Found Deceased PA - Linda Stoltzfoos, 18, Bird-in-Hand, Lancaster County, 21 June 2020 *arrest* #2

[Curiosity1234]

JS needs to have a tooth pulled by the prison dentist. Load him up with truth serum and watch him sing like a bird in a cage. How fitting.

 

[Rocky1]

He might be holding out per advice from his lawyer to see if they are going to add more serious charges or more charges in general thereby positioning himself to exchange info for a better deal. We have to wait for court appearance on July 21st for that correct ? It seems so so far away.

They can add additional charges at anytime. It doesn't have to be before, or at the preliminary hearing. The same holds true for the plea bargain. That can be offered at anytime up until the trial starts, and even after the trial ends before the jury deliberates.

What will happen at the preliminary hearing, is, the evidence will be presented to a judge based on the current charges, and he/she will decide if there is probable cause to bring the case to trial, and if there is probable cause, the judge will bind over to a grand jury. If not, the case will be dismissed.

If he has retained an attorney, I find it odd that he'd be telling a guard "no body no conviction" The very first thing an attorney would be telling him would be to keep his mouth shut, period. Does anyone have the link for that statement? Thanks in advance.

 

[Curiosity1234]

They can add additional charges at anytime. It doesn't have to be before, or at the preliminary hearing. The same holds true for the plea bargain. That can be offered at anytime up until the trial starts, and even after the trial ends before the jury deliberates.

What will happen at the preliminary hearing, is, the evidence will be presented to a judge based on the current charges, and he/she will decide if there is probable cause to bring the case to trial, and if there is probable cause, the judge will bind over to a grand jury. If not, the case will be dismissed.

If he has retained an attorney, I find it odd that he'd be telling a guard "no body no conviction" The very first thing an attorney would be telling him would be to keep his mouth shut, period. Does anyone have the link for that statement? Thanks in advance.

Thank you Rocky1, for the info., obviously my legal knowledge is limited.

 

[Rocky1]

Thank you Rocky1, for the info., obviously my legal knowledge is limited.

What you say is true.
They may very well add additional charges before the preliminary hearing, but my point is, they don't have to at this time.
If they do, that may not be a smart move on the DA's part, unless they have enough evidence to support the additional charges. It would be smarter to wait and add them later when/if they gather more evidence.
There was another post above asking why JS just doesn't talk and tell LE where the body is.
If he does know, (he's still presumed innocent) That would be a bargaining chip in his favor if/when a plea deal is reached. So for example, he'll tell them where the body is for a reduced sentence. By talking, that would seal his fate, as far as a murder charge goes.
95 % of criminal cases are resolved through a plea bargain.

 

[Curiosity1234]

What you say is true.
They may very well add additional charges before the preliminary hearing, but my point is, they don't have to at this time.
If they do, that may not be a smart move on the DA's part, unless they have enough evidence to support the additional charges. It would be smarter to wait and add them later when/if they gather more evidence.
There was another post above asking why JS just doesn't talk and tell LE where the body is.
If he does know, (he's still presumed innocent) That would be a bargaining chip in his favor if/when a plea deal is reached. So for example, he'll tell them where the body is for a reduced sentence. By talking, that would seal his fate, as far as a murder charge goes.
95 % of criminal cases are resolved through a plea bargain.

The plea deal. Can it come from either side DA or attorney ? Is it more common for the DA to broach the subject or the Attorney. TIA. ?

 

[Curiosity1234]

Fox43.com has an interview with Rueben King owner of King's Paint and Wallpaper next to Harvest Structures. SJ called someone from his cell phone while at Harvest Structures. I found interview under Hopefully justice will be served, Linda will be found. I can't link it.

 

[oceanblueeyes]

What you say is true.
They may very well add additional charges before the preliminary hearing, but my point is, they don't have to at this time.
If they do, that may not be a smart move on the DA's part, unless they have enough evidence to support the additional charges. It would be smarter to wait and add them later when/if they gather more evidence.
There was another post above asking why JS just doesn't talk and tell LE where the body is.
If he does know, (he's still presumed innocent) That would be a bargaining chip in his favor if/when a plea deal is reached. So for example, he'll tell them where the body is for a reduced sentence. By talking, that would seal his fate, as far as a murder charge goes.
95 % of criminal cases are resolved through a plea bargain.

I agree, additional charges are coming imo. Imo it's just a matter of time.

There simply is no need to do so at this time.

This case is similar to most other missing person murder cases.

What many DAs are doing now is bringing other charges first. As you know kidnapping is a very serious felony within itself. Imo, JS will remain remanded to jail on the offenses against him now.

