Niner
Long time Websleuther
- Joined
- Aug 18, 2003
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For the week of Monday, Sept. 26th thru Friday, Sept. 30th:
Monday, Sept. 26th:
*Sentencing Hearing (Day 1 of 2) (@ 2:15pm AKST) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (18 @ time of crime/44/now 46) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP)). The Downs case may be the first real test of the limits of DNA forensics in criminal prosecutions — that this case may even reach the U.S. Supreme Court.
Trial began on 1/10/22 & ended with closing arguments on 2/7/22. Jurors: 10 women & 6 men (includes 4 alternates). Jury deliberations started on 2/7/22 thru 2/10/22. Jury found him guilty of all charges.
Court information from 2/19/19 thru 1/5/22 & Trial Days 1/10 to 2/9/22 (Day 1-20) reference post #268 here:
https://www.websleuths.com/forums/t...s-26-april-1993-arrest-in-2019.305947/page-14
2/10/22 Thursday, Trial Day 21: The jury deliberated for days (since Monday) before reaching a verdict Thursday morning. Downs was found guilty on both charges, 1st degree murder & 1st degree sexual assault. Defense attorney James Howaniec said by phone Thursday that Downs & his team of defense lawyers were disappointed by the verdict & that there would likely be an appeal. Howaniec said questions about genetic genealogy will likely be raised on appeal. Downs is being held without bail at the Fairbanks Correctional Center & is scheduled to be sentenced on 9/26/22 & 9/27/22. He faces a maximum prison sentence of 129 years.
2/21/22 Update: Attorneys Franklin E. Spaulding of Spaulding Law & James P. Howaniec of Howaniec Law Offices filed a motion requesting that the court enter a judgement of acquittal & dismiss the convictions against Downs, 47, or that a new trial be granted. The defense had moved for a judgement of acquittal, but it had been denied by the court. Alaska law allows a defendant to renew a motion for judgement of acquittal within five days of a verdict. The motion was filed last Monday. The defense also accused the prosecution of improper allegations, specifically relating to the prosecutor arguing that Downs had lied to investigators when asked if he personally knew Sergie. The motion is different from an appeal, which cannot be made until after sentencing. Downs is scheduled to be sentenced on 9/26/22 & 9/27/22.
2/23/22: Motion #32: Motion to expedite expedited motion for press access to juror names, addresses & jury notes filed by Press. Motion #33: Expedited Motion for press access to juror names, addresses & jury notes filed by Press. 2/24/22: Order: Denying Motion #32. 3/3/11: Notice of filing proposed order denying defendant's motion for judgment of acquittal or new trial filed by special prosecutions (attorney) on behalf of State.
3/25/22 Update: Judge Thomas Temple said in his denial that the defense did not present enough evidence to support its arguments for a new trial. He rejected an appeal for a new trial or a judgment of acquittal. In their motion, Downs’ attorneys cited several grounds for acquittal or new trial in Fairbanks Superior Court, alleging, among other improprieties, misconduct on the part of prosecutors & the lead investigator in the case. When the state rested its case against Downs at trial, the defense had motioned for an acquittal, which was denied by Judge Thomas Temple. In his Friday ruling, Temple addressed each of the defense claims, including the belief certain phone calls between Downs & his attorneys before the trial while Downs was in jail had been illegally monitored by the state.
*Sentencing Hearing (@ 10am ET) – IN - Amanda Blackburn (28) (was 12 weeks pregnant shot to death, Nov. 10, 2015, Indianapolis) - *Diano Cortez Gordan (24/now 31) arrested (11/19/15) on unrelated charges for parole violation. Plus charged (1/14/16) with 2 counts of murder, robbery resulting in serious bodily injury, 2 counts of burglary, theft, intimidation, criminal confinement & battery resulting in moderate bodily injury. Plead not guilty. No bond.
Charges/Plea on other charges Case #s 49D31-1601-MR-001659 (murder)/49G05-1512-F4-043993 (burglary & theft) & Court info from 12/8/21 thru 9/16/22 reference post #882 here:
https://www.websleuths.com/forums/t...red-indianapolis-10-nov-2015-4.295601/page-45
9/16/22 Update: Next pretrial conference hearing re probable cause on 9/23/22. 9/23/22 Update: Pretrial conference commenced & concluded. Defendant in custody & present, represented by Borland; State by Kibbe, Judge Grant W. Hawkins. Sentencing hearing on 9/26/22.
*Larry Jo Taylor, Jr. (18/now 25) - Trial (Blackburn) which started 12/6/21 was declared a mistrial. Blackburn murder: Bench trial began on 9/19/22 & ended 9/22/22 with a Guilty verdict on all charges, except 1 count of murder & 1 count of robbery. Sentencing hearing on 10/14/22. Hernandez murder: final pretrial hearing on 11/15/22. Public Indecency: Final pretrial hearing on 11/15/22. Rape: Final pretrial conference on 11/15/22 & trial on 11/21/22.
*Jalen Emmanuel Watson (21/now 27) - Plead guilty (10/27/21) & sentenced to 29 years. Earliest possible release date: 8/17/2037.
*Trial set to begin (@ 9am CT) - MO – Samara Fontaine Kitts (23), Harley Michael Million (24) & Willa Fontaine Million (17 mos.) (last seen Jan. 25, 2018, reported missing Jan. 28, 2018, found Jan. 29, 2018, Mill Spring) - *Drew D. Atchison (24/now 27) arrested & charged (1/29/18) & arraigned (2/15/18) with 3 counts of 1st degree murder, 3 counts of armed criminal action, 2 counts of child kidnapping & tampering with motor vehicle. Plead not guilty. Held without bond. DA will seek DP.
