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

[Deleted member 132804]

http://www.freep.com/story/news/local/michigan/2015/09/21/stepdad-slain-emu-student-not-guilty-child-porn-case/72559494/

I do wonder if the questionable images will ever be released for public view and if they can be used in another case.

 

[Deleted member 132804]

I did not say that they should have a "buddy relationship". However, I don't think it was strategically smart to antagonize JT, without having proof against him. It should have come to no surprise that he retained a lawyer and eventually stopped talking to Ypsilanti police.

What Ypsi police did, that they shouldn't have done:
1. Very early in the investigation, they interviewed JT's biological mother, step-mother, biological sister and step-sister about events that happened even before Julia was born. They did found out that JT was abused in his childhood. But what does this have to do with Julia's death? All this did was antagonize JT and his family.
2. They should not have prosecuted JT for child pornography, because there was no proof. I think Ypsi police is partially responsible for this. They may have pressed Monroe to prosecute.
3. They should not have named JT a POI. It is questionable if they should have considered him a POI. But in any case there was no reason to publicly announce it.

What these actions achieved is, that JT has been subjected to a trial in public, a witch hunt even. Perhaps they believed by torturing him with public humiliation, that he would somehow confess to something. But this seems to me an immoral approach.

What they should have done though is:
1. Actually collect all the physical evidence (no missing bathmats etc.)
2. thoroughly evaluate that physical evidence right away. Why does it take 2 years to figure out that the donor of the semen is someone who had a vasectomy?

My impression is, that the Ypsilanti LE focussed on the gossip and allegations, rather than the physical evidence.

While it is true YPD brought the suspected images from the Turnquist computer to the attention of the Monroe County Sheriff, IMO..MCS brought it's own charges against JT, as they would of anyone in Monroe County. As for the images and computer itself, no one can say 100% that it was JT who put them there, with other people in the family home using the computer. Also, it seems it couldn't be proven 100% if the images were of girls under 18 years of age. Although it seems they looked younger 18 years of age, which brought this to trial. I do not see that JT was treated any differently than anyone else who is caught with questionable images on a computer. That being said, if his step-daughter wasn't murdered, MCS wouldn't have known about the images.

 

[black_squirrel]

Here is some of my speculation MOO (my apologies, but what follows may be graphic):


In principle, the semen found on Julia's body could have come from an encounter that happened some time before the murder (assuming that the semen wasn't planted). However, I think it is probably connected to the murder. One of the samples found was on her thigh, and was discovered during autopsy. I think it probably wouldn't be there if Julia had taken a shower after an encounter. This means that the encounter probably happened the evening/night of 12/9, the day she was last seen. It also means that the person that had sex with her was the killer.

If the sexual encounter was by force, then the perpetrator probably would have worn a condom. The perpetrator seemed to have removed all other evidence. So why leave behind incriminating evidence such as semen? This is why I think the encounter may have started as something consensual. It somehow led to murder. After that the murderer tried to cover up. Perhaps washed evidence off the body. The perp couldn't be sure though that he removed all evidence. Police might find out that it was him who had an encounter with Julia. So he might have gotten the idea of planting evidence. This way, he could deny killing Julia, even though there was evidence that he was at the crime scene that night.
In this scenario, the killer didn't bring gloves. Perhaps the perp took Julia's key, and came back later to plant the evidence. When the killer came back with the fake gloves, he placed it in front of the bathroom door, because he did not want to see the crime scene in the bathroom again.

The ligature marks suggest some kind of force. But on the other hand there did not seem any other signs of force. The pants were cut off, but they must have been cut off carefully, without injuring Julia. Reading between the lines, the affidavit seems to suggest that the perp may be into bondage (it suggests that JT may have been exposed to pornography, including bondage as a child.) I think it is possible that the perp was into bondage, but I don't think it was JT (there is no evidence that JT himself was ever into bondage).
The last instagram picture she posted is a picture of the book "50 shades freed". This is the third volume in the "50 shades of gray" series (romance/erotic books that include some bondage scenes). I believe she posted this in December 2012, and she noted that she would finish the book after finals. Earlier, she also posted pictures of the first volume (twice). I think it is possible that there perp is an instagram follower who may have gotten the impression that she was into bondage, because she was posting the books on instagram.

