GUILTY PA - Linda Stoltzfoos, 18, murdered, Bird-in-Hand, Lancaster County, 21 June 2020 *arrest* #4

[Richrd]

.

Awaiting (Lower) Court Date - Homicide Charge
&
Awaiting (Upper) Court Date - Kidnapping Charge

Defendant:
Justo Roberto Smoker, 34
(Born 29 March 1986)

(Lower) Magisterial District Judge Docket:
[Homicide Charge]
https://ujsportal.pacourts.us/docketsheets/MDJReport.ashx?docketNumber=MJ-02302-CR-0000596-2020&dnh=064OKAdXSz4RRP9qiJzxuw==
[Awaiting Next (Lower) Court Date]

Police Criminal Complaint & Affidavit of Probable Cause
[Homicide Charge]
https://bloximages.newyork1.vip.townnews.com/lancasteronline.com/content/tncms/assets/v3/editorial/a/6b/a6b2b852-43ac-11eb-9ab9-33c3e810cfc7/5fe0d2917e9f9.pdf.pdf

Lancaster Newspapers TimeLine:
A full timeline of 18-year-old Linda Stoltzfoos' disappearance so far

NO-Body Homicide Cases:
No-Body Homicide Cases 1st edition | 9781482260069, 9781482260076 | VitalSource

(Upper) Court of Common Pleas Docket:
[Kidnapping Charge]
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-36-CR-0003319-2020&dnh=leQj87YnK6aNnlFOlulmmQ==
[Awaiting Next (Upper) Court Date]

Google™ Supplements & Updates:
Linda Stoltzfoos - Justo Smoker - Google Search

Death-Penalty Counsel Requirements:
Rule 801 - Qualifications for Defense Counsel in Capital Cases, 234 Pa. Code § 801 | Casetext Search + Citator

Pre-Trial Confinement Since 11 July - Lancaster County Prison:
NO Bail Permitted
(Inmate # 64019 & 2020-0002038)​

Grades of PA Crimes:
F1 = Felony of 1st Degree; F2; F3
M1 = Misdemeanor of 1st Degree; M2; M3
S = Summary

Capital Case = One with Possible Death Penalty
Change in Venire = [venn-EYE'-ree] =

Jury Imported from Beyond Originating / Lancaster County​

Change in Venue = [VENN'-you] =

Jurors Selected from, & Trial Held Beyond Originating / Lancaster County​

Coroner = Death Investigation Coordinator
CP = (Upper) Court of Common Pleas
CSI = Crime Scene Investigation - an American Drama series
DA = District Attorney
DOB = Date of Birth
DP = Death Penalty
ELTPD = East Lampeter Township Police Department -

Case # 20-06022459​

FBI = Federal Bureau of Investigation
FP = Forensic Pathologist - Similar to Medical Examiner
ISBN = International Standard Book Number
Joinder = Possibility of Combining Two Trials into One
LE = Law Enforcement
LWOP = Life With-Out Parole
MDJ = (Lower) Magisterial District Judge Court
ME = Medical Examiner
MSM = Main-Stream Media
NamUs = National missing & Unidentified persons system - MP# 71500
PSP = Pennsylvania State Police
SAR = Search and Rescue / Recovery
TOS = Terms of Service

[Contribution # 7833
Thread # 533562]
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[Niner]

Court hearing postponed for man accused of killing Linda Stoltzfoos

Dec. 30, 2020

A preliminary hearing has been postponed for Justo Smoker, who is charged with killing Linda Stoltzfoos, the Upper Leacock Township Amish woman authorities say he abducted while she walked home from church in June.

The hearing had been set for today before District Judge Denise Commins. A new date has not been scheduled.

 

[UnapologeticallyAspie]

The days after the abduction of Linda Stolzfoos - From Criminal Complaint

Most times not noted in criminal complaint

6/22/2020 JS at 3104 Harvest Road
6/23/2020 17:00:00 Report of JS car at 3104 Harvest Road 3 times per cell phone records
6/24/2020 JS at 3104 Harvest Road
6/25/2020 JS at 3104 Harvest Road
6/27/2020 JS at 3104 Harvest Road
7/10/2020 Location of Bra and Socks at 3104 Harvest Road

JS was at this location 7 times per witness and cell phone records (plus one time on the 21st). 8 times for a bra and socks? I don't think so. There may be more at this location or LE has not released all of the forensics information.

