GUILTY NC - PFC Kelli Bordeaux, 23, Fayetteville, 14 April 2012 - #11

[reedus23]

Talking to the press and being interviewed by LE are 2 different things. Will stand by my belief that if he invoked his rights, LE couldn't question him further, regardless of how many other people he may have been talking to.

 

[sundrop]

He was immediately interviewed by law enforcement about Kelli and walked out the door to do media interviews. If there's a time to invoke one's right to remain silent, then he should have when first interviewed. Police related to the press several things that they learned from Nick in several press conferences.

 

[sundrop]

One can waive their right even after invoking it

that after being informed of his right to silence and to an attorney, a suspect proceeds to make self-incriminating statements during interrogation. He may be found to have waived his right to silence by having been notified of his Miranda rights, understanding those rights, and then proceeding to make self-incriminating statements without an attorney present. This can be true even if the suspect is silent for a period of time before making the self-incriminating statements. The US Supreme Court has held such a course of conduct to indicate that the suspect intends to waive his or her Miranda rights.

 

[sundrop]

Sle, I have specific information about this from the......

 

[reedus23]

One can waive their right even after invoking it

that after being informed of his right to silence and to an attorney, a suspect proceeds to make self-incriminating statements during interrogation. He may be found to have waived his right to silence by having been notified of his Miranda rights, understanding those rights, and then proceeding to make self-incriminating statements without an attorney present. This can be true even if the suspect is silent for a period of time before making the self-incriminating statements. The US Supreme Court has held such a course of conduct to indicate that the suspect intends to waive his or her Miranda rights.

There is no waiver of Miranda rights needed at all if we're talking about incriminating statements being made to anyone other than LE. As for LE, as soon as he invoked his Miranda rights, LE is done. LE can no longer initiate any further questioning or discussions about the case with the defendant. So LE here could do nothing if they were invoked. You are right that, even after invoking his rights, NH could re-initiate discussions with LE but that would require NH approaching LE first. I don't believe LE could even approach him and ask him if he changed his mind. As far as I'm aware of, NH never approached LE again saying he wanted to talk.

 

[reedus23]

Sle, I have specific information about this from the......

Maybe been working too long. Not following. Not sure what Sle means or who that is. I'm guessing the rest of it means you are implying you have inside information from someone, whether it's LE, the investigator or NH himself for all I know.

 

[hellinor]

Post removed bc what I was thinking was totally wrong, sorry!!!

 

[Woe.be.gone]

http://www.wjhl.com/story/25526181/man-charged-with-killing-kelli-bordeaux-in-court-at-230-pm

Somehow I missed seeing this picture of Kelli and her sister on Kelli's wedding day - real cute!

Within the article, update May 29 (from the 15th),
"Cumberland County District Attorney Billy West said he will consider seeking the death penalty in this case."

He went on to explain investigators have to determine what aggravating circumstances exist, if any, to make this a capital case.

Noticed and mentioned before on WS, the company who owns the property where Kelli was found, after peeps were searching for two years, didn't allow searches of the property earlier because they were concerned about liability.
My question. What changed? AND, why the heck didn't they form their own search party or invite LE in to conduct a search. It burns my butt hearing that it sounds as if someone approached them to get permission to search earlier but were denied access to the property. I hope LE looks into that too. How did NH pick or know about that spot to leave poor Kelli? The circumstances just seem weird imo.

Anyway, NH decided to reveal where he dumped her. But only due to the relentless efforts of the one guy. His efforts are being downplayed (almost swept under the rug) imo. Shouldn't he be considered a hero? If the story we've heard is true, he is a hero to me. Glad someone was willing to press on so that Kelli could be found. I know some searchers continued as well. But if they were banned from searching specific properties, there wasn't more that they could do.
I bet a lot more missing people are on private properties somewhere too.

 

[reedus23]

He is a hero. No question. At least in my opinion.

 

[sundrop]

I agree with some of what you've said. However, I don't think its right for anyone to go around like to the media and say that the two years of hard work and searching by only hand full of people was pointless. What was different than day on that property, the owner wasn't out there and Nick showed exactly where the body was located.
There's a difference in trying to find a body by searching to solve a case and trying to solve a case by trying to find a body

 

[sundrop]

A plea means no trial and no death most likely life, a trial means not guilty plea and the tactics used on Nick will be attacked. At this point no one knows

 

[Woe.be.gone]

Did someone say the searches were pointless? I hope you're not addressing my post because I certainly didn't mean to imply or say that.
My point is, if certain areas are blocked from being searched, how can the search be considered thorough?
If the property owner had allowed or conducted searchs of his property earlier, the results may have saved a lot of people continued heartache and grief and hard work too.

[modsnip]. Actually, I probably don't know how to cover all the basis to make sure my posts are clear.

 

[sundrop]

I wasn't implying you said it, but the investigator said it in a couple of interviews. Searchers have no control over areas they don't have access to.

 

[reedus23]

Did someone say the searches were pointless? I hope you're not addressing my post because I certainly didn't mean to imply or say that.
My point is, if certain areas are blocked from being searched, how can the search be considered thorough?
If the property owner had allowed or conducted searchs of his property earlier, the results may have saved a lot of people continued heartache and grief and hard work too.

Sometimes I wonder if peeps try to find conflict in every little thing posted instead of trying to understand the overall point being made. Actually, I probably don't know how to cover all the basis to make sure my posts are clear.

Trying to take a positive out of it Woe, it actually might have worked out for the best. Had they found Kelli earlier by their independent searches, they still will have had the task of connecting NH to it. As things actually happened, even though there was more heart ache, grief and work performed, NH has been undeniably tied to her murder this way. Just trying to find the positives in it.

 

[OldSteve]

Trying to take a positive out of it Woe, it actually might have worked out for the best. Had they found Kelli earlier by their independent searches, they still will have had the task of connecting NH to it. As things actually happened, even though there was more heart ache, grief and work performed, NH has been undeniably tied to her murder this way. Just trying to find the positives in it.

Agree, and that is a good point! They got 2-for-one, found her and got his confession; don't see that often enough!

 

[sundrop]

The reason why you don't see more like this is because many missing person cases have no suspect and if there's is a suspect then they self sufficient rather than broke and homeless and highly unlikely to ever reveal any information

 

[phantomthought]

I read that a while back about the polygraph, will look for the link and post it when I find it.

I would be very surprised if he did.One (of the many) things I found suspicious was during NH interview with the media he never mentioned that LE had asked or he had taken a test.LE must have asked him to take one during their multiple interviews unless they are total incompetents.So why did NH never mention he had taken and passed one as he proclaimed his innocents.

 

[OldSteve]

I would be very surprised if he did.One (of the many) things I found suspicious was during NH interview with the media he never mentioned that LE had asked or he had taken a test.LE must have asked him to take one during their multiple interviews unless they are total incompetents.So why did NH never mention he had taken and passed one as he proclaimed his innocents.

I wonder when a POI takes a poly if LE tells the person they actually passed, or would they hedge ... thus preventing the POI from stating to media that they had passed a poly...

 

[reedus23]

They can pretty much do whatever they want. That's why you never submit to one if requested. Even if you pass, they will tell you that you failed to see how you react. Of course, unless you have an attorney. Then they obviously can't or won't play so quick and fast. Most lawyers won't agree to one anyways but if they do they damn sure better be making it contingent on them getting a full and complete copy of the report.

 

[lowes123]

Have there been any updates, as in autopsy results, NH appearing in court, ect?