GUILTY MS - Alexandria "Ally" Kostial, 21, Ole Miss student found dead, Harmontown, 20 Jul 2019 *ARREST* #2

[Seattle1]

I don't think his attorneys believe he is guilty or not guilty. It doesn't matter to them, and I'm sure they haven't asked him. Their responsibility is to assure that he gets a fail trial -- that's all. But we know they will do a bit more that than. During the case discussion with him, if they ask him if he did it, and he says "yes," then they can't ask him to testify . To ask him if he killed her -- as if they would, and he is under oath on the witness stand, and he says, "No I did not," the the attys will be guilty of suborning perjury. Suborning perjury is serious -- Here a little more info:


Subornation of perjury - Wikipedia

BT is expected to enter a not guilty plea at his arraignment.

Do you have any thoughts on BT's defense and/or what theory they will put forward to defend BT against the charge of murder?

That was really the point of my post -- seeking possible defense theories.

 

[borndem]

This has probably been answered and I just missed it. I have worked in the legal system for many years and should know this, but I always thought cases went to grand jury because there was some question about sufficient evidence to indict. Am I wrong about that?

Here's some general info about Grand Juries...

How Does a Grand Jury Work?
The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant -- usually reserved for serious felonies. Grand jury members may be called for jury duty for months at a time, but need only appear in court for a few days out of every month. Regular court trial juries are usually 6 or 12 people, but in the federal system, a grand jury can be 16 to 23 people.
How Does a Grand Jury Differ from a Preliminary Hearing?


While all states have provisions in their laws that allow for grand juries, roughly half of the states don't use them. Courts often use preliminary hearings prior to criminal trials which are adversarial in nature. As with grand juries, preliminary hearings are meant to determine whether there is enough evidence, or probable cause, to indict a criminal suspect.

 

[borndem]

Yes, and its also common for the guys to be released during rush as well. The pledging process for the guys is like night and day to the girls' process. The girls is more interviews and the guys, is well, you can imagine it gets intense. Some drop voluntarily and others just get dropped. I'll leave it at that.



Lots of reasons for him to drop out of pledging on his own. Sometimes the list of thing they must do gets quite daunting and it is not for everyone. Imagine (hypothetically of course, since I have not myself been on the inside of this) someone with his apparent personality taking orders? Maybe having to do things that humiliate himself? I have a hard time imagining him following that through to the end. So, at the end of the day, I could see either happening. Based on some pictures I have seen, I would make a strong guess that he never actually completed the initial process and never officially joined a group. Its just my guess, though.

I agree that he likely chose the school based on the life advertised by the recruiters there. However, there are so, so many with wealth far greater than a doctor's son going through that process. Wealth is only a small part. Family name/reputation is equal or possibly an even greater asset in that process. He would be small potatoes and not to mention that they do their research, too. They knew more about him than we do right now. I would bank on that.

MOO

 

[borndem]

BT is expected to enter a not guilty plea at his arraignment.

Do you have any thoughts on BT's defense and/or what theory they will put forward to defend BT against the charge of murder?

That was really the point of my post -- seeking possible defense theories.

They're gonna say that she picked him out as soon as she met him, and she resolved to marry him (as his money). She flirted inappropriately, got him into a "sex trap" quite often and when he told her that he wanted to end it, or at least see other women, that's when she told him that she was pregnant -- so she could have him all to herself. Whatever it took, she was gonna have him all to herself. And they will ugly-up that fake story up, and try to find guys and gals who saw it that way, and put them on the stand to testify to that.

 

[Quill]

They're gonna say that she picked him out as soon as she met him, and she resolved to marry him (as his money). She flirted inappropriately, got him into a "sex trap" quite often and when he told her that he wanted to end it, or at least see other women, that's when she told him that she was pregnant -- so she could have him all to herself. Whatever it took, she was gonna have him all to herself. And they will ugly-up that fake story up, and try to find guys and gals who saw it that way, and put them on the stand to testify to that.

They just might. Nothing will ever justify what he did to her. Nothing.

 

[Seattle1]

They're gonna say that she picked him out as soon as she met him, and she resolved to marry him (as his money). She flirted inappropriately, got him into a "sex trap" quite often and when he told her that he wanted to end it, or at least see other women, that's when she told him that she was pregnant -- so she could have him all to herself. Whatever it took, she was gonna have him all to herself. And they will ugly-up that fake story up, and try to find guys and gals who saw it that way, and put them on the stand to testify to that.

