Maybe somebody will be able to help me out with this. If the prosecution doesn't feel confident that they can get a murder conviction with the evidence they have, can they prosecute only for kidnapping but later charge JS for murder if more evidence comes forward? If so, prosecutors can most likely get a first-degree kidnapping charge to stick, as there is very strong evidence for that, and get a 20 year sentence. In the meantime, there will always be a murder charge hanging over the head of JS. Is JS willing to sit in jail for 20 years (with no parole) instead of saying what he did with her IF she is alive? His answer would tell me a lot.
I'm not sure how much evidence is being shared with the public. Can prosecutors explain away a second person being involved? The quickness in which the events of that day took place, as evidenced by the location and times of the cell pings, has always made me wonder if there was somebody else that JS handed her off to. Sex trafficking? If prosecutors can't eliminate that possibility, then they may have a problem. On the other hand, there may be some damning evidence that we aren't privy to, so I guess it will have to be a wait and see type of thing.
Yes, the prosecution can prosecute for kidnapping only if he/she feels they can not get a conviction.
The prosecution is also obligated to drop charges if he/she feels they don't have enough evidence to convict.
The judge takes a look at the evidence during a pre trial hearing to determine if there is enough evidence to go to trial. In this case, the judge found there was enough evidence. IMO, unless there is more evidence that we don't know about, most is circumstantial evidence, but it's still evidence.
Think of a trial as a poker game. The DA bluffs the Defense attorney into believing they can win. The DA adds in some cases many charges in hopes to get a plea deal. Over 90% of cases are resolved this way. The Defense attorney tries to bluff the DA into thinking that he/she can win. The DA makes a deal with the Defense to drop a few charges, and the defendant pleads guilty to those charges. The Defense may approach the DA, and agree his client pleads to lessor charges if some are dropped.
The situation in this case is yes, the DA can prosecute for kidnapping, and then add the murder charges after, however , if the prosecutor believes he/she has enough evidence to convict, it's the duty of the prosecutor to prosecute. They only have one shot at the murder charge. If he's found not guilty, he can never be tried for her murder again, even if he admits to it.
I doubt LE thinks that anyone else is involved in this case. The reason I say this, is, if that was true, the warrants would have been imo, sealed and they were not. The reason this is done is because if someone else is involved and free, they can't read the warrant, get a jump on LE, and either destroy or move evidence.
I am not for the death penalty. Not only does it cost more to put someone to death than incarcerate for life, but states with the DP have a much higher rate of violent crime.
Having said that, I think that the DP is a good tool only in a case like this to use in a plea deal. Tell us where she is, and we'll spare your life and give you life without parole.
Murder Rate of Death Penalty States Compared to Non-Death Penalty States | Death Penalty Information Center