Confessed to stabbing couple & fatally shooting the baby.
Trial set to begin on 9/26/22 (thru 10/21/22). Jury will be sequestered including voir dire. Change of venue from Wayne County to Cole County.
Court info from 6/25/18 thru 4/7/21 reference post #145 here:
https://www.websleuths.com/forums/t...on-1-slain-wayne-co-25-jan-2018.364152/page-8
4/19/21 Update: Status conference held via WEBEX. State by Zoellner & Pierce. Defendant by Mitchell. Case set for 4 weeks of sequestered jury trial (including voir dire) beginning 9/26/22. Case set for evidentiary motions on 11/8/21 to start at 9:00am.
10/25/21: Notice of intent to rely on business records, business records affidavit. State's response in opposition to Motion to Suppress statements & suggestions in support. 10/29/21: Motion to stay the proceedings, or for other relief, because Cole County fails to comply with the statutory scheme for summoning a representative jury filed by defendant. Subpoena request for Dep. Logan Allen filed by Charles Moreland. 11/4/21: Supplemental response to State's request for disclosure filed by defendant. 11/5/21: Stipulation testimony of Logan Allen filed by Charles Moreland. 11/9/21: Stipulation filed: fair cross section filed by defendant.
3/8/22: Motion for alternative seating arraignments during trial filed by Chelsea Mitchell on behalf of Atchison. Request filed to apply objective observer standard to discriminatory peremptory strikes filed. Motion for Discovery-Motion for disclosure from AG of prior use of peremptory strikes in felony trials filed by defense. 3/16/22: Suggestions in Support: Reasons why Drew's statements & evidence must be suppressed; attached exhibits; C-3 TCR Transcript of Atchison interview; electronic filing certificate of service filed by Chelsea Mitchell. 4/6/22: Suggestions in Support: Memorandum in support of motion to stay proceedings filed by Chelsea Mitchell. 4/7/22: Proposed Order filed: re Suppression & re cross section filed by Melissa Pierce.
5/16/22: Order: Findings of fact, conclusions of Law & Judgment. It is Ordered: adjudged & decreed that defendant's Motion to stay proceedings is denied. Trial set to begin on 9/26/22 to 10/21/22 @ 9am.
*Trial set to begin (@ 9am CT) - TX - Thomas Earl McGraw, Jr. (28), Beth Yvette Wilburn (25) & James Craig Oatis (22) all slain in the Corvette Concepts garage, League City, Nov. 2, 1983. *Jesse Dean Kersh (25 @ time of crime/58/now 65) arrested & charged (1/26/16) & indicted (4/21/16) with 3 counts of 1st degree felony murder. Plead not guilty. Bond $150K.
Trial was set to begin on 9/19/22 rescheduled on 9/26/22.
Case & court info from 2/14/16 to 10/7/21 reference post #16 here:
https://www.websleuths.com/forums/t...atis-slain-league-city-nov-1983-arrest.32808/
5/9/22: Notice of State's intent to introduce extraneous offenses. Pretrial conference hearing reset set from 7/16/21 on 9/9/22. Jury trial reset from 7/27/21 set to begin on 9/19/22. 9/9/22 Update: Next trial on 9/19/22. 9/17/22 Update: Trial has been reset to 9/26/22.
*Trial continues (Day 30) (@ 8:30am PT) - CA - Kristin Denise Smart (19) (missing May 25, 1996 while walking back to her dorm from a off campus frat party at Cal Poly, reported missing on May 26, 1996, San Luis Obispo, still missing; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with accessory to murder after the fact. Plead not guilty. $250K bond. Bond was lower to $50K. Has posted bond (4/22/21), out of jail.
Trial began on 7/18/22 with opening statements for Paul in am & Ruben in pm (which was continued on 7/21/22). State rested their case on 9/20/22. Defense started presenting their case on 9/21/22.
Paul’s attorney Robert Sanger & Ruben’s is Harold V. Mesick. Prosecutor is Christopher Peuvrelle. Judge Jennifer O’Keefe presiding.
Judge O’Keefe has blocked defense attorney Sanger from suggesting someone else killed Smart unless he can provide evidence of direct involvement.
Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries each: 12 jurors & 8 alternates; Paul’s: 8 men & 12 women & Ruben’s: 9 men & 10 women (still waiting for correction). 8/4/22: Another juror from Ruben's jury is out this morning & an alternate was sworn in to replace them. So now the count is correct at 19. 8/10/22: Sick juror did not return, alternate sworn in. Paul’s: 7 men & 12 women & Ruben’s: 9 men & 10 women. (a guess on genders)
Case & court info from 5/17/21 thru 7/19/22 & Trial Day 1-28 (7/18 to 9/21/22) reference post #148 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-8
9/22/22 Thursday, Trial Day 29: Defense witness: Dr. Elizabeth Johnson, a Forensic DNA consultant for public defenders & defense attorney who do not have access to a forensics lab continues on stand.
For more info see posts #178 to 180 (for yesterday) here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-9
For more info see posts #181 to 182 (for yesterday), 183 to 192, 195 to 198 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-10
Defense witness: Brent (no last name given). In 1996 was living in Huasna. Dated Jennifer Hudson for about 5 to 6 years in the 90s.