This gives the investigators ample time to gather the evidence they will need for first degree murder charges to be added at some point in time. There is no need to rush.

I'm not sure the DA will consider a plea even if offered by the defendant/attorney.

I've seen several prosecutors who refused to plea in missing body cases even if the suspect said they would give up the body location.

When the trials were held without ever locating the bodies the cases were filled with an overwhelming amount of circumstantial evidence proving the cases BARD.

I firmly believe with or without Linda's body he will be charged with first degree murder. CE is very powerful evidence, and much more reliable than eyewitness direct evidence testimony because DE has been shown to be inaccurate. That is why the DAs have been highly successful in conviction rates by entering CE concerning these very kind of missing body murder cases.

Jmho

 

[Rocky1]

The plea deal. Can it come from either side DA or attorney ? Is it more common for the DA to broach the subject or the Attorney. TIA. ?

The DA will offer the deal. He/she does not have to offer, and the defendant does not have to accept.
The judge will also review the plea deal, and he/she does not have to approve it.
Many times the victim's family will give a statement, and the judge will take that into consideration as well, although the family does not have the final say.

 

[Maplesyrup]

What you say is true.
They may very well add additional charges before the preliminary hearing, but my point is, they don't have to at this time.
If they do, that may not be a smart move on the DA's part, unless they have enough evidence to support the additional charges. It would be smarter to wait and add them later when/if they gather more evidence.
There was another post above asking why JS just doesn't talk and tell LE where the body is.
If he does know, (he's still presumed innocent) That would be a bargaining chip in his favor if/when a plea deal is reached. So for example, he'll tell them where the body is for a reduced sentence. By talking, that would seal his fate, as far as a murder charge goes.
95 % of criminal cases are resolved through a plea bargain.

My strongest suspicion is a landfill that does not do recycling. Those routes that just collect trash and go straight to a landfill are most likely. It think those type routes and landfills are most common in rural areas. Does anyone have more specific information on trash routes or any knowledge of which trash company picks up in the area where Linda lived and was abducted?

 

[Maplesyrup]

In addition to my comment above about trash routes, I would fully expect him to venture many miles outside of Bird in Hand to do something like this. I doubt he would leave poor Linda near a local business. Far too easy for LE to trace all the local routes and know exactly where in a landfill to search using GPS coordinates.

 

[Hereshecomes75]

Both East Lampeter and Upper Leacock Townships have a list of approved trash haulers for residents to select from. So there could be 5,6,7 companies operating in those areas.

 

[Maplesyrup]

Sorry for my third post in a row. I am thinking at warp speed tonight. Does anyone know if any of the LE searches have occurred at landfills in the area? I apologize in advance if I missed this information if it was previously posted. If they have not searched landfills, why not? Do they have a good idea what happened and don't believe this type of a scenario was involved?

 

[oceanblueeyes]

The plea deal. Can it come from either side DA or attorney ? Is it more common for the DA to broach the subject or the Attorney. TIA. ?

I'm not Rocky of course, but in the cases I've followed for decades now, the very few that ended in a plea before trial... the ones I've seen the defense attorneys came to the DA with an offer.

Sometimes a plea was granted if the DP was taken off the table. Then they were sentenced to LWOP. Even then the suspect had to give the DA something in return which is usually a full confession.

But rarely have I seen plea deals in high profile cases, and they were bound over for trial with the defendant entering a NG plea.

Imo rarely do pedators ever give up the location where they put their victims. I dont think JS will either.

That would be his only bargaining chip.

Jmho

 

[Rocky1]

I agree, additional charges are coming imo. Imo it's just a matter of time.

There simply is no need to do so at this time.

This case is similar to most other missing person murder cases.

What many DAs are doing now is bringing other charges first. As you know kidnapping is a very serious felony within itself. Imo, JS will remain remanded to jail on the offenses against him now.

This gives the investigators ample time to gather the evidence they will need for first degree murder charges to be added at some point in time. There is no need to rush.

I'm not sure the DA will consider a plea even if offered by the defendant/attorney.

I've seen several prosecutors who refused to plea in missing body cases even if the suspect said they would give up the body location.

When the trials were held without ever locating the bodies the cases were filled with an overwhelming amount of circumstantial evidence proving the cases BARD.

I firmly believe with or without Linda's body he will be charged with first degree murder. CE is very powerful evidence, and much more reliable than eyewitness direct evidence testimony because DE has been shown to be inaccurate. That is why the DAs have been highly successful in conviction rates by entering CE concerning these very kind of missing body murder cases.

