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

[Quill]

Do we know if the suspects truck/car/vehicle was impounded when he was arrested and returned to Oxford or perhaps taken to the State Crime Lab in MS?

Do we even know if the State Police are involved with the case or is it being handled in Oxford by local police?

I would think that given the ground situation at the site where the body was found that tire tracks would be in evidence so this could go a long way to proving that the suspect was at the location with the body and the State has this information and will present it to the Grand Jury. If the suspect had been driving around with the victim in the hours before the murder as seems to be the case from the video footage at the gas station then it might follow that cell phone pings from victim and suspect might put them on a path that evening that could be tracked by LE. I would hope that all this data is compiled at this point and will be presented to the Grand Jury.

Perhaps the defense is going to make the move to prove suspect location by cell phone at another location perhaps far away from the victim and the park location? Or perhaps the suspect will 'locate' another person to provide an alibi or perhaps CCTV exists of suspect in another location that would fit the timeline to say that he couldn't have committed the murder? Doing a bit of research on the defense team leads me to believe that we will sadly be treated to some first order victim shaming/blaming and potentially doubt casting information as to the whereabouts of both the suspect and the victim on the evening/early am of the murder.

All speculation on my part as no public info on any of this.

MOO

BBM

The MBI was called in fairly quickly.

OXFORD, Miss. (WMC) - Mississippi Bureau of Investigation is assisting in the case of an Ole Miss student who was found dead this weekend.

Alexandria “Ally” Kostial, 21, was found by deputies on routine patrol in Harmontown, Mississippi, near Sardis Lake.

MBI called in to assist in death investigation of Ole Miss student

I would also think the ground on the scene would reveal clues as to whether or not the murder occurred where she was found or if it occurred elsewhere. Not knowing what evidence they have at this time makes it hard to speculate on what his team will end up coming up with. I'm hopeful there is too much to work around for them. I guess time will tell. **Edited to clarify: Hopeful that there is too much evidence for any concocted story to hold up to it.

I agree that cell phone pings will play a big part in this case as will any shell casings or lack thereof. I believe that the victim shaming process has already started with very veiled comments by the defense.

JMO MOO

 

[Quill]

I hope the tweets and social media have all been screen shot as my guess is that they will be in the ether soon if not already!

I saw several of the ones mentioned here being tweeted by members of the media when this was all breaking, so they are definitely available for future reference.

 

[Destini]

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?

 

[Quill]

Just putting this into the thread as there are some differences in MS that have already become evident watching this case.

https://courts.ms.gov/research/rules/msrulesofcourt/Rules of Criminal Procedure Post-070118.pdf

RE: Grand Jury - Process and Role

Grand Jury will be secret and Jurors must remain silent for 6 months after service is the way that I read the relevant section in the above document.

I think the 6 months is the term that the jurors are actually in service to the grand jury. They can be recalled at any time during that six months so it is important that they remain silent during the time they are obligated to be grand jurors.

 

[afitzy]

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?

I hoped that someone local might be able to better explain the Grand Jury process in MS as it relates to capital crimes as the charge listed on the arrest warrant is 'MURDER'.

I had posted the MS Criminal Procedure link previously but thought that a local atty or other legal professional might be able to explain it all a bit more clearly as many jurisdictions in the US do not follow the procedure that appears to be playing out in MS.

 

[Seattle1]

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?

Yes and no.

All states have provisions in their laws that allow for grand juries, but only about half of them including MS require grand jury indictments for certain serious crimes.

Otherwise Courts use preliminary hearings. As with grand juries, preliminary hearings are meant to determine whether there is enough evidence, or probable cause, to indict a criminal suspect.

Grand jury proceedings are kept secret (grand jurors take an oath to keep deliberations secret), and preliminary hearings are public.

MOO

ETA: add link - which states use criminal grand juries

Which States Use Criminal Grand Juries?

 

[Quill]

I hoped that someone local might be able to better explain the Grand Jury process in MS.

I had posted the MS Criminal Procedure link previously but thought that a local atty might be able to explain it all a bit more clearly as many jurisdictions in the US do not follow the procedure that appears to be playing out in MS.

I'm not a lawyer but after refreshing my memory reading about the process, it seems to me that we just utilize it here on a much more regular basis. All states can, but some do more than others. One reason may be that it gives witnesses that otherwise might be fearful coming forward a chance to give testimony in a safer manner and it also works in favor of a defendant who might be falsely accused in that the testimony given in grand jury is not public. I have seen several cases go to grand jury that have been pretty obvious cases..

**Edited to add, there is also this advantage to a grand jury for the prosecution...

If the grand jury chooses to indict, the trial will most likely begin faster. Without a grand jury indictment, the prosecutor has to demonstrate to the trial judge that she has enough evidence to continue with the case. However, with a grand jury indictment, the prosecutor can skip that step and proceed directly to trial.