For more info see posts #198, 200 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-10
For more info see posts #201 to 204 & 212 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-11
Sanger: "Your Honor, our other witness had an emergency situation & had to leave to attend to that. Judge O'Keefe: "Ladies & gentlemen, we are going to end early today. Tomorrow is a court holiday. We are back on Monday, 9/26/22 at 8:30am."
Defense filed a motion. No details on the Defense's motion were discussed in open court, aside from the fact that it was previously requested & denied before today. Judge O'Keefe: The Court is going to respectfully deny the Defense motion for the reasons that were previously stated.
*Trial continues (Day 3)-MAYBE!? (@ 10am PT) – CA – Michelle Lozano (17) (found Apr. 25, 2011 along side Golden State (5) Freeway near State St. in Boyle Heights & dumped over a masonry barrier along the freeway, Los Angeles County) & Bree’Anna Guzman (22) (missing Dec. 26, 2011, Los Angeles, found Jan. 26, 2012 near the Riverside Drive onramp to the southbound Glendale (2) Freeway in the Silver Lake area. The body was apparently was dumped at the location, Los Angeles County) – *Geovanni Borjas (24 @ time of 1st crime/33/now 37) charged (2/15/18) & arraigned (5/30/18) with 2 counts of murder, forcible rape & 1 count of kidnapping (for Guzman). (Murder charges include the special circumstance allegations of multiple murders, murder during the commission of a rape involving both victims & murder during the commission of a kidnapping involving Guzman). Plead not guilty. Held without bond. DA will not seek DP.
DNA search matched familial DNA.
Trial began on 9/22/22.
Court info from 9/27/18 thru 8/12/22 reference post #86 here:
https://www.websleuths.com/forums/t...urdered-los-angeles-2011-arrest.158698/page-5
9/22/22 Thursday, Trial Day 1: No info available. Probably had jury selection. Trial continues on 9/23/22.
9/23/22 Friday, Trial Day 2: No info available. Trial continues on Monday, 9/26/22. Nothing on court site....
*Trial continues (Day 5) (@ 8:30am CT) - MO – Jane M. Moeckel (61), Zoe J. Kasten (8), Jonathan D. Kasten (10) & Kate Kasten (39) (mom of kids) (Dec. 28, 2018, St. Charles; shot) - *Richard Darren Emery (46/now 49) (BF of mom) charged (12/29/18) & indicted (4/12/19) with 4 counts of 1st degree murder, 7 counts of felony armed criminal action, 3 counts of 1st degree assault (attempt-serious physical injury/special victim) & 1 count of 1st degree attempted robbery. Plead not guilty. No bond. DA will seek DP.
Trial began 9/6/22 with jury selection expected to last until 9/19/22. Trial began on 9/20/22. (expected to last 3 weeks). The judge has ordered the jury sequestered for the duration of the trial.
Court info from 12/31/18 thru 1/4/22 & jury selection (Day 1-10) 9/6/22 thru 9/19/22 & Trial (Day 1) 9/20/22 reference post #191 here:
https://www.websleuths.com/forums/t...in-st-charles-home-29-dec-2018.408303/page-10
9/21/22 Wednesday, Trial Day 2: No info available. Trial continues on 9/22/22.
9/22/22 Thursday, Trial Day 3: No info available. Trial continues on 9/23/22.
9/23/22 Friday, Trial Day 4: No info available. Trial continues on Monday, 9/26/22.
*Bench Trial continues (Day 15) (custody) (@ am CT) –IL - Sheila von Wiese-Mack (62) (killed in Bali on 8/12/14 by daughter & her bf Tommy Schaefer at the St. Regis Bali Resort Hotel in Bali, Indonesia) - *Heather Mack (19 @ time of crime/26) Federal indictment (2017), charged & arrested (11/3/21) & arraigned (11/3/21) with conspiracy to kill in a foreign country, conspiracy to commit foreign murder of a U.S. national & obstruction of justice. Plead not guilty (11/3/21). Held without bond.
Bench trial began on 9/6/22 for custody of Stella.
Federal Trial set to begin on 7/31/23. (3 week trial)
Info on Mack’s previous crime & case info from 11/12/21 thru 6/29/22 & Bench Trial Day 1-13 (9/6/22 to 9/22/22) reference post #539 here:
https://www.websleuths.com/forums/t...-aug-2014-fnd-guilty-in-bali-6.593581/page-27
9/8/22 Update: Mack has pleaded not guilty to the charges & U.S. District Judge Charles Norgle on Thursday scheduled Mack's trial to begin on 7/31/23. Federal prosecutors have said they expect the trial "will last no longer than three weeks."
9/23/22 Friday, Trial Day 14: No idea what is going on. Trial (I guess) continues on Monday, 9/26/22.
*Trial continues (Day 11) (@ 9am ET) - OH - Pike County 8 people dead: Christopher Rhoden, Sr. (40), his ex-wife, Dana Manley Rhoden (37), their three children, Clarence "Frankie" Rhoden (20), Christopher Jr. (16), Hanna Mae (19); Frankie's fiancée, Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother, Kenneth Rhoden (44), & a cousin, Gary Rhoden (37). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) & a young child (3) were unharmed. (April 21-22, 2016, Pebbles) – for *George Washington Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) with 8 counts aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 5th degree obstructing justice, & 1 count of 1st degree engaging in a pattern of corrupt activity. Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table if his testimony is truthful.
Trial began on 8/29/22 with final jury selection & the jury was seated on 8/30/22. 12 Jurors & 6 alternates. Jury: (9 women & 3 men) & 6 alternates: (5 women & 1 man).