I’m not sure how to word my initial thought without sounding crass.
Could it be possible that he kept going back to relive and to relieve himself thinking of what took place by either smelling or touching or some other way?
Some serial killers do this. I’m not saying he’s a serial killer, but reliving it may have been something he was trying to do...?

 

[Trackergd]

It was mentioned the business owner at Harvest Dr took photos of the inside of Smokers car. What did he see?!

Respectfully snipped and bolded

Indeed, what did he see and are those photographs going to show up again during trial?

My opinion only, but I think either what those photographs show or something (like a quantity of blood soaked into the ground) at the harvest road site have convinced LE and the DA that homicide is the only logical conclusion.

LE is wisely protecting their evidence so as not to taint any potential jurors.

 

[Trackergd]

I’m not sure how to word my initial thought without sounding crass.
Could it be possible that he kept going back to relive and to relieve himself thinking of what took place by either smelling or touching or some other way?
Some serial killers do this. I’m not saying he’s a serial killer, but reliving it may have been something he was trying to do...?

It is possible. We know he stalked other girls the day prior to the abduction. If cell phone records and witness comments show a history of stalking prior to this case, he may very well have been a serial rapist or murder in the making.

The criminal complaint and charges have reduced my hope that she had been forced into the sex trade in Lancaster or Harrisburg. Until we see the full scope of the evidence, I still hold out a small degree of hope.

 

[Trackergd]

Spent a while yesterday surveying the Snake Lane property. A lot has changed since the Google Earth view. I looked over the property with high power Nikon binoculars and nothing really stood out. I also checked under the bridge over Umble Run. Nothing of note. The woods were mostly open and I could see at least 20 feet into them. Looking more likely that the Harvest Road location is the focus point. Also considering that forensics checked the car and found enough evidence for the homicide charge.

 

[Rocky1]

Spent a while yesterday surveying the Snake Lane property. A lot has changed since the Google Earth view. I looked over the property with high power Nikon binoculars and nothing really stood out. I also checked under the bridge over Umble Run. Nothing of note. The woods were mostly open and I could see at least 20 feet into them. Looking more likely that the Harvest Road location is the focus point. Also considering that forensics checked the car and found enough evidence for the homicide charge.

It's nice that you are taking the time to check out the entire area, and posting for us. It helps to put it all into perspective.

I read a few posts back, where you were wondering if the photos of the Harvest Rd. location will be shown in court. I'd bet my house that they will. The pics of the licence plate that the owner took is direct evidence of his car being there. Match that with the phone records, and it would be hard to deny that.

I'm not so sure that Forensics checked the car and found enough evidence for the homicide charge though. So far, I'm not convinced that they have any direct evidence at all after reading the Probable Cause Affidavit. There's plenty that supports the kidnapping charge, but I'm not so sure about Homicide. I know they are not going to show their entire hand, but they did list a whole lot of circumstantial evidence. Why not any direct evidence? There are only two ways that I know of to support a Homicide charge using circumstantial evidence, and that's a substantial amount of blood, or body parts. Neither of those have been mentioned.
On the other hand, They must have something. They only have one shot to prove Homicide, and Just the Kidnapping charge alone will send him to prison for enough time so they could investigate more, and charge him with Homicide later. I would think they'd stall a weak case until they had more evidence. Time will tell. The Judge could very well dismiss the case if he feels there's not enough evidence to go to trial.

There's one more thing that makes me think he buried the clothing there so he could return at a later date by walking down the RR tracks. He placed two logs over the area he buried them. I believe that was to mark the exact spot.

 

[Maryland Oracle]

The paragraphs in comp

It's nice that you are taking the time to check out the entire area, and posting for us. It helps to put it all into perspective.

I read a few posts back, where you were wondering if the photos of the Harvest Rd. location will be shown in court. I'd bet my house that they will. The pics of the licence plate that the owner took is direct evidence of his car being there. Match that with the phone records, and it would be hard to deny that.