 

[FindHG]

I do wonder if the questionable images will ever be released for public view and if they can be used in another case.

It wasn't just the content but proving that he alone could have had access too that was at issue, even if it was definitively child porn. I think JT has a ways to go the lift the cloud over his head. I wouldn't trust the lawyer's take on whether the jury questioned the content or progeny of the images.

[video=youtube;qtdrba1zi5Y]https://www.youtube.com/watch?v=qtdrba1zi5Y[/video]

~

http://detroit.cbslocal.com/2015/09...udent-found-not-guilty-of-child-porn-charges/
September 22, 2015 7:53 AM

"ANN ARBOR (WWJ) – The stepfather of a murdered Eastern Michigan University student, who is also a person of interest in her 2012 death, has been found not guilty of child porn charges."

~


James Turnquist, person of interest in Niswender murder, acquitted in child pornography case
11:37 PM, Sep 21, 2015
6 hours ago

ANN ARBOR, Mich. (WXYZ)

[...]

"James Turnquist has been making headlines ever since police named him as a person of interest in the murder of his step-daughter Julia Niswender."

[...]

 

[FindHG]

I'm just confused, D&C? Why hasn't he already? Oh, he is a POI who won't give a statement. <modsnip>

It would all be so simple, righteous and productive, don't you think if he answered LE's questions, get it over with and let this family go on with their lives?

Who is getting in the way of that? And why would he choose to remain a POI if he has nothing to hide? He had no problem showing emotion, tears even at those rallies in Julia's honor. But after all the information about his demeanor came out through the child porn case, he took the trouble to mention "he is not outwardly emotional." Not a smart thing to do, I might add, given the only thing they can point to that they think seems to clear him are those useless lie detector tests. It also makes the way he acted before in MSM seem questionable, the way he kept complaining about LE, through his dramatic guffaws. I would say a foot in mouth there.

 

[FindHG]

What would you say to LE considering him a POI, D&C?

The lawyer chose not to address it. As long as he is a POI in LE's eyes, Rose has nothing to fear as you suggest. All his lawyer chooses to say in a little snippet amounts to nothing @ 1:04, below.

[video=youtube;qtdrba1zi5Y]https://www.youtube.com/watch?t=6&v=qtdrba1zi5Y[/video]

 

[DazednConfuzed09]

What would you say to LE considering him a POI, D&C?

The lawyer chose not to address it. As long as he is a POI in LE's eyes, Rose has nothing to fear as you suggest. All his lawyer chooses to say in a little snippet amounts to nothing @ 1:04

I agree with Black_Squirrel that they never should have named him as POI when they were cornered by media all those months ago.

You can not publicly make accusations against a person, with the intent of turning other people against said person, without "factual and verifiable" proof. If it is based on "what you feel".... good luck defending that in a civil court case. I think there are quite a few people who have put things into writing, or better yet... have gone on TV and let your mouth run that won't be able to produce facts. Those are the ones who should worry.

 

[FindHG]

I don't think so, D&C, as long as LE has him as a POI. How will you/he silence LE? Even with the most generous coverage mentioning KT and Julia's twin, there this. But in the end, I don't think LE cares about appearances, it would be the facts that matter. Up to now, Turnquist is the only POI. No amount of PR will change that until he clears his name with LE, even if when Turnquists side gets a fair hearing, as below and all the coverage so far.

Bombshell affidavit released in EMU student murder case
9/2

"We don't talk to them. We don't like the way they are handling it," he said.

[...]

Turns out the whole time---police were looking at him.

 

[DazednConfuzed09]

Sued for sleuthing, lol. I don't think so, as long as LE has him as a POI. How will you silence LE?

I'm not talking about this website and sleuthing.

 

[SapphireSteel]

In the post trial interview James Turnquist says

"I'm not an outwardly emotional individual... Do I smile? Yeah, I smile."

http://www.freep.com/videos/news/local/michigan/2015/09/21/72586148/


Now, that self-description he provides in his post court interview (the part not quoted in article*), more to the point that he believes it and knows it about himself, would help pass lie detector tests since the tests are based on reading of emotional reactions as they manifest in physical reactions. Practice would make it perfect too which is why lie detector tests don't mean much or are inadmissible in court. Emotionally controlled people pass them. He did practice at least once with his lawyers and they would not be obligated to tell if he was more practiced.