I think that's the character assassination we can expect, but not a defense for pulling the trigger 8 times....

I'm so relieved BT is sitting in jail.

 

[borndem]

They just might. Nothing will ever justify what he did to her. Nothing.

Yes, nothing. Even if she was a b**** and lied about possibly being pregnant, and then insisted that they get married, and called him and pestered him -- and I firmly believe she did none of these things -- there was no reason for him to pump 8 bullets into her body and then leave her little body out there for anyone or any animal to see for possibly days.
There is no excuse or reason for anyone to do that to a human being. Grrrrr. How can even those attorneys turn that around into a not guilty verdict. How??

 

[afitzy]

I think that's the character assassination we can expect, but not a defense for pulling the trigger 8 times....

I'm so relieved BT is sitting in jail.

I question whether the character assissination whole victim shame/blame game will work for suspect given the extreme violence of the crime and callous dumping of the body in a public park. I don't think any jury would ever see that someone being 'pestered' or 'hounded' or even 'stalked' as possible viable reason to pump 8 shots into someone abdomen.

IDK think defense is going to have to come up with something else, possibly related to the suspect himself. Will go back and read the early statements from defense counsel but I think the ones I recall had them fairly careful about talking about the victim. MOO

 

[Seattle1]

I question whether the character assissination whole victim shame/blame game will work for suspect given the extreme violence of the crime and callous dumping of the body in a public park. I don't think any jury would ever see that someone being 'pestered' or 'hounded' or even 'stalked' as possible viable reason to pump 8 shots into someone abdomen.

IDK think defense is going to have to come up with something else, possibly related to the suspect himself. Will go back and read the early statements from defense counsel but I think the ones I recall had them fairly careful about talking about the victim. MOO

If defense is going for the "you've got the wrong guy -- somebody else did this" defense, I think they may try to paint AK as an unstable, clingy ex that was murdered by rival girlfriend.

Personally, I believe his team is working on a defense where BT had a psychotic episode, with no memory of what occurred.

MOO

 

[borndem]

BT is expected to enter a not guilty plea at his arraignment.

Do you have any thoughts on BT's defense and/or what theory they will put forward to defend BT against the charge of murder?

That was really the point of my post -- seeking possible defense theories.

That's a tuff one, isn't it? SMH.
Assuming that LE has got some indication that he was there, and that he did it or he most likely did it, then he ought to be boxed-in. Tire tracks that match his vehicle. Her fingerprints in his truck, but that would need other things to boost that along since they probably did go places in his vehicle. I'm hoping that he still had gunshot residue on himself when (if) they tested him, on his clothes, or his vehicle, etc. Of course he is a target shooter, too, so ...
If his clothes had her blood on them, that will really make it look bad for him - that would be a big deal, IMO. Her autopsy would show if she had any fresh wounds (not the bullet wounds) that would have bled. If they find the murder weapon in his car, that will really be tuff, IMO. Maybe she brought it along to shoot herself, the baby (if one), or him (worth a shot). Eight shots really complicates that scenario, IMO, however.
If any of this is the case, the defense will attack her and show why she made him go into some sort of fugue state and dissociate for a few days, thereby not responsible for what he did -- and he can't remember those few days before, during and after the incident. He was also having a hard time in his classwork, etc,. he was bullied, un-liked, etc., so he was really just plain pitiful. <gag>
They'll call in some psychological expert to show how it happened to the poor guy. <choke> I don't think they'll resort to schizophrenia unless things are really going south. There are experts for that, too. Of course the prosecution will have their experts as well.

Just my thoughts so far -- I'm convinced that he is guilty, of course, but I'm not yet convinced there will be a conviction. Money talks, b.s. walks. The defense team does not like to lose, and they have a lot of tricks, personnel, connections, and knowledge... And AFAIK, we haven't heard much or anything about the
prosecution, so that is an unknown for me, at least.