I'm not so sure that Forensics checked the car and found enough evidence for the homicide charge though. So far, I'm not convinced that they have any direct evidence at all after reading the Probable Cause Affidavit. There's plenty that supports the kidnapping charge, but I'm not so sure about Homicide. I know they are not going to show their entire hand, but they did list a whole lot of circumstantial evidence. Why not any direct evidence? There are only two ways that I know of to support a Homicide charge using circumstantial evidence, and that's a substantial amount of blood, or body parts. Neither of those have been mentioned.
On the other hand, They must have something. They only have one shot to prove Homicide, and Just the Kidnapping charge alone will send him to prison for enough time so they could investigate more, and charge him with Homicide later. I would think they'd stall a weak case until they had more evidence. Time will tell. The Judge could very well dismiss the case if he feels there's not enough evidence to go to trial.

There's one more thing that makes me think he buried the clothing there so he could return at a later date by walking down the RR tracks. He placed two logs over the area he buried them. I believe that was to mark the exact spot.

What about if a cadaver dog hit on the buried clothing?

 

[Rocky1]

The paragraphs in comp


What about if a cadaver dog hit on the buried clothing?

If your question was directed to me, I'm not sure I understand it?

 

[Maryland Oracle]

Spent a while yesterday surveying the Snake Lane property. A lot has changed since the Google Earth view. I looked over the property with high power Nikon binoculars and nothing really stood out. I also checked under the bridge over Umble Run. Nothing of note. The woods were mostly open and I could see at least 20 feet into them. Looking more likely that the Harvest Road location is the focus point. Also considering that forensics checked the car and found enough evidence for the homicide charge.

If your question was directed to me, I'm not sure I understand it?

Sorry, rather clumsy post quoting on my part.

You mentioned two ways to support a homicide charge with circumstantial evidence and I wondered whether a cadaver dog hitting on the buried clothing could be a third?

 

[Rocky1]

Sorry, rather clumsy post quoting on my part.

You mentioned two ways to support a homicide charge with circumstantial evidence and I wondered whether a cadaver dog hitting on the buried clothing could be a third?

No. A Cadaver dog hitting would be considered reasonable suspicion of wrong doing, but would have to be combined with other evidence.
In this case, I wouldn't be surprised if the prosecution want's the dog's hit admitted into evidence. I wouldn't be surprised if the Defense wants it thrown out. A good defense attorney will rip the dogs record apart, asking things like how old is the dog, what training it had, and by whom, ask for the records showing how many times the dog was accurate , certifications, and will rip apart the dog handler's credibility etc.
Most of the time, a Judge will allow evidence from a scent dog, if it's combined with other circumstantial/direct evidence.

Just a hit alone from a cadaver dog isn't even enough probable cause to obtain a search warrant.

 

[Trackergd]

This case it a bit maddening to me as it is practically in by back yard. We now know where JS was and when. We know the spots that JS was seen with LS and when. It's all right in front of me and I can't see it. I drive these roads in the summer months and know the area well. I'm missing something. I wish I had @OldCop with me when I go on these scouting missions. Did JS put LS in the trunk before heading to Harvest Drive? Is the ever popular trash dumpster in play? What the heck am I missing??

 

[Maryland Oracle]

I suppose the Criminal Complaint is providing just sufficient enough info to justify the charges rather than answering all our questions. I've reread what they have included again and came up with a few observations.

JS bought 5 pairs of 52cm boot laces probably because they're less conspicuous than buying rope. He also bought 18 pairs of gloves which is a lot for one person. Perhaps he had some help lined up?

It should be noted that LE will have now tracked all cell phone ping locations but chose to list just 8 sightings/locations on the day in question: Beechdale Road, Weavertown Mennonite Church, Amish Road 3/4 mile north of White Horse Road, Amish Road near Buena Vista Road, Red Well Road turning left/east on Peters Road, remote areas in the Welsh Mountain, Harvest Drive and at the apartment building scrubbing/bleaching the car.

The times that can be relied on most are the security/surveillance camera that captured the abduction on Beechdale Road at 12:42pm and the cell phone ping at the Harvest Road property at 2:32pm. The witness sightings are likely to be more approximate.

