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

[MemPat]

I'm always happy to give some insight on Oxford, MS! You really get to know a town when you live there for 5 years. Though sometimes, especially recently, people have negative opinions regarding OX, it really is an amazing town. Plus I bartended on The Square for awhile so if anyone has questions about that area of town (Funkys for example) I can try to answer them.
I'm not sure if ya'll have seen this screenshot yet but I'll go ahead and send it.

shess, welcome to WS.

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[Seattle1]

I'm always happy to give some insight on Oxford, MS! You really get to know a town when you live there for 5 years. Though sometimes, especially recently, people have negative opinions regarding OX, it really is an amazing town. Plus I bartended on The Square for awhile so if anyone has questions about that area of town (Funkys for example) I can try to answer them.
I'm not sure if ya'll have seen this screenshot yet but I'll go ahead and send it.

There's video surveillance in police possession of BT and AK at the gas pumps at a Market Deli in Como --not far from Burford's Ridge.

If she was not shot at Buford's Ridge, she must have been shot near by since she was still alive when they stopped at Como (on their way to Buford's Ridge).

 

[shess23]

Yeah I've seen the surveillance videos at the market. A news station here in ST. LOUIS mentioned the memorial on the picnic table in Buford's Ridge and included this photo of the picnic table.

A lot of rumors that have been going around in Oxford since they first announced finding the body have been found to be true or likely to be true. There are so many screenshots of things involving the case in my group text with my Ole Miss friends. It's such a small town so everyone knows someone who's linked to the trial.

This could be the defense for the man accused of killing Ole Miss student Ally Kostial
^^link to article I was referring to

 

[Seattle1]

@shees23 -- this is a good progression of the lawyers comments up to the comments of 9/24/19 and hints at BT's mental incompetence. I've made a lengthy post about why I don't believe they will ever meet the burden of proof.

@MelodyLane -- Thanks for update from BT's counsel, and welcome on board!

We can see the progression of their strategy by following defense comments to date.

Just days before bond hearing (withdrawn and psych eval requested), defense counsel had this to say about BT:

Aug 19, 2019

“He’s tried to remain upbeat. He certainly understands what’s going on. He’s been very candid with us about what’s going on, and the facts of the case, and what occurred on the day in question. It’s a very trying situation for him. I think overwhelming at times but he’s trying to maintain a positive attitude," Tony Farese said.

Suspect charged in Ole Miss student’s death to have bond hearing on Thursday

July 27, 2019 video comments by BT attorney:

Brandon Theesfeld lays out days leading up to murder of Ole Miss student to attorneys

Aug 22, 2019 video comments by BT attorney:

Brandon Theesfeld's attorney Tony Farese

 

[Quill]

This could be the defense for the man accused of killing Ole Miss student Ally Kostial
^^link to article I was referring to

This quote from BT's counsel in the linked article kills me.

Since then, people claiming to know Theesfeld have come forward describing him as “arrogant,” “misogynistic,” and “verbally abusive.”

“I would disagree with those characterizations,” said Theesfeld’s attorney Tony Farese. “The people who have responded in the blogs are, in my opinion, people who did not know Brandon.”

It is much more likely that the people describing BT as “arrogant,” “misogynistic,” and “verbally abusive” probably knew a different side of him or the "real" BT and it is just so strategic to say that they didn't really know him.

 

[Momof4RN]

This quote from BT's counsel in the linked article kills me.



It is much more likely that the people describing BT as “arrogant,” “misogynistic,” and “verbally abusive” probably knew a different side of him or the "real" BT and it is just so strategic to say that they didn't really know him.

Agree. Would like for the attorney to show one person who did not have this impression of BT (that is not family). Where r all those people that did know him? I’ve yet to hear a single good thing about him. Not a single person coming to his defense. That’s telling. If he was well liked and respected we would have heard from past and current friends disputing the claims. Not to mention that AK had several friends who also spoke to his unpleasant and verbally abusive character and i’m Certain they did know BT so I believe them. Moo

 

[Momof4RN]

Ally on the other hand was clearly loved and respected by soooo many. That, Mr Farese, you can not dispute.

Remembering Ally

 

[Momof4RN]

From the beginning, BT's lawyer said they had no comment about another suspect. His lawyers understand LE isn't looking for anybody else, and BT's defense are certainly not complaining there's a killer lose in the community.

For insanity plea - it's usually presented as "Not Guilty by reason of insanity" (i.e., I likely did it but I was insane).

MS, like most states, uses M’Naghten insanity defense approved by the United States Supreme Court where defendant must prove by clear and convincing evidence that, due to mental illness, they did not know their actions were wrong.

It's very easy for a defendant to claim they were insane, crazy, under the influence, etc. at the time they committed the crime, but the burden to prove a defendant criminally or M'Naghten insane is very high -- and seldom met.

(For example, everybody that ever examined James Holmes [Aurora movie theater shooter] agreed he was insane-- but the court found he was not insane enough (i.e., M'Naghten insane).

By all accounts, BT was not viewed in the days/weeks prior to July 20, 2019 exhibiting criminally insane behavior. To my knowledge, he was not hospitalized, etc. leading up to the murderous act. Criminal insanity doesn't come upon you one morning, and gone the next. I have no fear that his defense could ever meet M'Naghten insanity defense burden required in the MS court.

