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

[Seattle1]

Kendall Downing‏Verified account @kendall_downing
NOW: Defense attorneys WITHDRAWING request for bond hearing asking for psych evaluation for Theesfeld @WMCActionNews5

7:04 AM - 22 Aug 2019 pt

 

[Seattle1]

Kendall Downing‏Verified account @kendall_downing
Ally’s cousin now reading a family statement @WMCActionNews5

7:22 AM - 22 Aug 2019 PT

 

[Seattle1]

Kendall Downing‏Verified account @kendall_downing
DA Ben Creekmore says they met with defense attorneys yesterday ahead of this hearing and then today defense withdrew bond hearing request @WMCActionNews5

7:24 AM - 22 Aug 2019 PT

 

[Seattle1]

Lawyers for Ole Miss Student Accused of Killing Classmate Ask For Psychiatric Evaluation

In court on Thursday, attorneys for the University of Mississippi student accused of killing his classmate requested he undergo a psychiatric evaluation at a state hospital.

Tony Farese, an attorney for murder suspect Brandon Theesfeld, also withdrew a request for bond, saying he was doing so because he “obtain[ed] some new information.”

Theesfeld, 22, is accused of murdering Ally Kostial, who was 21 when she was found dead on July 20 near a lake after being shot eight times. Kostial’s friends have said the pair had a “complicated” relationship that was romantic at times.

In court, Theesfeld affirmed he understood he will remain incarcerated after his lawyer withdrew his request for bond.

Prosecutors agreed to the request that he undergo a psychiatric evaluation.

 

[Seattle1]

Kayla Thompson‏ @KThompsonTV
Friends of Ally Kostial have line up outside of the courthouse to “make this day about Ally.” @wtva9news

7:11 AM - 22 Aug 2019 PT

 

[Seattle1]

These loyal friends are making sure to keep Ally Kostial's memory alive.

Known as "Ally's Army," the band of young women gathered outside the county courthouse in Oxford, Mississippi, holding posters to celebrate the Ole Miss college student whose life was cut short.


Brandon Theesfeld, 22, who attended college with Kostial, is charged with murder in her death. Theesfeld's attorneys have said their client plans to plead not guilty.

In the front row for the court hearing? Ally's Army, decked out in pink, Kostial's favorite color.

[...]

On Thursday, Theesfeld's attornerys withdraw a bond request and filed a new request for a mental evaluation. It's not clear what precipitated that move.

Theesfeld maintains his innocence, and his parents and two sisters sat in court behind him for the hearing.

Kostial's parents were there too. Her cousin Kristi Kelley read a statement on their behalf.

“Our hearts go out to all those touched by Ally’s positive spirit and passion for life who are now feeling sorrow," she said. "We pray for strength in the coming days and are grateful for the friends, neighbors, coworkers and many others who have supported us." bbm

Meet Ally's Army, the Young Women in Pink Supporting Slain Ole Miss Student

 

[Seattle1]

Man Accused Of Killing Ole Miss Student Ally Kostial Requests Psych Evaluation

8/22/19

Brandon Theesfeld, 22, appeared in court Thursday, August 22, in what was expected to be a bond hearing; however, after receiving “new information” Theesfeld’s attorney withdrew the request for bond and asked instead for a mental evaluation for his client.

“We received some new information yesterday, we reviewed that information with Brandon, his family and the defense team…and it was our collective decision that it was in Brandon’s best interest for us to withdraw our request for bond at this time,” attorney Tony Farese said later of the decision after the brief hearing, according to the Mississippi Clarion Ledger.

Farese declined to say what the “new information” might be.

After prosecutors agreed with the request, Theesfeld was granted the evaluation, which is expected to take place at the Mississippi State Hospital, The New York Post reports.

It's unclear when the evaluation will take place.

"We have problems at the state hospital, we're backed up, and we will be one of many people waiting for an evaluation," Farese said. "Unfortunately, that is a problem in our system in Mississippi but we'll work through that and get in line and they will get us evaluated as soon as possible."

[...]

Lafayette County District Attorney Ben Creekmore said the investigation into Kostial’s death is ongoing, however, they hope to have enough evidence to bring before a grand jury next week, according to the Mississippi Clarion Ledger.

At Thursday’s hearing, Theesfeld’s parents and sister were in court to show their support to the 22-year-old.