 

[MemPat]

That's a tuff one, isn't it? SMH.
Assuming that LE has got some indication that he was there, and that he did it or he most likely did it, then he ought to be boxed-in. Tire tracks that match his vehicle. Her fingerprints in his truck, but that would need other things to boost that along since they probably did go places in his vehicle. I'm hoping that he still had gunshot residue on himself when (if) they tested him, on his clothes, or his vehicle, etc. Of course he is a target shooter, too, so ...
If his clothes had her blood on them, that will really make it look bad for him - that would be a big deal, IMO. Her autopsy would show if she had any fresh wounds (not the bullet wounds) that would have bled. If they find the murder weapon in his car, that will really be tuff, IMO. Maybe she brought it along to shoot herself, the baby (if one), or him (worth a shot). Eight shots really complicates that scenario, IMO, however.
If any of this is the case, the defense will attack her and show why she made him go into some sort of fugue state and dissociate for a few days, thereby not responsible for what he did -- and he can't remember those few days before, during and after the incident. He was also having a hard time in his classwork, etc,. he was bullied, un-liked, etc., so he was really just plain pitiful. <gag>
They'll call in some psychological expert to show how it happened to the poor guy. <choke> I don't think they'll resort to schizophrenia unless things are really going south. There are experts for that, too. Of course the prosecution will have their experts as well.

Just my thoughts so far -- I'm convinced that he is guilty, of course, but I'm not yet convinced there will be a conviction. Money talks, b.s. walks. The defense team does not like to lose, and they have a lot of tricks, personnel, connections, and knowledge... And AFAIK, we haven't heard much or anything about the
prosecution, so that is an unknown for me, at least.

Reading through the Mary Winkler case might give some clues as to what the Fareses will do for Brandon.

She shot her husband in the back with a 12 gauge, packed her children and went to Orange Beach.

I don't doubt that her husband was a real creep but the legal shenanigans were quite pronounced here.... MOO

(Interestingly, Mary didn't have any money but there was lots of publicity to be gleaned from the case.)

 

[Soccermom5]

I think that's the character assassination we can expect, but not a defense for pulling the trigger 8 times....

I'm so relieved BT is sitting in jail.

I think the Farese’s will have a much harder time with this case than any of their others...this is still the old south in many aspects and attacking Ally probably won’t go over well here...It will be interesting to see how this one will play out...Steve Farese has a beautiful young daughter that will be a sorority girl at Ole Miss in a few years...this will be a tough one for them to defend in their usual ways...

 

[Quill]

I think the Farese’s will have a much harder time with this case than any of their others...this is still the old south in many aspects and attacking Ally probably won’t go over well here...It will be interesting to see how this one will play out...Steve Farese has a beautiful young daughter that will be a sorority girl at Ole Miss in a few years...this will be a tough one for them to defend in their usual ways...

You raise some valid points here. This will indeed be interesting to see how they play their hand.

 

[Prthd]

Reading through the Mary Winkler case might give some clues as to what the Fareses will do for Brandon.

DBM

(Interestingly, Mary didn't have any money but there was lots of publicity to be gleaned from the case.)

IIRC Mary Winkler was the cousin of a very good friend of Mr Farese who called Farese and asked him to take the case. Not defending anyone but if I was on trial I would want the Farese’s. WSers really should google them and get their background so that you can get a better understanding of their motivations before this goes to trial and have a frame of reference going forward. MOO is that he’s most likely guilty.

 

[MemPat]

IIRC Mary Winkler was the cousin of a very good friend of Mr Farese who called Farese and asked him to take the case. Not defending anyone but if I was on trial I would want the Farese’s. WSers really should google them and get their background so that you can get a better understanding of their motivations before this goes to trial and have a frame of reference going forward. MOO is that he’s most likely guilty.

I can't find the link but I recently read an online interview where Steve Farese speaks of the good friend/cousin connection to Mary Winkler but he makes the point that he took the case pro bono because of the high media attention.

I would bet Farese has a friend asking him every other day to defend someone they know pro bono. I expect he usually says, "No," and probably made the point about big media so even more people wouldn't come begging.

There can't be any question he's being paid by Daddy for Brandon's defense and he will most likely get reduced charges for the murdering punk.

I'm expecting some sort of diminished capacity.

That will never make me happy nor make me believe justice was served.

MOO

 

[afitzy]

I can't find the link but I recently read an online interview where Steve Farese speaks of the good friend/cousin connection to Mary Winkler but he makes the point that he took the case pro bono because of the high media attention.

I would bet Farese has a friend asking him every other day to defend someone they know pro bono. I expect he usually says, "No," and probably made the point about big media so even more people wouldn't come begging.

There can't be any question he's being paid by Daddy for Brandon's defense and he will most likely get reduced charges for the murdering punk.

I'm expecting some sort of diminished capacity.

That will never make me happy nor make me believe justice was served.

MOO

Yes, your theory makes sense.

I am sure we will be treated to entire sorry history of BT lack of maturity, impulse control, rage issues and possibly even violent attacks and psychotic events because of uncontrollable rage/temper.