At best, these skilled attorneys may be trying for mitigating factors to explain why BT fired 8 bullets into Ally, and fled the state. (Fleeing state more evidence he knew his actions wrong). MOO

ETA: Attached at link is a good MS case to reference for insanity defense.
(KEIR D. SANDERS vs State of Mississippi). Documented history of mental illness.

Defendant committed two murders, and jury found defendant not guilty by reason of insanity for one murder, and guilty on the second murder.

Here the Jury did not completely understand M'Naghten, and sent a question to Judge that went answered, hence not guilty verdict. Nonetheless - Sanders was sentenced to prison for life without possibility of parole. (The not guilty for reason of insanity penalty suspended).

https://courts.ms.gov/images/Opinions/CO68102.pdf

Agree with you here on all aspects. I just find his attorney to be very conflicted, which is going to make his argument for insanity even More difficult. You can’t insist your client is innocent and everyone so far is wrong in their impression of him and then say he’s insane. Which is it? Is he a great guy who would never hurt anyone or is he crazy? Moo

 

[JudgeJoe]

Ally on the other hand was clearly loved and respected by soooo many. That, Mr Farese, you can not dispute.

Remembering Ally

That’s a great article. Ally’s remarkable contributions to the world remind me of Mollie T. The legacy of each is incredible for only having 20 years on the planet to leave such a mark.

I love that there will be a campus yoga studio dedicated in her name.

From the article...
In the week following the service, the Associated Student Body Senate unanimously voted to pass a resolution recognizing Kostial for her ‘immense contributions to the University of Mississippi and the powerful legacy she will leave behind.’

The ASB’s resolution stated, “Kostial was an integral member of the Ole Miss student body, positively impacting countless students through her service to the University, many personal relationships, and exemplary embodiment of the Ole Miss Creed, she will be missed and remembered fondly by all members of the Ole Miss family.”

 

[MemPat]

Agree with you here on all aspects. I just find his attorney to be very conflicted, which is going to make his argument for insanity even More difficult. You can’t insist your client is innocent and everyone so far is wrong in their impression of him and then say he’s insane. Which is it? Is he a great guy who would never hurt anyone or is he crazy? Moo

Give it up, Farese.

If Thomas Gilbert, Jr.'s lawyer couldn't make a case for his insanity, Brandon is sunk.

Because TG asked his mom to go out and get him a drink while he killed his father, he didn't make the "I'm crazy" cut.

Look at all the complicated thinking Brandon did before and after Ally's murder. Sunk, I say!!

 

[claudianunes]

This is going to be really hard on Ally's family until the very end.

 

[shess23]

This is going to be really hard on Ally's family until the very end.

Completely agree. Not only did their daughter die but she was murdered by someone she thought she loved and that person's (theesfeld) attorneys will drag her through the dirt

 

[Dirtysockx]

He just pled not guilty, does this mean his mental evaluation came back clean?

 

[mocity]

Man accused of killing Ole Miss student Ally Kostial pleads not guilty to murder

 

[jeni25]

Man accused of killing Ole Miss student Ally Kostial pleads not guilty to murder

Oh, the look BT has on his face while seated and waiting to plea. Getting real...

 

[MsArk]

Oh, the look BT has on his face while seated and waiting to plea. Getting real...

Exactly! Not looking too good did he?

 

[Seattle1]

He just pled not guilty, does this mean his mental evaluation came back clean?

Couldn't put off the arraignment forever....

In August Theesfeld’s defense team asked for a bond hearing but changed their request after a meeting with prosecutors, instead telling a judge they wanted a mental evaluation for their client at the state’s hospital near Jackson.

Attorney Tony Farese declined to answer any questions Monday about the case or the status of the mental evaluation for his client.

Kostial’s family attended the arraignment, but did not speak with reporters afterward.

Theesfeld’s next court date has not been set.

Man accused of killing Ole Miss student Ally Kostial pleads not guilty to murder

 

[Seattle1]

BT has been incarcerated for more than 2 months.

I'm actually very surprised at BT's long hair as seen at today's hearing!

Is this unique to MS or is it "the privilege of BT" coming through?

Typically -along with no beards, and trimmed mustaches, inmates have short or shaved/crew cut hair style.

 

[Quill]

BT has been incarcerated for more than 2 months.

I'm actually very surprised at BT's long hair as seen at today's hearing!

Is this unique to MS or is it "the privilege of BT" coming through?

Typically -along with no beards, and trimmed mustaches, inmates have short or shaved/crew cut hair style.

I think its just because he is in a county facility at this point. But I am not actually sure if MS inmate's heads are shaved.

 

[Momof4RN]

Brandon Theesfeld’s attorney talks about what’s next after ‘not guilty’ plea

From the article:

Tony Farese said the mental hospital needs all the discovery from the state before they can evaluate a patient, so the evaluation currently awaits the process.
“There were a lot of forensic exams in this particular case and it’s my understanding from the DA’s office that that’s what they’re waiting on before they send those required documents to the state hospital,” Farese said.
....
“Right now for us, everything’s on the table at this point,” Farese said.