Trial began with opening statements began on Monday, 9/12/22. (Trial is scheduled for 30 days).
Crime info & court hearings from 11/28/18 thru 9/6/22 & Trial Day 1-9 (9/12 to 9/22/22) post #4 here:
https://www.websleuths.com/forums/t...e-4-members-wagner-family-arrested-73.637705/
9/23/22 Friday, Trial Day 10: State witness: former BCI Agent Bryan White back on stand for Scene #3 at Dana, Hanna & Chris Jr.
For more info see posts #10 (Video), 13 & 15 here:
https://www.websleuths.com/forums/t...e-4-members-wagner-family-arrested-73.637705/
For more info see posts #21, 23, 36 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-2
For more info see posts #49 & 50 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-3
Hamilton County Chief Deputy Coroner Karen Looman. Walked thru Dana, Hanna & Chris, Jr., autopsies.
For more info see posts #58 & 60 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-3
For more info see posts #62 & 70 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-4
For more info see posts #93 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-5
For more info see posts #116 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-6
For more info see posts #142 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-8
Trial continues on Monday, 9/26/22.
Tuesday, Sept. 27th:
*Trial continues (Day 9) (@ 10:30am PT) – AZ – *Maribel Victoria Gonzales (13) (June 4, 2014, Tucson, found June 6, 2014, id’ed June 20, 2014) – *Christopher Matthew Clements (30 @ time of 1st crime/36/now 40) aka Damion James Johnson indicted (9/15/18) & arraigned & charged (9/24/18) with 1 count of 1st degree murder, 1 count of kidnapping a minor under 15 & 14 counts of sexual exploitation of minors. Plead not guilty. $2M cash only bond. DA will not seek DP.
Murder trial for Maribel began on 9/8/22 with jury selection (2 days) & trial started on Tuesday, 9/13/22. Tuesday to Fridays.
Jury: 9 women & 7 men (with 4 alternates). 9/22/22: Judge dismissed juror #9 due to illness. Jury: 8 women & 7 men (with 3 alternates).
State rested their case on 9/21/22.
Court info from 8/23/19 to 7/30/22 & Jury Selection 9/8 to 9/12/22 & Trial Day 1-7 (9/13 to 9/22/22) reference post #262 here:
https://www.websleuths.com/forums/t...s-13-tucson-3-june-2014-arrest.251212/page-14
9/21/22 Wednesday, Trial Day 6: Additional info. State witnesses: Marie Yocum, latent print examiner for Pima County Sheriff's Dept. Russell Blaylock. police computer expert formerly with Tucson Police to discuss what investigators found on two iPads Clements owned. FBI Special Agent Patrick Cullen, computer specialist who searched Clements' electronic devices. Two mothers took the stand (no names given) regarding photos of their children on Clements' computer.
For more info see post #269 (article) here:
https://www.websleuths.com/forums/t...s-13-tucson-3-june-2014-arrest.251212/page-14
State rested their case.
9/23/22 Friday, Trial Day 8: Defense witness: Dr. Rebecca M. Hsu, forensic pathologist.
for more info see post #270 (article) here:
https://www.websleuths.com/forums/t...s-13-tucson-3-june-2014-arrest.251212/page-14
The trial will resume Tuesday, 9/27/22 & the defense will call at least two more witnesses -- DNA analyst Mike Spence & cell phone/mapping expert Karl Epps. After that, closing arguments will begin & the jury will begin deliberations.
Friday, Sept. 30th:
*Trial set to begin (@ 9am PT) – CA – Diego Villa Torralba (newborn-12 hours old) (July 19, 2019, Oxnard; strangled after birth) - *Andrea Torralba Comacho (20/now 23) ”mom” arrested (7/19/19), charged (7/23/19) & arraigned (9/30/19) & re-arraigned (10/7/21) with murder & assault on a child by means of force resulting in death. Plead not guilty. Was $1M bond, changed (9/30/19) to $5M.
*Diego Villa Torralba aka David Luna Villa (21/now 24) “father” arrested (7/19/19), charged (7/23/19) & arraigned (9/30/19) & re-arraigned (10/7/21) with murder & assault on a child by means of force resulting in death. Plead not guilty. $5M bond.
Trial was set to begin on 6/21/22 continued to 9/8/22 continued to 9/30/22.
Court info from 7/19/19 thru 3/10/22 reference post #139 here:
https://www.websleuths.com/forums/t...rth-oxnard-19-july-2019-arrests.460871/page-7
6/21/22 Tuesday, Day 1 of Trial: Trial has been continued on 9/8/22. 9/8/22 Update: Trial has been continued to 9/30/22.
Monday, Sept. 26th:
*Sentencing Hearing (Day 1 of 2) (@ 2:15pm AKST) – AK – Sophie Sergie (20) (April 26, 1993, Fairbanks) - *Steven Harris Downs (18 @ time of crime/44/now 46) arrested (in Auburn, Maine), charged (2/15/19), indicted (3/14/19) & arraigned (8/6/19 & 8/14/19) with 1st degree intentional murder & 1st degree sexual assault. Plead not guilty. Held without bond, changed to $1M (8/6/19). Bond changed (8/16/19) to $550K.
DNA GEDMatch/Parabon Nanolabs (Single Nucleotide Polymorphism (SNP)). The Downs case may be the first real test of the limits of DNA forensics in criminal prosecutions — that this case may even reach the U.S. Supreme Court.