I just hope that any other female that has ever been attacked or threatened by BT makes their way to LE or the DA here to share their experiences. It simply makes little sense that there wasn't some similar case of extreme violence from BT past with the possiblity of family money being used to 'make the issue evaporate' IMO. I hope the Prosecutor takes a good hard look at the BT family and its finances to figure out if any such payments had been made to any BT prior episodes.

There had to be a reason for the parents to want BT out of Dallas after 10th grade too as they shipped him a good distance from home to boarding school too.

MOO

 

[MemPat]

Yes, your theory makes sense.

I am sure we will be treated to entire sorry history of BT lack of maturity, impulse control, rage issues and possibly even violent attacks and psychotic events because of uncontrollable rage/temper.

I just hope that any other female that has ever been attacked or threatened by BT makes their way to LE or the DA here to share their experiences. It simply makes little sense that there wasn't some similar case of extreme violence from BT past with the possiblity of family money being used to 'make the issue evaporate' IMO. I hope the Prosecutor takes a good hard look at the BT family and its finances to figure out if any such payments had been made to any BT prior episodes.

There had to be a reason for the parents to want BT out of Dallas after 10th grade too as they shipped him a good distance from home to boarding school too.

MOO

I too hope other girls who've been harmed by Brandon will step up but I'm thinking their families won't want their reputations tarnished by a connection to him and this case.

I still expect those who might receive a subpoena will be changing schools rather than have their relationships discussed on the stand and in the media.

But maybe.....

 

[Seattle1]

I just hope that any other female that has ever been attacked or threatened by BT makes their way to LE or the DA here to share their experiences. It simply makes little sense that there wasn't some similar case of extreme violence from BT past with the possiblity of family money being used to 'make the issue evaporate' IMO. I hope the Prosecutor takes a good hard look at the BT family and its finances to figure out if any such payments had been made to any BT prior episodes.

I too hope other girls who've been harmed by Brandon will step up but I'm thinking their families won't want their reputations tarnished by a connection to him and this case.

I still expect those who might receive a subpoena will be changing schools rather than have their relationships discussed on the stand and in the media.

But maybe.....

I recall that the "prior acts" testimony is very complicated, and usually not admissible but there's been progress in trying to allow prior acts when it occurs against the same person such as domestic violence against spouse/partner.

From Rules of Evidence:

Evidence of other crimes, wrongs, or acts is not admissible if the sole purpose for offering the evidence is to prove the character of a person in order to show that the person acted in conformity therewith.

https://law.lclark.edu/live/files/25189-ncvli-newsletter---when-prior-bad-acts-are

 

[afitzy]

I recall that the "prior acts" testimony is very complicated, and usually not admissible but there's been progress in trying to allow prior acts when it occurs against the same person such as domestic violence against spouse/partner.

From Rules of Evidence:

Evidence of other crimes, wrongs, or acts is not admissible if the sole purpose for offering the evidence is to prove the character of a person in order to show that the person acted in conformity therewith.

https://law.lclark.edu/live/files/25189-ncvli-newsletter---when-prior-bad-acts-are

Agree with you that it will be challenging for the defense here. The alleged murder act seemed so violent and the body being left in the park so callous that I'm not exactly sure what could work and potentially be believable to a jury/judge.

I also wonder though if the parent/s could be culpable for future violence in the event that they had a son with violent tendancies and past and didn't seek help or treatment? Perhaps they did seek treatment and assistance? IDK.

MOO

 

[Seattle1]

Agree with you that it will be challenging for the defense here. The alleged murder act seemed so violent and the body being left in the park so callous that I'm not exactly sure what could work and potentially be believable to a jury/judge.

I also wonder though if the parent/s could be culpable for future violence in the event that they had a son with violent tendancies and past and didn't seek help or treatment? Perhaps they did seek treatment and assistance? IDK.

MOO

At age 22, BT is not a minor, and I believe that ends his parents liability.

He's a man, and daddy can't send a proxy to prison on his behalf.

As far as his youth - I believe dad thinks he addressed his son's alleged violent tendencies by sending him to San Marcos Academy which cites:

• Small classes (with an average of 12 students) and a student-teacher ratio of 8:1 provide a strong learning environment and individualized instruction to meet the needs of each student.
• Structure, discipline and nurturing supervision, including required study halls, are provided in the girls and boys dormitories.

I think his graduating class was only about 40-50 students -- this is a small school!

MOO