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

[shess23]

Like someone said before, it will be a hard case for the Kostial family till the end. My cousin, Katee Hessler, was murdered in 2001 and my aunt, uncle, and 2 cousins (one who's my godmother) had the ability to stand up in court and say their peace to murderer.. I hope sometime soon the Kostial family will be able to do the same cause till then there is no moving on

 

[JBMDC]

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.

Why would the state hospital need all the forensic evidence to do a psychiatric examination?

 

[borndem]

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.

<modsnip: screenshots not allowed>

Welcome to Websleuths,
shess23 !!
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We're always glad to have a "local" on these threads, and glad you have jumped right in here with us!

I'd like to know a little about Funkys and that general area. Is Funkys just the typical college student hangout? A pub-type place, safe, no roughness, no troublemakers? Are there a lot of favorite hangouts, or are there just a few?
Just wondering how much Ally would have to look around to find (or hide from) BT?

 

[borndem]

Why would the state hospital need all the forensic evidence to do a psychiatric examination?

My guess is that they want to try to put together what happened forensically to see if there was logic and rational actions in what the forensics might show or suggest, that what the defendant did before and after the crime shows presence of mind and sound thinking and actions. If this can be seen, it should show that the defendant did know that what he did was wrong, thus boosting the M'Naghten Rule to show sanity and mental soundness. JMO.

 

[Seattle1]

Why would the state hospital need all the forensic evidence to do a psychiatric examination?

From what I recall from other trials - the State forensic info is not necessarily a factor for completing "insanity evaluation" but applies more to defendant's ability to assist counsel with his defense.

For example -- this request for mental evaluation by his lawyers was essentially decided overnight, allegedly based on information defense just became aware of.

It's possible that (in all his arrogance) BT provided his counsel information about the events of the crime that were found not supported by the evidence -- including the results from State's exam of evidence, and defense re-examination of the evidence.

Defense may be in the position where BT believes his own lies (conveniently).

MOO

 

[Seattle1]

My guess is that they want to try to put together what happened forensically to see if there was logic and rational actions in what the forensics might show or suggest, that what the defendant did before and after the crime shows presence of mind and sound thinking and actions. If this can be seen, it should show that the defendant did know that what he did was wrong, thus boosting the M'Naghten Rule to show sanity and mental soundness. JMO.

I completely agree -- yet from the basic reporting thus far, it's near guarantee he does not come close to meeting the standard under M'Naghten. Very few defendants ever meet insanity defense.

I do think his defense is concerned about BT's ability to assist with his defense (and not because he's criminally insane). MOO

 

[borndem]

I wonder how much BT's dad knows about the actual crime and what BT has said about it. And "new evidence," bah, humbug.
What has BT told his dad and his attorneys? Did he tell them the truth? <gag>
BT has got a hard, thick wall to burst through, to convince them (and a jury ) that he didn't do it, IMO. But I keep forgetting that BT is the smartest one in the room...

Does anyone hear Alford Plea??

 

[Seattle1]

I wonder how much BT's dad knows about the actual crime and what BT has said about it. And "new evidence," bah, humbug.
What has BT told his dad and his attorneys? Did he tell them the truth? <gag>
BT has got a hard, thick wall to burst through, to convince them (and a jury ) that he didn't do it, IMO. But I keep forgetting that BT is the smartest one in the room...

Does anyone hear Alford Plea??

I wouldn't be surprised if BT didn't tell dad and his lawyers the same thing -- lies!

I recall BT's dad's first comments to media were 'his son was not guilty, and just wait for the facts to come out.'

Oh - and not to forget "read the constitution."

However, let's also not forget defense is certainly not touting that a killer is loose, and why aren't the police looking for him/her.

MOO

 

[afitzy]

Why would the state hospital need all the forensic evidence to do a psychiatric examination?

Is this a 'fishing expedition' by the defence to get early access to States evidence? Sounds like a manoeuvre to me! It makes sense that the doctors doing the evaluation will need some material to do their work, but everything?!?

MOO

 

[borndem]

Is this a 'fishing expedition' by the defence to get early access to States evidence? Sounds like a manoeuvre to me! It makes sense that the doctors doing the evaluation will need some material to do their work, but everything?!?

MOO

The defense will get whatever the prosecution has through the process of "discovery."

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Discovery: What and When the Prosecution Must Disclose - Nolo

https://www.nolo.com › legal-encyclopedia › what-when-the-prosecution-m...

 

[Betty P]

Is this a 'fishing expedition' by the defence to get early access to States evidence? Sounds like a manoeuvre to me! It makes sense that the doctors doing the evaluation will need some material to do their work, but everything?!?

MOO

Slightly O/T, but we're seeing defense attorneys do this in the current trials of the 4 Wagners (and grandmother accomplices) for the Rhoden Family Murders. Defense has been making a lot of pretrial motions to get early access to state's evidence, even trying to get them to reveal info about grand jury proceedings.

Our theory is that they're trying to reveal and publicly cast doubt on some of the state's evidence before the trial. Possibly tainting the jury pool, shaping public opinion.

 

[borndem]

Slightly O/T, but we're seeing defense attorneys do this in the current trials of the 4 Wagners (and grandmother accomplices) for the Rhoden Family Murders. Defense has been making a lot of pretrial motions to get early access to state's evidence, even trying to get them to reveal info about grand jury proceedings.

Our theory is that they're trying to reveal and publicly cast doubt on some of the state's evidence before the trial. Possibly tainting the jury pool, shaping public opinion.

The judge needs to put a "gag order" on this thing -- it's not fair to either side to try the case in the public media.
Yes, indeed, this would make finding truly unbiased jurors very difficult, thereby assuring a change of venue.
Grrrrr.