Trial began on 1/10/22 & ended with closing arguments on 2/7/22. Jurors: 10 women & 6 men (includes 4 alternates). Jury deliberations started on 2/7/22 thru 2/10/22. Jury found him guilty of all charges.
Court information from 2/19/19 thru 1/5/22 & Trial Days 1/10 to 2/9/22 (Day 1-20) reference post #268 here:
https://www.websleuths.com/forums/t...s-26-april-1993-arrest-in-2019.305947/page-14
2/10/22 Thursday, Trial Day 21: The jury deliberated for days (since Monday) before reaching a verdict Thursday morning. Downs was found guilty on both charges, 1st degree murder & 1st degree sexual assault. Defense attorney James Howaniec said by phone Thursday that Downs & his team of defense lawyers were disappointed by the verdict & that there would likely be an appeal. Howaniec said questions about genetic genealogy will likely be raised on appeal. Downs is being held without bail at the Fairbanks Correctional Center & is scheduled to be sentenced on 9/26/22 & 9/27/22. He faces a maximum prison sentence of 129 years.
2/21/22 Update: Attorneys Franklin E. Spaulding of Spaulding Law & James P. Howaniec of Howaniec Law Offices filed a motion requesting that the court enter a judgement of acquittal & dismiss the convictions against Downs, 47, or that a new trial be granted. The defense had moved for a judgement of acquittal, but it had been denied by the court. Alaska law allows a defendant to renew a motion for judgement of acquittal within five days of a verdict. The motion was filed last Monday. The defense also accused the prosecution of improper allegations, specifically relating to the prosecutor arguing that Downs had lied to investigators when asked if he personally knew Sergie. The motion is different from an appeal, which cannot be made until after sentencing. Downs is scheduled to be sentenced on 9/26/22 & 9/27/22.
2/23/22: Motion #32: Motion to expedite expedited motion for press access to juror names, addresses & jury notes filed by Press. Motion #33: Expedited Motion for press access to juror names, addresses & jury notes filed by Press. 2/24/22: Order: Denying Motion #32. 3/3/11: Notice of filing proposed order denying defendant's motion for judgment of acquittal or new trial filed by special prosecutions (attorney) on behalf of State.
3/25/22 Update: Judge Thomas Temple said in his denial that the defense did not present enough evidence to support its arguments for a new trial. He rejected an appeal for a new trial or a judgment of acquittal. In their motion, Downs’ attorneys cited several grounds for acquittal or new trial in Fairbanks Superior Court, alleging, among other improprieties, misconduct on the part of prosecutors & the lead investigator in the case. When the state rested its case against Downs at trial, the defense had motioned for an acquittal, which was denied by Judge Thomas Temple. In his Friday ruling, Temple addressed each of the defense claims, including the belief certain phone calls between Downs & his attorneys before the trial while Downs was in jail had been illegally monitored by the state.
*Sentencing Hearing (@ 10am ET) – IN - Amanda Blackburn (28) (was 12 weeks pregnant shot to death, Nov. 10, 2015, Indianapolis) - *Diano Cortez Gordan (24/now 31) arrested (11/19/15) on unrelated charges for parole violation. Plus charged (1/14/16) with 2 counts of murder, robbery resulting in serious bodily injury, 2 counts of burglary, theft, intimidation, criminal confinement & battery resulting in moderate bodily injury. Plead not guilty. No bond.
Charges/Plea on other charges Case #s 49D31-1601-MR-001659 (murder)/49G05-1512-F4-043993 (burglary & theft) & Court info from 12/8/21 thru 9/16/22 reference post #882 here:
https://www.websleuths.com/forums/t...red-indianapolis-10-nov-2015-4.295601/page-45
9/16/22 Update: Next pretrial conference hearing re probable cause on 9/23/22. 9/23/22 Update: Pretrial conference commenced & concluded. Defendant in custody & present, represented by Borland; State by Kibbe, Judge Grant W. Hawkins. Sentencing hearing on 9/26/22.
*Larry Jo Taylor, Jr. (18/now 25) - Trial (Blackburn) which started 12/6/21 was declared a mistrial. Blackburn murder: Bench trial began on 9/19/22 & ended 9/22/22 with a Guilty verdict on all charges, except 1 count of murder & 1 count of robbery. Sentencing hearing on 10/14/22. Hernandez murder: final pretrial hearing on 11/15/22. Public Indecency: Final pretrial hearing on 11/15/22. Rape: Final pretrial conference on 11/15/22 & trial on 11/21/22.
*Jalen Emmanuel Watson (21/now 27) - Plead guilty (10/27/21) & sentenced to 29 years. Earliest possible release date: 8/17/2037.
*Trial set to begin (@ 9am CT) - MO – Samara Fontaine Kitts (23), Harley Michael Million (24) & Willa Fontaine Million (17 mos.) (last seen Jan. 25, 2018, reported missing Jan. 28, 2018, found Jan. 29, 2018, Mill Spring) - *Drew D. Atchison (24/now 27) arrested & charged (1/29/18) & arraigned (2/15/18) with 3 counts of 1st degree murder, 3 counts of armed criminal action, 2 counts of child kidnapping & tampering with motor vehicle. Plead not guilty. Held without bond. DA will seek DP.
Confessed to stabbing couple & fatally shooting the baby.
Trial set to begin on 9/26/22 (thru 10/21/22). Jury will be sequestered including voir dire. Change of venue from Wayne County to Cole County.