 

[Elliot_Alderson]

He would have to produce text messages or some evidence to support that. The texts and calls on his phone and her phone are going to establish what was going on. And, of course, why would his drug dealer shoot her multiple times and let him go without a scratch? And if he was innocent, why would BT drive off and leave her body there, not call 911, and then chill and tweet about "You Dropped a Bomb on Me"? Wouldn't he think the drug dealer would be after him, so wouldn't he want the drug dealer arrested and charged with the murder immediately?

It's not like the prosecution is going to go to trial and have their lynchpin of evidence be "well, see, he tweeted what his favorite song of the summer is so he's guilty".

 

[JBMDC]

It's not like the prosecution is going to go to trial and have their lynchpin of evidence be "well, see, he tweeted what his favorite song of the summer is so he's guilty".

Of course not, but if his defense claims she was killed by someone else and he escaped, the fact that his phone and social media show no concern, would discredit that.

 

[Elliot_Alderson]

Of course not, but if his defense claims she was killed by someone else and he escaped, the fact that his phone and social media show no concern, would discredit that.

I get what you're saying. The thing is though, when he made the tweet about the song of the summer, the news was not out yet that she had been murdered or was missing (I think this is the case at least). If he had posted something concerning BEFORE anyone else was aware of what had transpired, that certainly makes him look a lot more guilty than posting some drivel about his summer jams. MOO.

I just want it to be known that I'm not defending this dolt either.

 

[Gsmithson]

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?

About half of the states require a grand jury indictment...just a google search away

 

[DD8]

Wondering how this little snot picks a song that's almost 40 years old to be his summer jam. Is there some current song with the same title that I'm too old to know about?

It must be getting airtime again lately. I actually heard it on the radio a few days before the news of his tweet.

 

[Seattle1]

It must be getting airtime again lately. I actually heard it on the radio a few days before the news of his tweet.

I recall around 2015 rappers, gangsters, and others adapting this song for their own references to inmates and a certain song lyric. MOO

 

[Gsmithson]

I hoped that someone local might be able to better explain the Grand Jury process in MS as it relates to capital crimes as the charge listed on the arrest warrant is 'MURDER'.

I had posted the MS Criminal Procedure link previously but thought that a local atty or other legal professional might be able to explain it all a bit more clearly as many jurisdictions in the US do not follow the procedure that appears to be playing out in MS.

I don’t know the exact procedure in MS but about half the states require a grand jury indictment before a crim case can proceed to trial. It’s more or less just a procedural step.

Fed cases are required to use a grand jury to be able to move forward with a criminal case (required under the 5th or 6th amendment, forget which one off the top of my head). So the process MS uses is actually very common.

Just google

 

[afitzy]

It must be getting airtime again lately. I actually heard it on the radio a few days before the news of his tweet.

Just seeing the version from 1982:
You Dropped A Bomb On Me
The Gap Band
You were the girl that changed my world
You were the girl for me
You lit the fuse, I stand accused
You were the first for me
But you turned me out baby (you dropped a bomb on me)
Baby, you dropped a bomb on me
But you turned me on baby (you dropped a bomb on me)
Baby, you dropped a bomb on me
You were my thrills, you were my pills
You dropped a bomb on me
You turn me out, you turn me on
You turned me loose then you turned me wrong
You dropped a bomb on me
Baby, you dropped a bomb on me
But you turned me out baby (you dropped a bomb on me)
Baby, you dropped a bomb on me
Just like Adam and Eve
Said you'd set me free
You took me to the sky, I'd never been so high
You were my pills, you were my thrills
You were my hope baby, you were my smoke
You dropped…

























Source: LyricFind

 

[Gsmithson]

I never said it was a good story, I just said I can see it coming. I can be pretty creative in finding answers to your questions, but of course, without knowing the evidence currently against him, it would be a moot point in pursuing. You also never know who is reading here.

They clearly have something cooked up by pleading not guilty and his father stating that his son didn't do it, don't you think? What are your ideas for his defense?

MOO but my best guess is that it’s going to be a not guilty by reason of insanity or mental defect plea. Unless we are missing some significant fact, there doesn’t seem to be any other course his attorneys would take by pleading not guilty.

Reasons for thinking this are because (as far as we know) BT’s attorneys haven’t filed to have him released on bail (very odd) and his attorneys have said he will plead not guilty. If you look at his mugshot compared with photos in the couple years leading up to it, I wouldn’t be surprised if he’s been taking some roids (all MOO!). Defense can use that in their mental defect plea, that he wasn’t in control of his actions etc.