"Of course they love him very much, they're distraught in seeing him under these circumstances, but they're supportive, they love him and he knows that and they know he loves them," Farese said, according to the local paper.

 

[Seattle1]

Defense wants psychological eval for Brandon Theesfeld, suspect in Ally Kostial's slaying

8/22/19

The hearing was brief, with Theesfeld's attorney, Tony Farese, requesting the bond request be waived and a mental evaluation be ordered in light of "new information."

Howorth noted that, with the waived request, Theesfeld would "remain incarcerated."

Theesfeld remained quiet throughout the hearing, only saying "Yes Sir" when Farese asked him to confirm his understanding of the proceedings.

Speaking with media after the hearing adjourned, Farese said, "We received some new information yesterday, we reviewed that information with Brandon, his family and the defense team...and it was our collective decision that it was in Brandon's best interest for us to withdraw our request for a bond at this time.


"We are requesting a psychological evaluation and we're having an agreed order prepared right now so that Brandon will be evaluated at the state hospital."

Farese declined to elaborate on what the "new information" may be, saying he was "restricted" on what he could say pending a criminal trial.

[...]

A grand jury in Lafayette County convenes next week, Farese said. He did not know if Theesfeld's case would be presented then.

Farese, speaking of Lafayette County District Attorney Ben Creekmore, said, "that will be their decision...we'll have to go from there. We don't have the right to stop that."

[...]

Due to the caseload at Mississippi State Hospital at Whitfield, it is unknown when Theesfeld will be evaluated, therefore pushing back any would-be trial date. Farese said their request would probably be expedited but "there's no way of knowing."

[...]

But friends and family of Kostial's said Thursday wasn't about Theesfeld. Over a dozen of her friends of attended the hearing, with some gathering afterward on the courthouse lawn. Holding signs, demanding "Justice for Ally," they wanted people to know about the "bright light" their friend was.

They declined to talk about Theesfeld's hearing, with friend Morgan Hull saying, "we're trying to make this day about her and justice for her."

 

[Seattle1]

Therese Apel‏Verified account @TRex21
These young women are wearing pink and carrying their signs in honor of Ally today. They’ve got plans on how they can continue her memory for years to come.

8:41 AM - 22 Aug 2019 PT

 

[Seattle1]

Therese Apel‏Verified account @TRex21
Media is in the balcony, but we ARE in the courtroom.

6:36 AM - 22 Aug 2019 PT

Kendall Downing‏Verified account @kendall_downing
That’s defense attorney Steve Farese talking with the Theesfeld family @WMCActionNews5

6:36 AM - 22 Aug 2019

 

[Seattle1]

Therese Apel‏Verified account @TRex21
The front row is full of Ally’s friends, and protesters outside hold signs that say, “Justice for Ally.”

6:53 AM - 22 Aug 2019 pt

@TRex21
Kostial family arriving now.

6:55 AM - 22 Aug 2019

Therese Apel‏Verified account @TRex21
Theesfeld family on the other side.

6:55 AM - 22 Aug 2019

Therese Apel‏Verified account @TRex21
Defense just withdrew request for bond, saying Theesfeld needs a psychological evaluation.

7:04 AM - 22 Aug 2019

 

[JudgeJoe]

Defense wants psychological eval for Brandon Theesfeld, suspect in Ally Kostial's slaying

8/22/19

The hearing was brief, with Theesfeld's attorney, Tony Farese, requesting the bond request be waived and a mental evaluation be ordered in light of "new information."

Howorth noted that, with the waived request, Theesfeld would "remain incarcerated."

Theesfeld remained quiet throughout the hearing, only saying "Yes Sir" when Farese asked him to confirm his understanding of the proceedings.

Speaking with media after the hearing adjourned, Farese said, "We received some new information yesterday, we reviewed that information with Brandon, his family and the defense team...and it was our collective decision that it was in Brandon's best interest for us to withdraw our request for a bond at this time.


"We are requesting a psychological evaluation and we're having an agreed order prepared right now so that Brandon will be evaluated at the state hospital."

Farese declined to elaborate on what the "new information" may be, saying he was "restricted" on what he could say pending a criminal trial.

[...]

A grand jury in Lafayette County convenes next week, Farese said. He did not know if Theesfeld's case would be presented then.