Court info from 6/25/18 thru 4/7/21 reference post #145 here:
https://www.websleuths.com/forums/t...on-1-slain-wayne-co-25-jan-2018.364152/page-8
4/19/21 Update: Status conference held via WEBEX. State by Zoellner & Pierce. Defendant by Mitchell. Case set for 4 weeks of sequestered jury trial (including voir dire) beginning 9/26/22. Case set for evidentiary motions on 11/8/21 to start at 9:00am.
10/25/21: Notice of intent to rely on business records, business records affidavit. State's response in opposition to Motion to Suppress statements & suggestions in support. 10/29/21: Motion to stay the proceedings, or for other relief, because Cole County fails to comply with the statutory scheme for summoning a representative jury filed by defendant. Subpoena request for Dep. Logan Allen filed by Charles Moreland. 11/4/21: Supplemental response to State's request for disclosure filed by defendant. 11/5/21: Stipulation testimony of Logan Allen filed by Charles Moreland. 11/9/21: Stipulation filed: fair cross section filed by defendant.
3/8/22: Motion for alternative seating arraignments during trial filed by Chelsea Mitchell on behalf of Atchison. Request filed to apply objective observer standard to discriminatory peremptory strikes filed. Motion for Discovery-Motion for disclosure from AG of prior use of peremptory strikes in felony trials filed by defense. 3/16/22: Suggestions in Support: Reasons why Drew's statements & evidence must be suppressed; attached exhibits; C-3 TCR Transcript of Atchison interview; electronic filing certificate of service filed by Chelsea Mitchell. 4/6/22: Suggestions in Support: Memorandum in support of motion to stay proceedings filed by Chelsea Mitchell. 4/7/22: Proposed Order filed: re Suppression & re cross section filed by Melissa Pierce.
5/16/22: Order: Findings of fact, conclusions of Law & Judgment. It is Ordered: adjudged & decreed that defendant's Motion to stay proceedings is denied. Trial set to begin on 9/26/22 to 10/21/22 @ 9am.
*Trial set to begin (@ 9am CT) - TX - Thomas Earl McGraw, Jr. (28), Beth Yvette Wilburn (25) & James Craig Oatis (22) all slain in the Corvette Concepts garage, League City, Nov. 2, 1983. *Jesse Dean Kersh (25 @ time of crime/58/now 65) arrested & charged (1/26/16) & indicted (4/21/16) with 3 counts of 1st degree felony murder. Plead not guilty. Bond $150K.
Trial was set to begin on 9/19/22 rescheduled on 9/26/22.
Case & court info from 2/14/16 to 10/7/21 reference post #16 here:
https://www.websleuths.com/forums/t...atis-slain-league-city-nov-1983-arrest.32808/
5/9/22: Notice of State's intent to introduce extraneous offenses. Pretrial conference hearing reset set from 7/16/21 on 9/9/22. Jury trial reset from 7/27/21 set to begin on 9/19/22. 9/9/22 Update: Next trial on 9/19/22. 9/17/22 Update: Trial has been reset to 9/26/22.
*Trial continues (Day 30) (@ 8:30am PT) - CA - Kristin Denise Smart (19) (missing May 25, 1996 while walking back to her dorm from a off campus frat party at Cal Poly, reported missing on May 26, 1996, San Luis Obispo, still missing; legally declared dead on May 25, 2002) – *Paul Ruben Flores (19 @ time of crime/44/now 45) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80/now 81) arrested (4/13/21), charged (4/14/21) & arraigned (10/20/21) with accessory to murder after the fact. Plead not guilty. $250K bond. Bond was lower to $50K. Has posted bond (4/22/21), out of jail.
Trial began on 7/18/22 with opening statements for Paul in am & Ruben in pm (which was continued on 7/21/22). State rested their case on 9/20/22. Defense started presenting their case on 9/21/22.
Paul’s attorney Robert Sanger & Ruben’s is Harold V. Mesick. Prosecutor is Christopher Peuvrelle. Judge Jennifer O’Keefe presiding.
Judge O’Keefe has blocked defense attorney Sanger from suggesting someone else killed Smart unless he can provide evidence of direct involvement.
Trial has been moved from San Luis Obispo County to Monterey County in Salinas. For 2 juries each: 12 jurors & 8 alternates; Paul’s: 8 men & 12 women & Ruben’s: 9 men & 10 women (still waiting for correction). 8/4/22: Another juror from Ruben's jury is out this morning & an alternate was sworn in to replace them. So now the count is correct at 19. 8/10/22: Sick juror did not return, alternate sworn in. Paul’s: 7 men & 12 women & Ruben’s: 9 men & 10 women. (a guess on genders)
Case & court info from 5/17/21 thru 7/19/22 & Trial Day 1-28 (7/18 to 9/21/22) reference post #148 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-8
9/22/22 Thursday, Trial Day 29: Defense witness: Dr. Elizabeth Johnson, a Forensic DNA consultant for public defenders & defense attorney who do not have access to a forensics lab continues on stand.
For more info see posts #178 to 180 (for yesterday) here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-9
For more info see posts #181 to 182 (for yesterday), 183 to 192, 195 to 198 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-10
Defense witness: Brent (no last name given). In 1996 was living in Huasna. Dated Jennifer Hudson for about 5 to 6 years in the 90s.
For more info see posts #198, 200 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-10
For more info see posts #201 to 204 & 212 here:
https://www.websleuths.com/forums/threads/ca-kristin-smart-san-luis-obispo-arrests-4.635475/page-11
Sanger: "Your Honor, our other witness had an emergency situation & had to leave to attend to that. Judge O'Keefe: "Ladies & gentlemen, we are going to end early today. Tomorrow is a court holiday. We are back on Monday, 9/26/22 at 8:30am."