JMO but it’s the path I would take if I were his defense attorney and he wasn’t willing to plead guilty

 

[Seattle1]

MOO but my best guess is that it’s going to be a not guilty by reason of insanity or mental defect plea. Unless we are missing some significant fact, there doesn’t seem to be any other course his attorneys would take by pleading not guilty.

Reasons for thinking this are because (as far as we know) BT’s attorneys haven’t filed to have him released on bail (very odd) and his attorneys have said he will plead not guilty. If you look at his mugshot compared with photos in the couple years leading up to it, I wouldn’t be surprised if he’s been taking some roids (all MOO!). Defense can use that in their mental defect plea, that he wasn’t in control of his actions etc.

JMO but it’s the path I would take if I were his defense attorney and he wasn’t willing to plead guilty

BT wouldn't be the first to attempt this defense but as you likely know, most fail to prove the second of two part test for mental defect plea.

The M’Naghten (MS applicable) insanity defense is cognitive and focuses on the defendant’s awareness, rather than the ability to control conduct.

The defense requires two elements. First, the defendant must be suffering from a mental defect at the time he or she commits the criminal act. The mental defect can be called a “defect of reason” or a “disease of the mind,” depending on the jurisdiction (Iowa Code, 2010).

Second, the trier of fact must find that because of the mental defect, the defendant did not know either the nature and quality of the criminal act or that the act was wrong.

The terms “defect of reason” and “disease of the mind” can be defined in different ways, but in general, the defendant must be cognitively impaired to the level of not knowing the nature and quality of the criminal act, or that the act is wrong. Some common examples of mental defects and diseases are psychosis, schizophrenia, and paranoia.

6.1 The Insanity Defense | Criminal Law

 

[Gsmithson]

BT wouldn't be the first to attempt this defense but as you likely know, most fail the second of two part test for mental defect plea.

The M’Naghten (MS applicable) insanity defense is cognitive and focuses on the defendant’s awareness, rather than the ability to control conduct.

The defense requires two elements. First, the defendant must be suffering from a mental defect at the time he or she commits the criminal act. The mental defect can be called a “defect of reason” or a “disease of the mind,” depending on the jurisdiction (Iowa Code, 2010).

Second, the trier of fact must find that because of the mental defect, the defendant did not know either the nature and quality of the criminal act or that the act was wrong.

The terms “defect of reason” and “disease of the mind” can be defined in different ways, but in general, the defendant must be cognitively impaired to the level of not knowing the nature and quality of the criminal act, or that the act is wrong. Some common examples of mental defects and diseases are psychosis, schizophrenia, and paranoia.

6.1 The Insanity Defense | Criminal Law

Oh I know how hard it is to succeed on that, I never said it would work. Just that I saw it as the only viable the defense had outside of pleading guilty. That is an area though where the defense counsel is so important - that’s why the fact that BT has such high profile and seasoned attorneys is the only thing stopping this from being an open and shut case. IMO

A strategy for the defense could be to take that to trial and as long as there appears to be the slightest chance that the jury might find for BT on the ground of not guilty by reason of mental defect etc, then the defense can negotiate a much more favorable plea deal with the DA than they would get if they tried to negotiate now since the DA isn’t going to want to risk losing. Again, all MOO

 

[Seattle1]

Oh I know how hard it is to succeed on that, I never said it would work. Just that I saw it as the only viable the defense had outside of pleading guilty. That is an area though where the defense counsel is so important - that’s why the fact that BT has such high profile and seasoned attorneys is the only thing stopping this from being an open and shut case. IMO

A strategy for the defense could be to take that to trial and as long as there appears to be the slightest chance that the jury might find for BT on the ground of not guilty by reason of mental defect etc, then the defense can negotiate a much more favorable plea deal with the DA than they would get if they tried to negotiate now since the DA isn’t going to want to risk losing. Again, all MOO

BT has been locked up for 2 weeks now and I can only imagine his high profile, seasoned team must be promising him all sorts of things to keep him calm, happy, and free of threatening to burn the jail down!

 

[afitzy]

BT has been locked up for 2 weeks now and I can only imagine his high profile, seasoned team must be promising him all sorts of things to keep him calm, happy, and free of threatening to burn the jail down!

Are they keeping him in jail to keep him safe?

Trying to figure out why no bail hearing?

With the Grand Jury is the hearing just the DA/State presenting evidence or are Defense atty's allowed to be present?

I'm used to seeing preliminary hearing with both parties present so Grand Jury process is not familar. Sorry in advance for the question to those that are familiar.

Or, do they have to wait for Grand Jury to come back with charges before doing bail?

Or is State fearful of flight risk and that is why suspect hasn't had bail hearing?