He turned in quickly behind the church and this may well be where he assaulted her. Did he lift up her apron and remove some underwear which may have ended up on the car floor with her socks which she was carrying? The car was behind the church for approximately 5 minutes before turning east back on to Church Road.

The next sighting is of the car is heading north on Amish Road three quarters of a mile north of White Horse Road followed by another sighting approximately a mile further north on Amish Road near Buena Vista Road before the last sighting of LS at Red Well Road and Peters Road. This is 29 minutes of driving plus the time spent behind the church. Why did JS head south east towards Gap before turning back up north? He grew up in Gap and his employment was there. Did he have somewhere in mind for disposal only to decide on the Welsh Mountain instead?

Did he leave LS at the Mountain? Did he order her to walk herself to where he had in mind before rendering her incapacitated to avoid having to carry someone 4" taller than himself? Or did he abandon this plan and drive 25 minutes to Harvest Drive with her still in the car? Does LE have surveillance footage from buildings on the way that they're not sharing this point? Was there a passenger?

He was at Harvest Drive for an hour and returned 7 times in the following days. Did he find the socks and underwear on the floor of the car and decided to hide/plant it there? There are reports that the buried clothing was marked by logs arranged in a "V" shape. Is this letter significant considering LE named the person that JS texted 15 times from 1pm-3pm?

I believe that at least one other person apart from JS knows what happened to LS and where she is. I think LE believe this also.

 

[Marg from Oz]

I wonder if Linda is hidden under another V made of logs. MOO

 

[Rocky1]

I suppose the Criminal Complaint is providing just sufficient enough info to justify the charges rather than answering all our questions. I've reread what they have included again and came up with a few observations.

JS bought 5 pairs of 52cm boot laces probably because they're less conspicuous than buying rope. He also bought 18 pairs of gloves which is a lot for one person. Perhaps he had some help lined up?

It should be noted that LE will have now tracked all cell phone ping locations but chose to list just 8 sightings/locations on the day in question: Beechdale Road, Weavertown Mennonite Church, Amish Road 3/4 mile north of White Horse Road, Amish Road near Buena Vista Road, Red Well Road turning left/east on Peters Road, remote areas in the Welsh Mountain, Harvest Drive and at the apartment building scrubbing/bleaching the car.

The times that can be relied on most are the security/surveillance camera that captured the abduction on Beechdale Road at 12:42pm and the cell phone ping at the Harvest Road property at 2:32pm. The witness sightings are likely to be more approximate.

He turned in quickly behind the church and this may well be where he assaulted her. Did he lift up her apron and remove some underwear which may have ended up on the car floor with her socks which she was carrying? The car was behind the church for approximately 5 minutes before turning east back on to Church Road.

The next sighting is of the car is heading north on Amish Road three quarters of a mile north of White Horse Road followed by another sighting approximately a mile further north on Amish Road near Buena Vista Road before the last sighting of LS at Red Well Road and Peters Road. This is 29 minutes of driving plus the time spent behind the church. Why did JS head south east towards Gap before turning back up north? He grew up in Gap and his employment was there. Did he have somewhere in mind for disposal only to decide on the Welsh Mountain instead?

Did he leave LS at the Mountain? Did he order her to walk herself to where he had in mind before rendering her incapacitated to avoid having to carry someone 4" taller than himself? Or did he abandon this plan and drive 25 minutes to Harvest Drive with her still in the car? Does LE have surveillance footage from buildings on the way that they're not sharing this point? Was there a passenger?

He was at Harvest Drive for an hour and returned 7 times in the following days. Did he find the socks and underwear on the floor of the car and decided to hide/plant it there? There are reports that the buried clothing was marked by logs arranged in a "V" shape. Is this letter significant considering LE named the person that JS texted 15 times from 1pm-3pm?

I believe that at least one other person apart from JS knows what happened to LS and where she is. I think LE believe this also.

Great post....
Everything you say may be true, but here's my thoughts.
Once again, IMO, buying shoe laces and gloves isn't enough to support a murder charge. I believe there's plenty of evidence to support kidnapping, and the shoe laces and gloves could have been used for that alone. On the other hand, one may argue that he bought the gloves to clean his car, and the shoe laces to secure Tomato plants to stakes in the ground. Just because his shoes didn't need new laces, means nothing IMO. If I recall reading correctly, neither were found. 8 pairs of gloves could mean he got a deal on them. It also could work in his favor. If he only bought them to do this one deed, then why didn't he just buy one pair? Maybe he had a continue usage planned, like cleaning his car.
I'm in no way trying to defend this guy, but I can say this..... Someone will be, and if what we read is all they have, it's weak IMO.