Defense filed a motion. No details on the Defense's motion were discussed in open court, aside from the fact that it was previously requested & denied before today. Judge O'Keefe: The Court is going to respectfully deny the Defense motion for the reasons that were previously stated.
*Trial continues (Day 3)-MAYBE!? (@ 10am PT) – CA – Michelle Lozano (17) (found Apr. 25, 2011 along side Golden State (5) Freeway near State St. in Boyle Heights & dumped over a masonry barrier along the freeway, Los Angeles County) & Bree’Anna Guzman (22) (missing Dec. 26, 2011, Los Angeles, found Jan. 26, 2012 near the Riverside Drive onramp to the southbound Glendale (2) Freeway in the Silver Lake area. The body was apparently was dumped at the location, Los Angeles County) – *Geovanni Borjas (24 @ time of 1st crime/33/now 37) charged (2/15/18) & arraigned (5/30/18) with 2 counts of murder, forcible rape & 1 count of kidnapping (for Guzman). (Murder charges include the special circumstance allegations of multiple murders, murder during the commission of a rape involving both victims & murder during the commission of a kidnapping involving Guzman). Plead not guilty. Held without bond. DA will not seek DP.
DNA search matched familial DNA.
Trial began on 9/22/22.
Court info from 9/27/18 thru 8/12/22 reference post #86 here:
https://www.websleuths.com/forums/t...urdered-los-angeles-2011-arrest.158698/page-5
9/22/22 Thursday, Trial Day 1: No info available. Probably had jury selection. Trial continues on 9/23/22.
9/23/22 Friday, Trial Day 2: No info available. Trial continues on Monday, 9/26/22. Nothing on court site....
*Trial continues (Day 5) (@ 8:30am CT) - MO – Jane M. Moeckel (61), Zoe J. Kasten (8), Jonathan D. Kasten (10) & Kate Kasten (39) (mom of kids) (Dec. 28, 2018, St. Charles; shot) - *Richard Darren Emery (46/now 49) (BF of mom) charged (12/29/18) & indicted (4/12/19) with 4 counts of 1st degree murder, 7 counts of felony armed criminal action, 3 counts of 1st degree assault (attempt-serious physical injury/special victim) & 1 count of 1st degree attempted robbery. Plead not guilty. No bond. DA will seek DP.
Trial began 9/6/22 with jury selection expected to last until 9/19/22. Trial began on 9/20/22. (expected to last 3 weeks). The judge has ordered the jury sequestered for the duration of the trial.
Court info from 12/31/18 thru 1/4/22 & jury selection (Day 1-10) 9/6/22 thru 9/19/22 & Trial (Day 1) 9/20/22 reference post #191 here:
https://www.websleuths.com/forums/t...in-st-charles-home-29-dec-2018.408303/page-10
9/21/22 Wednesday, Trial Day 2: No info available. Trial continues on 9/22/22.
9/22/22 Thursday, Trial Day 3: No info available. Trial continues on 9/23/22.
9/23/22 Friday, Trial Day 4: No info available. Trial continues on Monday, 9/26/22.
*Bench Trial continues (Day 15) (custody) (@ am CT) –IL - Sheila von Wiese-Mack (62) (killed in Bali on 8/12/14 by daughter & her bf Tommy Schaefer at the St. Regis Bali Resort Hotel in Bali, Indonesia) - *Heather Mack (19 @ time of crime/26) Federal indictment (2017), charged & arrested (11/3/21) & arraigned (11/3/21) with conspiracy to kill in a foreign country, conspiracy to commit foreign murder of a U.S. national & obstruction of justice. Plead not guilty (11/3/21). Held without bond.
Bench trial began on 9/6/22 for custody of Stella.
Federal Trial set to begin on 7/31/23. (3 week trial)
Info on Mack’s previous crime & case info from 11/12/21 thru 6/29/22 & Bench Trial Day 1-13 (9/6/22 to 9/22/22) reference post #539 here:
https://www.websleuths.com/forums/t...-aug-2014-fnd-guilty-in-bali-6.593581/page-27
9/8/22 Update: Mack has pleaded not guilty to the charges & U.S. District Judge Charles Norgle on Thursday scheduled Mack's trial to begin on 7/31/23. Federal prosecutors have said they expect the trial "will last no longer than three weeks."
9/23/22 Friday, Trial Day 14: No idea what is going on. Trial (I guess) continues on Monday, 9/26/22.
*Trial continues (Day 11) (@ 9am ET) - OH - Pike County 8 people dead: Christopher Rhoden, Sr. (40), his ex-wife, Dana Manley Rhoden (37), their three children, Clarence "Frankie" Rhoden (20), Christopher Jr. (16), Hanna Mae (19); Frankie's fiancée, Hannah Hazel Gilley (20), Christopher Rhoden Sr.'s brother, Kenneth Rhoden (44), & a cousin, Gary Rhoden (37). Hanna Rhoden's baby girl (5 days old), another baby (6 mos.) & a young child (3) were unharmed. (April 21-22, 2016, Pebbles) – for *George Washington Wagner IV (27/now 30) (Jakes’ bro) indicted (11/12/18), arrested (11/13/18), charged (11/15/18) & arraigned (11/28/18) with 8 counts aggravated murder, (plus gun specifications on each), 1 count of 1st degree conspiracy, 4 counts of 1st degree aggravated burglary, 1 count of 5th degree unlawful possession of dangerous ordnance, 3 counts of 3rd degree evidence tampering, 1 count of 5th degree forgery, 1 count of 5th degree unauthorized use of computer or telecommunications, 1 count of 4th degree interception of wire, oral or electronic communication, 1 count of 5th degree obstructing justice, & 1 count of 1st degree engaging in a pattern of corrupt activity. Plead not guilty. Held without bond. DA will seek the DP. Per Jake’s plea agreement, DP is off the table if his testimony is truthful.