Farese, speaking of Lafayette County District Attorney Ben Creekmore, said, "that will be their decision...we'll have to go from there. We don't have the right to stop that."

[...]

Due to the caseload at Mississippi State Hospital at Whitfield, it is unknown when Theesfeld will be evaluated, therefore pushing back any would-be trial date. Farese said their request would probably be expedited but "there's no way of knowing."

[...]

But friends and family of Kostial's said Thursday wasn't about Theesfeld. Over a dozen of her friends of attended the hearing, with some gathering afterward on the courthouse lawn. Holding signs, demanding "Justice for Ally," they wanted people to know about the "bright light" their friend was.

They declined to talk about Theesfeld's hearing, with friend Morgan Hull saying, "we're trying to make this day about her and justice for her."

I wonder what “new information” they could possibly be referring to that would prompt withdrawal of bond & request for psych eval. What stunt are they pulling?

 

[MemPat]

I wonder what “new information” they could possibly be referring to that would prompt withdrawal of bond & request for psych eval. What stunt are they pulling?

I would expect the DA revealed that Ally's blood was found on Brandon's clothes in the car and that the murder weapon was there as well. And who knows what Brandon confessed on the drive back from Memphis?

Of course, they would have revealed something strong to keep him from being bonded out what with that proclivity for shooting up Ole Miss coeds who get sideways with him.

As we've all said before, when an insanity defense is all you've got, you go with it. If nothing else it buys time until public sentiment dies down.

Don't you bet they decide to reveal all the craziness from Brandon's youth, the stuff they paid good money to hide so as not to "ruin the boy's future"?

Prison in Mississippi is no picnic in the park so I'm sure the family would prefer to have him making baskets in the State Hospital while he works on his degree and detoxes!

MOO

 

[drama_farmer]

I wonder what “new information” they could possibly be referring to that would prompt withdrawal of bond & request for psych eval. What stunt are they pulling?

My guess is that defense and prosecutor are working out some form of a plea agreement. That could be the new information... The prosecutor may have indicated they are willing to discuss that.

I would hazard a guess that the psych eval is to ensure that the defendant is competent to make an informed decision with regards to a plea of some sort. IMO MOO

 

[Momof4RN]

My guess is that defense and prosecutor are working out some form of a plea agreement. That could be the new information... The prosecutor may have indicated they are willing to discuss that.

I would hazard a guess that the psych eval is to ensure that the defendant is competent to make an informed decision with regards to a plea of some sort. IMO MOO

Plea before the GJ indictment? Does that happen? Seems premature.

 

[borndem]

I wonder what “new information” they could possibly be referring to that would prompt withdrawal of bond & request for psych eval. What stunt are they pulling?

Dunno, but I guess the defense doesn't want to mix their signals.

• They can't put a cray-cray nut out there on bail, so he stays in his little home away from home.

• OTOH, if he is sane, then he is guilty.

JMO.

 

[Seattle1]

I wonder what “new information” they could possibly be referring to that would prompt withdrawal of bond & request for psych eval. What stunt are they pulling?

Many issues are at play here: first, the legal team needed time to assemble, and defense failed to make motion for bond hearing before case was sealed and defense wanted the hearing to make record before grand jury. (I also don't believe BT has a chance to be released on bail).

Next, BT's dad made statement that information would reveal his son not guilty.

BT's lawyer made statement a few days ago that BT is upbeat, and has been candid with his lawyers about the week and date of Ally's murder.

I believe the legal team had their own investigators working the streets in advance of Grand Jury set to convene next week. I believe there's a good chance that Defense investigators uncovered much info not previously revealed to defense by BT, and they must feel that BT is believing his own lies, and want him evaluated to determine whether or not he is competent to assist in his own defense.

This high power legal firm has a reputation to protect long after BT is sentenced and gone.....

Defense probably also broke the news to dad that whatever story BT told him was not true.

It's much easier to say a defendant is incompetent than to prove not guilty by reason on insanity. I believe defense is working on a guilty plea deal that will focus on their clients disordered personality to save the reputation of the parents, defendant, and the law firm -- they can all blame Brandon's psyche versus what has already been said about this entitled, bad to the bone dude.