Surprising and maybe telling that no reporters asked him about Julia's case and that neither KT or JT chose to address it. Maybe they set that as a condition for the press gaggle? Though this information is included in the text:

"The affidavit shed new light on Ypsilanti's investigation into Turnquist, why they believe he's a person of interest and previously unreleased details on Niswender's homicide. Allegations of sexual abuse, an FBI behavioral assessment and a vasectomy are among the evidence that led police to name him a person of interest."



*http://www.freep.com/story/news/loc...-student-not-guilty-child-porn-case/72559494/
see the abbreviated quote which begins with "Do I feel good?"

Do we take this to mean whoever sexually assaulted Julia also had inactive semen?

What a coinky dink....

 

[Trojan1966]

I don't know how anyone can blame Ypsi PD for JT's child porn trial. YPD did as they are required, report possible child porn to Monroe County. It was up to Monroe County to investigate this charge and up to Monroe County to decide whether or not to prosecute. Ypsi PD had the affidavits to obtain a search warrant for the computers. As a result of examining them, the possible child porn was found. The affidavits would not have been public information had not JT's lawyer pressed for the documentation. Because of the lawyer's request, the documents were produced to the court and became public information. This was all brought about by JT's lawyer who later decided he didn't want the jury to see this in court. The Judge said it would be allowed but the Monroe Prosecutor (after talking to JT's lawyer) agreed not to introduce it in court. Why? He hasn't said.
All of this is not important to me. I want to find the truth about who murdered Julia. JT may be a POI and it's up to him to provide answers that may completely "clear" him with Ypsi PD. Until that happens, he will probably continue to be a POI and Ypsi PD will continue to dig deep and continue to investigate him or any other person who may become a POI. From early on in the investigation, KT and Jennifer have told me over and over to let the detectives do their job. OK, they are trying to do their job but lack some cooperation from some people who by not cooperating are effectively interfering with the final resolution. If you are completely innocent , I would like someone to give me a reason why they would not cooperate? If these people believe that the YPD can "railroad" an innocent person to prison, then they must think the YPD is very, very smart! And yet they continue to tell everyone how incompetent they are!
Again, my goal is Justice for Julia. I hope the investigation continues to move forward and with or without everyone's cooperation, the truth is found.

 

[DazednConfuzed09]

It's hard to stem suspicion if ya don't come clean, D&C. It's more than a feeling, being a POI.

See the comment posted such as the one posted here in The Eastern Echo. I would think cooperating with LE to make this go away would help the family move out from under this very salacious cloud.

http://www.easternecho.com/article/2015/09/julia-niswender-case-continues

Do you seriously think LE doesn't have statements, whether written or recorded? Really?! I don't buy it. LE has been proven to lie, not gather pertinent evidence from the crime scene, back peddled in court, and probably totally ruined their relationship with MC because of the latest fiasco. Nope, I don't believe a word Ypsi says.

I can't help but wonder if those making statements and pointing the finger at JT within the affidavit are hiding something themselves!

 

[georgiasblu]

Out of curiosity, how do you prove pictures found on the internet are under 18 if the victims are not prepubescent? There is a group of men who prefer young girls who have gone through puberty. This was JT's personal laptop used for work and porn I guess. So was it KT, JN or M looking at the pictures? There were 30 pics admissable but how many were there in total?

 

[MIMOMMY]

As it won't allow me to edit my last post.

The minor child has not only suffered the loss of her sister - but now - no matter what you think of her father - she must also deal with this.

I know as fact that she is picked on, bullied, and tormented by her peers because of these situation. I feel that if anything the entire community should want to wrap their arms around her in particular and protect her from any more hurt.

 

[SapphireSteel]

This is all starting to sound a bit Powell-ish imo.

 

[FindHG]

Totally agree, FindHG. I feel for the 12 year old but isn't this on JT? The big tragedy here is that this family has been torn to pieces and I don't see that being repaired. Personally, both sides have acted inappropriately it is not all on the N side.