Trial began on 8/29/22 with final jury selection & the jury was seated on 8/30/22. 12 Jurors & 6 alternates. Jury: (9 women & 3 men) & 6 alternates: (5 women & 1 man).
Trial began with opening statements began on Monday, 9/12/22. (Trial is scheduled for 30 days).
Crime info & court hearings from 11/28/18 thru 9/6/22 & Trial Day 1-9 (9/12 to 9/22/22) post #4 here:
https://www.websleuths.com/forums/t...e-4-members-wagner-family-arrested-73.637705/
9/23/22 Friday, Trial Day 10: State witness: former BCI Agent Bryan White back on stand for Scene #3 at Dana, Hanna & Chris Jr.
For more info see posts #10 (Video), 13 & 15 here:
https://www.websleuths.com/forums/t...e-4-members-wagner-family-arrested-73.637705/
For more info see posts #21, 23, 36 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-2
For more info see posts #49 & 50 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-3
Hamilton County Chief Deputy Coroner Karen Looman. Walked thru Dana, Hanna & Chris, Jr., autopsies.
For more info see posts #58 & 60 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-3
For more info see posts #62 & 70 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-4
For more info see posts #93 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-5
For more info see posts #116 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-6
For more info see posts #142 here:
https://www.websleuths.com/forums/t...mbers-wagner-family-arrested-73.637705/page-8
Trial continues on Monday, 9/26/22.
Tuesday, Sept. 27th:
*Trial continues (Day 9) (@ 10:30am PT) – AZ – *Maribel Victoria Gonzales (13) (June 4, 2014, Tucson, found June 6, 2014, id’ed June 20, 2014) – *Christopher Matthew Clements (30 @ time of 1st crime/36/now 40) aka Damion James Johnson indicted (9/15/18) & arraigned & charged (9/24/18) with 1 count of 1st degree murder, 1 count of kidnapping a minor under 15 & 14 counts of sexual exploitation of minors. Plead not guilty. $2M cash only bond. DA will not seek DP.
Murder trial for Maribel began on 9/8/22 with jury selection (2 days) & trial started on Tuesday, 9/13/22. Tuesday to Fridays.
Jury: 9 women & 7 men (with 4 alternates). 9/22/22: Judge dismissed juror #9 due to illness. Jury: 8 women & 7 men (with 3 alternates).
State rested their case on 9/21/22.
Court info from 8/23/19 to 7/30/22 & Jury Selection 9/8 to 9/12/22 & Trial Day 1-7 (9/13 to 9/22/22) reference post #262 here:
https://www.websleuths.com/forums/t...s-13-tucson-3-june-2014-arrest.251212/page-14
9/21/22 Wednesday, Trial Day 6: Additional info. State witnesses: Marie Yocum, latent print examiner for Pima County Sheriff's Dept. Russell Blaylock. police computer expert formerly with Tucson Police to discuss what investigators found on two iPads Clements owned. FBI Special Agent Patrick Cullen, computer specialist who searched Clements' electronic devices. Two mothers took the stand (no names given) regarding photos of their children on Clements' computer.
For more info see post #269 (article) here:
https://www.websleuths.com/forums/t...s-13-tucson-3-june-2014-arrest.251212/page-14
State rested their case.
9/23/22 Friday, Trial Day 8: Defense witness: Dr. Rebecca M. Hsu, forensic pathologist.
for more info see post #270 (article) here:
https://www.websleuths.com/forums/t...s-13-tucson-3-june-2014-arrest.251212/page-14
The trial will resume Tuesday, 9/27/22 & the defense will call at least two more witnesses -- DNA analyst Mike Spence & cell phone/mapping expert Karl Epps. After that, closing arguments will begin & the jury will begin deliberations.
Friday, Sept. 30th:
*Trial set to begin (@ 9am PT) – CA – Diego Villa Torralba (newborn-12 hours old) (July 19, 2019, Oxnard; strangled after birth) - *Andrea Torralba Comacho (20/now 23) ”mom” arrested (7/19/19), charged (7/23/19) & arraigned (9/30/19) & re-arraigned (10/7/21) with murder & assault on a child by means of force resulting in death. Plead not guilty. Was $1M bond, changed (9/30/19) to $5M.
*Diego Villa Torralba aka David Luna Villa (21/now 24) “father” arrested (7/19/19), charged (7/23/19) & arraigned (9/30/19) & re-arraigned (10/7/21) with murder & assault on a child by means of force resulting in death. Plead not guilty. $5M bond.
Trial was set to begin on 6/21/22 continued to 9/8/22 continued to 9/30/22.
Court info from 7/19/19 thru 3/10/22 reference post #139 here:
https://www.websleuths.com/forums/t...rth-oxnard-19-july-2019-arrests.460871/page-7
6/21/22 Tuesday, Day 1 of Trial: Trial has been continued on 9/8/22. 9/8/22 Update: Trial has been continued to 9/30/22.
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