JT had nothing to do with Julia's murder. I am not 100% convinced that he did it but have very strong suspicions that he knows alot more about this and has failed to cooperate 100% with LE. Yes, early on in the investigation everyone did cooperate but as LE dove deeper into things in an effort to "clear" all immediate family members, they seem to "clam up"! LE continued to investigate and have found some very alarming facts and events in JT's personal history. These are now documented in the papers presented to the court and are now public record. Yes, it hurts me deeply that my children now fail to talk to me, but my ultimate goal is to find out exactly what and who did this terrible thing to my granddaughter. I still love all of them and I just wish they would all fully cooperate so LE can complete their investigation. Without this full cooperation, LE is seemly hung up on JT. Why the family does not see this is beyond me. JT may (and I emphasis that) have information from around the time of the murder that may be just the clue LE needs to solve the murder. I will continue to support LE in the efforts as that is the only way this will be solved. Nothing will bring Julia back but hopefully the truth will give me and the rest of the family closure although that may not truly exist as we must all live with her loss the rest of our lives. Justice for Julia is all I want.

Thanks for responding. I am so sorry for what you and the rest of her friends and family are going through. Could JT, not be speaking because he is protecting someone he loves? I have never thought this, but that would be the only reason I would hesitate to speak up.

 

[black_squirrel]

First, you'd really have to spend some time with JT to see how he acts and what he does around family. He is a very "controlling" individual and I'm sure some of this is a result of his martial arts training, but also his personal history (as revealed in the affidavit documents) also seems to indicate his very "controlling" manner. My children and granddaughters are steadfastly denying that JT had nothing to do with Julia's murder. I am not 100% convinced that he did it but have very strong suspicions that he knows alot more about this and has failed to cooperate 100% with LE. Yes, early on in the investigation everyone did cooperate but as LE dove deeper into things in an effort to "clear" all immediate family members, they seem to "clam up"! LE continued to investigate and have found some very alarming facts and events in JT's personal history. These are now documented in the papers presented to the court and are now public record. Yes, it hurts me deeply that my children now fail to talk to me, but my ultimate goal is to find out exactly what and who did this terrible thing to my granddaughter. I still love all of them and I just wish they would all fully cooperate so LE can complete their investigation. Without this full cooperation, LE is seemly hung up on JT. Why the family does not see this is beyond me. JT may (and I emphasis that) have information from around the time of the murder that may be just the clue LE needs to solve the murder. I will continue to support LE in the efforts as that is the only way this will be solved. Nothing will bring Julia back but hopefully the truth will give me and the rest of the family closure although that may not truly exist as we must all live with her loss the rest of our lives. Justice for Julia is all I want.

In JT's disturbing personal history, has JT been a perpetrator or a victim? Has he had any brushes with the law as an adult or as a minor? People have mentioned that there was severe abuse in his childhood. What I do not understand is, why this is being held against him.

 

[Trojan1966]

In JT's disturbing personal history, has JT been a perpetrator or a victim? Has he had any brushes with the law as an adult or as a minor? People have mentioned that there was severe abuse in his childhood. What I do not understand is, why this is being held against him.

It seems in JT's past, he was the "victim" of the abuse as a youngster mentioned in the affidavit but later in his life he may have been the perpetrator. All of these events happened prior to him meeting my daughter and their marriage. How much of his "history" did she know prior to marrying him, I don't know. At the time of their marriage, I knew very little of JT's past. Sorry, at the present time I will not go into specific details about the documents that I have obtained a copy of. If you read all the press articles you'll get most of what is in the documents.

 

[Deleted member 132804]

Points of interest from the Judges statement above:
There was no forced entry (suggesting Julia knew her killer)
The fact that the decedent was to appear for work with the defendant the next morning at 10 (and he didn't report her missing).
the oversharing of the defendant in the police investigation of his loss prevention training experience with the Monroe Sheriff's Office
the fact that he got tired of quote, 'dragging dead bodies out of the water (she was found in the water)
the fact he was bothered that the decedent was dating someone of a different race

So much for the claim that there was "nothing" tying JT to the investigation, other than his relationship with Julia and (paraphrasing) an overzealous police force. This being just the basic information gathered for a probable cause warrant; not the entirety of what was discovered since.
(parenthetical comments all mine).

Twelve pages seems to suggest there is much more to boot.

JMOO

I find it interesting that, aside from the "no forced entry", the points of interest from the Judge's statement relate directly to JT's actions or lack thereof in regards to the murder, considering his status as a close family member, as well as a boss in relation to the missed work assignment.

The past history of abuse in JT's background wasn't noted as a reason by the Judge. I know some have asked why/how JT having an abusive childhood could relate to being a POI in Julia's murder. Sadly, some studies show people who have been subjected to severe abuse as a child may be more likely to abuse their own children or stepchildren as adults. Now, this doesn't mean every person who has suffered abuse as a child will become an abuser as an adult, and it's hard to determine why some have a sick desire stronger than their own better judgement to repeat abuse. To us, it's still unknown if JT was actively struggling with this sickness. But there was a report early on by a friend of Julia's about inappropriate behavior from JT towards Julia, note the statement was later recanted.