MOO

ETA: The court approved psych eval is for the protection of all. If his defense lawyers don't find him credible, and said nothing about it, BT could make claim for new trial, etc. Unfortunately, this eval is going to delay justice as we all were warned by the Judge that there's a backlog at MS mental hospital.

 

[MemPat]

Many issues are at play here: first, the legal team needed time to assemble, and defense failed to make motion for bond hearing before case was sealed and defense wanted the hearing to make record before grand jury. (I also don't believe BT has a chance to be released on bail).

Next, BT's dad made statement that information would reveal his son not guilty.

BT's lawyer made statement a few days ago that BT is upbeat, and has been candid with his lawyers about the week and date of Ally's murder.

I believe the legal team had their own investigators working the streets in advance of Grand Jury set to convene next week. I believe there's a good chance that Defense investigators uncovered much info not previously revealed to defense by BT, and they must feel that BT is believing his own lies, and want him evaluated to determine whether or not he is competent to assist in his own defense.

This high power legal firm has a reputation to protect long after BT is sentenced and gone.....

Defense probably also broke the news to dad that whatever story BT told him was not true.

It's much easier to say a defendant is incompetent than to prove not guilty by reason on insanity. I believe defense is working on a guilty plea deal that will focus on their clients disordered personality to save the reputation of the parents, defendant, and the law firm -- they can all blame Brandon's psyche versus what has already been said about this entitled, bad to the bone dude.

MOO

ETA: The court approved psych eval is for the protection of all. If his defense lawyers don't find him credible, and said nothing about it, BT could make claim for new trial, etc. Unfortunately, this eval is going to delay justice as we all were warned by the Judge that there's a backlog at MS mental hospital.

I remember how Farese made Mary Winkler into a pathetic waif who barely knew who she was by the time of her trial.

It will be interesting to see cocky Brandon turned into something quite different by trial time.

I hope his friends made lots of videos of him that can show the contrast of then and now.

 

[afitzy]

Defense wants psychological eval for Brandon Theesfeld, suspect in Ally Kostial's slaying

8/22/19

The hearing was brief, with Theesfeld's attorney, Tony Farese, requesting the bond request be waived and a mental evaluation be ordered in light of "new information."

Howorth noted that, with the waived request, Theesfeld would "remain incarcerated."

Theesfeld remained quiet throughout the hearing, only saying "Yes Sir" when Farese asked him to confirm his understanding of the proceedings.

Speaking with media after the hearing adjourned, Farese said, "We received some new information yesterday, we reviewed that information with Brandon, his family and the defense team...and it was our collective decision that it was in Brandon's best interest for us to withdraw our request for a bond at this time.


"We are requesting a psychological evaluation and we're having an agreed order prepared right now so that Brandon will be evaluated at the state hospital."

Farese declined to elaborate on what the "new information" may be, saying he was "restricted" on what he could say pending a criminal trial.

[...]

A grand jury in Lafayette County convenes next week, Farese said. He did not know if Theesfeld's case would be presented then.

Farese, speaking of Lafayette County District Attorney Ben Creekmore, said, "that will be their decision...we'll have to go from there. We don't have the right to stop that."

[...]

Due to the caseload at Mississippi State Hospital at Whitfield, it is unknown when Theesfeld will be evaluated, therefore pushing back any would-be trial date. Farese said their request would probably be expedited but "there's no way of knowing."

[...]

But friends and family of Kostial's said Thursday wasn't about Theesfeld. Over a dozen of her friends of attended the hearing, with some gathering afterward on the courthouse lawn. Holding signs, demanding "Justice for Ally," they wanted people to know about the "bright light" their friend was.

They declined to talk about Theesfeld's hearing, with friend Morgan Hull saying, "we're trying to make this day about her and justice for her."

Does anyone think the 'new information' could have been final confirmation of AK pregnancy from coroner or DA stating that they would add additional charges for the unborn fetus?

What else could have prompted the withdrawl of bail request?
MOO

 

[afitzy]

Plea before the GJ indictment? Does that happen? Seems premature.

You have to wonder though if the forensic evidence in this case is simply overwhelming too?

Do we think that the forensic work has been done yet by the MS Lab and perhaps that was what was shared with the defense that resulted in them being 'forced' to go the psych route?

Still trying to figure out what the 'new information' could be that Defense mentioned yesterday.