 

[Seattle1]

Is this a 'fishing expedition' by the defence to get early access to States evidence? Sounds like a manoeuvre to me! It makes sense that the doctors doing the evaluation will need some material to do their work, but everything?!?

MOO

No, I don't think this is a fishing expedition for early access to States evidence.

Criminal discovery is ongoing -- exculpatory evidence in prosecutors possession and/or control is required turned over.

The evaluation hasn't taken place yet, and won't begin without the States forensic exam results.

Reportedly, according to the DA - there were a lot of forensic exams, and the State is awaiting their results.

I'm sure the DA is eager to pass on the results not to delay BT's mental evaluation at a facility already known to have a significant back up.

MOO

 

[imstilla.grandma]

Bringing in some links from three weeks ago. Probable duplicates. Trying to read up. May have chronologically copied these from old to new.
Accused killer pleads not guilty in Ole Miss student’s murder

Man charged with killing Ole Miss student from St. Louis pleads not guilty

Kinne, Theesfeld Enter Not Guilty Pleas - HottyToddy.com

Brandon Theesfeld pleads not guilty in death of Ole Miss student Ally Kostial

Fort Worth Native Brandon Theesfeld Pleads 'Not Guilty' To Capital Murder Of Ole Miss Student Ally Kostial

https://www.oxfordeagle.com/2019/09...ads-not-guilty-in-the-murder-of-ally-kostial/

https://www.magnoliastatelive.com/2...ller-appears-in-court-denies-he-killed-co-ed/

Texas man denies guilt in death of Ole Miss coed

BREAKING: Ally Kostial murder suspect Brandon Theesfeld pleads NOT guilty after lawyers ask for psych evaluation [VIDEO]

Suspect in murder of Ole Miss student Ally Kostial pleads not guilty

Two men in two high-profile capital murder cases in Oxford, Mississippi, appear before judge

Ole Miss student pleads not guilty in death of slain St. Louis student

Man Accused Of Shooting Ole Miss Student To Death And Dumping Her Body Near Lake Pleads Not Guilty

Brandon Theesfeld, accused killer of Ole Miss student Ally Kostial, enters plea in court

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

 

[imstilla.grandma]

Bringing in some links starting from three weeks ago. Probable duplicates. Trying to read up and bring to forefront for new readers like me. May have chronologically copied these from old to new. Yes, I did. Sorry if confusing.
Accused killer pleads not guilty in Ole Miss student’s murder

Man charged with killing Ole Miss student from St. Louis pleads not guilty

Kinne, Theesfeld Enter Not Guilty Pleas - HottyToddy.com

Brandon Theesfeld pleads not guilty in death of Ole Miss student Ally Kostial

Fort Worth Native Brandon Theesfeld Pleads 'Not Guilty' To Capital Murder Of Ole Miss Student Ally Kostial

https://www.oxfordeagle.com/2019/09...ads-not-guilty-in-the-murder-of-ally-kostial/

https://www.magnoliastatelive.com/2...ller-appears-in-court-denies-he-killed-co-ed/

Texas man denies guilt in death of Ole Miss coed

BREAKING: Ally Kostial murder suspect Brandon Theesfeld pleads NOT guilty after lawyers ask for psych evaluation [VIDEO]

Suspect in murder of Ole Miss student Ally Kostial pleads not guilty

Two men in two high-profile capital murder cases in Oxford, Mississippi, appear before judge

Ole Miss student pleads not guilty in death of slain St. Louis student

Man Accused Of Shooting Ole Miss Student To Death And Dumping Her Body Near Lake Pleads Not Guilty

Brandon Theesfeld, accused killer of Ole Miss student Ally Kostial, enters plea in court

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

 

[imstilla.grandma]

I’m so sorry. My post got caught in a glitches. Probably operator error: Me. It’s too late to delete. Again, apologies.

 

[Betty P]

No, I don't think this is a fishing expedition for early access to States evidence.

Criminal discovery is ongoing -- exculpatory evidence in prosecutors possession and/or control is required turned over.

The evaluation hasn't taken place yet, and won't begin without the States forensic exam results.

Reportedly, according to the DA - there were a lot of forensic exams, and the State is awaiting their results.

I'm sure the DA is eager to pass on the results not to delay BT's mental evaluation at a facility already known to have a significant back up.

MOO

Oops, sorry! That wasn't the point I was trying to make, but that's ok. Nevermind, its not worth trying to explain it. I'm sure all will turn out in the best interest of the victim and family!

 

[imstilla.grandma]

Like someone said before, it will be a hard case for the Kostial family till the end. My cousin, Katee Hessler, was murdered in 2001 and my aunt, uncle, and 2 cousins (one who's my godmother) had the ability to stand up in court and say their peace to murderer.. I hope sometime soon the Kostial family will be able to do the same cause till then there is no moving on

 

[Synergizer Bunny]

What a mess. Two lives and two families ruined forever. This young man is not insane. He is definitely troubled, and there were many red flags along the way. I'm sure that his parents were hoping that he would mature and grow out of his troublesome ways. Instead, he grew into being a murderer.

Now, he will spend the rest of his life behind bars. It doesn't matter how much money his father spends to defend him. He is destined to spend the rest of his life behind bars. That's the only way that he is going to learn that there are consequences for what you do in life. This is all my opinion.

It's too late for Ally and her family. I'm sorry that she was too nice and too naive to see the real danger in sticking with a guy like this. After all, who would really think that anyone is capable of murder? I know, when I was her age, I put myself in dangerous situations because I was young and stupid.

My thoughts and prayers are really for the healing in both families. They all are going to need it because none of them are ever going to be the same.

 

[Seattle1]

I know, when I was her age, I put myself in dangerous situations because I was young and stupid.

^^sbm

Relatable. And whoever coined the phrase ..."If I knew then what I know now" was a smart, learned individual!