Jmho

Our sixth amendment provides the defendant the right to a speedy trial, for the very reason you stated.... so the prosecution can't drag their feet.
Although it becomes a game of both sides stalling as much as possible (so the prosecution can gather evidence, and the defense will hope that people forget) Judges frown on a case dragging on.

"Justice Delayed is Justice Denied".

The defendant will not be offering a plea deal. The DA may. Plea deals are offered because of two reasons. The DA may think he/she may not have enough evidence to win, and bluffs, The second reason is due to courts being backed up, along with heavy case loads pending in the DA's office. (and I am sure they will be even more after this Covid virus subsides)

 

[24Roses]

Fox43.com has an interview with Rueben King owner of King's Paint and Wallpaper next to Harvest Structures. SJ called someone from his cell phone while at Harvest Structures. I found interview under Hopefully justice will be served, Linda will be found. I can't link it.

'Hopefully, justice will be served, and they find Linda'

 

[oceanblueeyes]

Our sixth amendment provides the defendant the right to a speedy trial, for the very reason you stated.... so the prosecution can't drag their feet.
Although it becomes a game of both sides stalling as much as possible (so the prosecution can gather evidence, and the defense will hope that people forget) Judges frown on a case dragging on.

"Justice Delayed is Justice Denied".

The defendant will not be offering a plea deal. The DA may. Plea deals are offered because of two reasons. The DA may think he/she may not have enough evidence to win, and bluffs, The second reason is due to courts being backed up, along with heavy case loads pending in the DA's office. (and I am sure they will be even more after this Covid virus subsides)

Yes, I was just thinking if JS will invoke his constitutional right to have a speedy trial.

Imo, I think he will waive his right to a speedy trial like most all do.

I don't believe a plea deal will be the case here. I dont see a plea happening.

The very few I've seen in four decade of following murder cases and trials it was the defense attorneys who came to the DA with an offer. Two, iirc were when the juries were deliberating. One, the defendant plead G down from murder 1 to murder 2. The other one agreed to murder one. It was DP trial.

One of the criminal cases I served on as a juror, we later learned the defense attorney/ defendant wanted to make a plea deal. It was a double homicide with the DP. The DA refused to plea so it went to trial.

I don't think this DA wil agree to a plea deal especially due to the circumstance surrounding it, and how vulnerable the victim was.

I do know most cases end in plea deals with both adversarial parties hashing it out.

Imo this is not going to be one of those cases.

Jmho
.

 

[Rocky1]

Yes, I was just thinking if JS will invoke his constitutional right to have a speedy trial.

Imo, I think he will waive his right to a speedy trial like most all do.

I don't believe a plea deal will be the case here. I dont see a plea happening.

The very few I've seen in four decade of following murder cases and trials it was the defense attorneys who came to the DA with an offer. Two, iirc were when the juries were deliberating. One, the defendant plead G down from murder 1 to murder 2. The other one agreed to murder one. It was DP trial.

One of the criminal cases I served on as a juror, we later learned the defense attorney/ defendant wanted to make a plea deal. It was a double homicide with the DP. The DA refused to plea so it went to trial.

I don't think this DA wil agree to a plea deal especially due to the circumstance surrounding it, and how vulnerable the victim was.

I do know most cases end in plea deals with both adversarial parties hashing it out.

Imo this is not going to be one of those cases.

Jmho
.

I could see a defense attorney offering to charge bargain after a trial, if he thinks the defendant doesn't stand a chance of the jury returning a not guilty verdict.
Outside of that, he/she would be showing his or her hand before an offer is made.
For example.. and this is hypothetical... JS has a defense attorney. He/she approaches the DA and says "My client will tell you where the body is if you give him lwop".
There are two things wrong with this. The DA now knows the defendant knows where the body is, and may simply say "nah, let's go to trial" or... the DA was going to offer the defendant a sentence bargain of say 25-life.
A smart defense attorney would say to the DA... "so what are you offering"? and negotiate from there.
It's up to the prosecution to prove the case.
It's a game of poker.
That's why you never start the bid at auction. You may start the bid off at $1000.00 when if you said nothing, the auctioneer may start it out at $100.00 and nobody but you bids.

 

[Rocky1]

Here's an overview of how plea bargains work, if anyone is interested.

Plea bargain

 

[Curiosity1234]

Here's an overview of how plea bargains work, if anyone is interested.

Plea bargain

Interesting. Thanks

 

[Curiosity1234]

Here's an overview of how plea bargains work, if anyone is interested.

Plea bargain

Interesting. Thanks
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