Yes, it is on JT. Admittedly, due to his demeanor and what he kept driving at in MSM appearances, he seemed suspicious to me from my first awareness of the case last fall. I recall when things got heated, there was a moment my heart sank for Julia's sisters especially, as it was before Trojan and 4ist joined I think. I realized then that he only cared about himself and did not care how this playing out would ruin his family. It just seemed evident that he will never help lift this cloud willingly, will double down in his own way and that may hurt his family even more. As you see almost a year later it's just that, with all the exposure and details.

Why would a man do that to his daughters if all he had to do to stop it is to answer some questions? What's honorable about that?

Just as a side note, generally we don't have the luxury of knowing who we run into can kill, rape or maim, based on court documents. We use our instinct and reasoning to know what to do. It's usually hard for children who grow up with histories of abuse or bad parenting to develop those instincts and reasoning. They're made to believe that the truth would be a great breach that would destroy the family. That seems to be the case here, except it seems to be destroying everybody but JT. He said he's moving on, not a word about Julia, yesterday.

 

[georgiasblu]

Yes, it is on JT. Admittedly, due to his demeanor and what he kept driving at in MSM appearances, he seemed suspicious to me from my first awareness of the case last fall. I recall when things got heated, there was a moment my heart sank for the Julia's sisters especially, as it was before Trojan and 4ist joined I think. I realized then that he only cared about himself and did not care how this playing out would ruin his family. It just seemed, he will never help lift this cloud willingly, will double down in his own way and that may hurt his family even more. As you see almost a year later it's just that, with all the exposure and details.

Why would a man do that to his daughters if all he had to do to stop is answer some questions?

I understand he has the right to have counsel, the right to not talk without his attorney. He has two alibis if you choose to believe K and J so why not answer questions so you can clear yoursef? Because he has something to hide. He knows it, his attorney knows it and Ypsi pd knows it.

 

[Skigirl]

Out of curiosity, how do you prove pictures found on the internet are under 18 if the victims are not prepubescent? There is a group of men who prefer young girls who have gone through puberty. This was JT's personal laptop used for work and porn I guess. So was it KT, JN or M looking at the pictures? There were 30 pics admissable but how many were there in total?

This is just speculation on my part, but often when images are downloaded from the internet, they come with a hidden meta-data. Meta-data will often include the source or URL where the picture originated. If the URL is one that is associated with illegal images, one can assume that the viewer's intention was to view illegal images. However, who knows how many and which of the pictures on those sites (except the ones of pre-pubescent children) are of very young-looking people over the age of 18, and how many are of people under 18. I would think (HOPE) that the intent to view and download illegal images would be enough to get one in very big trouble. Was any information presented at court about why the age of the girls/women in the pictures could not be verified and was any information presented about where they were downloaded from, more specifically than, "the internet"?

 

[georgiasblu]

Yes, it is on JT. Admittedly, due to his demeanor and what he kept driving at in MSM appearances, he seemed suspicious to me from my first awareness of the case last fall. I recall when things got heated, there was a moment my heart sank for the Julia's sisters especially, as it was before Trojan and 4ist joined I think. I realized then that he only cared about himself and did not care how this playing out would ruin his family. It just seemed, he will never help lift this cloud willingly, will double down in his own way and that may hurt his family even more. As you see almost a year later it's just that, with all the exposure and details.

Why would a man do that to his daughters if all he had to do to stop is answer some questions?

I understand he has the right to have counsel, the right to not talk without his attorney. He has two alibis if you choose to believe K and J so why not answer questions so you can clear yoursef? Because he has something to hide. He knows it, his attorney knows it and Ypsi pd knows it.

 

[georgiasblu]

This is just speculation on my part, but often when images are downloaded from the internet, they come with a hidden meta-data. Meta-data will often include the source or URL where the picture originated. If the URL is one that is associated with illegal images, one can assume that the viewer's intention was to view illegal images. However, who knows how many and which of the pictures on those sites (except the ones of pre-pubescent children) are of very young-looking people over the age of 18, and how many are of people under 18. I would think (HOPE) that the intent to view and download illegal images would be enough to get one in very big trouble. Was any information presented at court about why the age of the girls/women in the pictures could not be verified and was any information presented about where they were downloaded from, more specifically than, "the internet"?

The only thing I know there were no searches for kiddie porn according to Trojan.