If he found Linda's bra and socks in the car, my guess is he found them when he cleaned his car a few hours after the kidnapping. I can see him returning to Harvest Rd. once perhaps to bury them, but why 6 times after that? If her body was there already, why the need to bury those two items with her body, and take the chance of being spotted? Why not just bury them some other place?

As far as a passenger in the car, and someone else being involved with LE believing so, if that was true, the court records would be sealed. The reason for this is because if the records are not sealed, and someone that may be involved is free to move about, then that person/persons may try to beat LE to any evidence, which may be moved or destroyed. Records are sealed to keep that from happening.

I doubt they think his brother is involved. At this point in time, he would have been arrested by now. My guess is they have gone over the phone records, and discovered that his brother was nowhere around JS at the time of the kidnapping, or the days following, and he's been cleared.

Once again, I have nothing to base this on. It's just my thoughts, and they could all be wrong.

 

[Gibbo214]

Why six times after that? Do you really have to ask? Six times with his hand on it reliving it.

 

[Maryland Oracle]

Great post....
Everything you say may be true, but here's my thoughts.
Once again, IMO, buying shoe laces and gloves isn't enough to support a murder charge. I believe there's plenty of evidence to support kidnapping, and the shoe laces and gloves could have been used for that alone. On the other hand, one may argue that he bought the gloves to clean his car, and the shoe laces to secure Tomato plants to stakes in the ground. Just because his shoes didn't need new laces, means nothing IMO. If I recall reading correctly, neither were found. 8 pairs of gloves could mean he got a deal on them. It also could work in his favor. If he only bought them to do this one deed, then why didn't he just buy one pair? Maybe he had a continue usage planned, like cleaning his car.
I'm in no way trying to defend this guy, but I can say this..... Someone will be, and if what we read is all they have, it's weak IMO.

If he found Linda's bra and socks in the car, my guess is he found them when he cleaned his car a few hours after the kidnapping. I can see him returning to Harvest Rd. once perhaps to bury them, but why 6 times after that? If her body was there already, why the need to bury those two items with her body, and take the chance of being spotted? Why not just bury them some other place?

As far as a passenger in the car, and someone else being involved with LE believing so, if that was true, the court records would be sealed. The reason for this is because if the records are not sealed, and someone that may be involved is free to move about, then that person/persons may try to beat LE to any evidence, which may be moved or destroyed. Records are sealed to keep that from happening.

I doubt they think his brother is involved. At this point in time, he would have been arrested by now. My guess is they have gone over the phone records, and discovered that his brother was nowhere around JS at the time of the kidnapping, or the days following, and he's been cleared.

Once again, I have nothing to base this on. It's just my thoughts, and they could all be wrong.

Great post also, good points all.

JS's address and that of the person LE named as the recipient of the 15 texts appear to be the same.

 

[Rocky1]

Great post also, good points all.

JS's address and that of the person LE named as the recipient of the 15 texts appear to be the same.

Yes. It's known that there were many texts that went to his brother. I'm sure LE checked the location of both to see if they matched.

 

[TwoBlueJays]

It may sound awful, but it seems that JS went to a lot of trouble to prep for and carry out the abduction and probable assault; why then would the assault itself take only minutes, in theory, or occur behind a school or church? In my mind, I had him driving her to the woods and assaulting her there for more than minutes. And removing her clothes. That seems like a tough thing to do in a car. Or in minutes. What is the possibility that he assaulted her at the Harvest Road location? Is he such a stupid criminal that he had to go back there multiple times because he forgot things either to bury or to use to bury?

 

[Rocky1]

Why six times after that? Do you really have to ask? Six times with his hand on it reliving it.

Ah okay. Forgive me for being so uninformed. So, he dug her up 6 times and then re-buried her? I'm not sure about this either, so I really have to ask. Which trip did he move her?