GUILTY TX - Christina Morris, 23, Plano, 30 Aug 2014 - Enrique Arochi kidnapping trial #3

[arkansasmimi]

Natalie Solis ‏@Fox4Natalie 1m1 minute ago McKinney, TX
Bradford on cross: objection is sustained. Judge not allowing doc to be shown. @FOX4 #arochitrial

L.P. Phillips ‏@lpphillips 2m2 minutes ago Manhattan, NY
Document cannot be entered as evidence by defense #arochitrial

L.P. Phillips ‏@lpphillips 1m1 minute ago Manhattan, NY
Bradford: Expert in a specific area of DNA. #arochitrial

 

[arkansasmimi]

L.P. Phillips ‏@lpphillips 56s56 seconds ago Manhattan, NY
Gore tells Bradford to tell his co-workers they "have subpoenas, get ready to come" to trial #arochitrial

Natalie Solis ‏@Fox4Natalie 50s50 seconds ago McKinney, TX
Defense tells Bradford his colleagues frm report saying no blood found in sample should plan to testify since he can't @FOX4 #arochitrial

L.P. Phillips ‏@lpphillips 1m1 minute ago Manhattan, NY
Gore seem aggravated that the people who wrote the report aren't here and that Bradford can't testify on their behalf. #arochitrial

 

[arkansasmimi]

2:09 p.m. local trial timeL.P. Phillips ‏@lpphillips 1m1 minute ago Manhattan, NY
Gore wants to enter that same doc. Judge sending jury out. #arochitrial

 

[arkansasmimi]

Valerie WigglesworthVerified account ‏@vlwigg 3m3 minutes ago
Defense trying to get lab report admitted. Prosecutor objects. Jury being sent out. #arochitrial

L.P. Phillips ‏@lpphillips 2m2 minutes ago Manhattan, NY
Judge to Gore-"You've tried mightly. You get a 5.9 from the American judge." He'[s not a custodian of the record. #arochitrial

L.P. Phillips ‏@lpphillips 1m1 minute ago Manhattan, NY
Gore may have to tag the taxpayers for a trip to get two witnesses here. Judge "That was unnecessary, Mr. Gore." #arochitrial

Valerie WigglesworthVerified account ‏@vlwigg 1m1 minute ago
Prosecutor says lab report says no seminal fluid and fears defense will argue no sex assault, which opens door to banned info #arochitrial

L.P. Phillips ‏@lpphillips 59s60 seconds ago Manhattan, NY
Judge to Bradford: "How many people work at Bode?" Bradford: "About a hundred." #arochitrial

Alice Barr ‏@AliceBarrNBC5 49s49 seconds ago
Prosecutor objects to lab report being admitted bc it says no seminal fluid. He fears defense will argue no sex assault #ArochiTrial @NBCDFW

 

[Quailfoot]

Is this the correct Texas Statute that EA is charged under for Agg Kidnapping? ETA: correct Statute per Collin County Court Docket

Charge Information
Charges: Arochi Gutierrez, Enrique Statute Level Date
1. AGG KIDNAPPING 20.04(a)(1-6) PC First Degree Felony 08/30/2014 http://cijspub.co.collin.tx.us/CaseDetail.aspx?CaseID=1387104

Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1995. http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20.htm

Yes, I believe that's correct. The thing that worries me is the "intent to."

First of all, there is no physical body.
Second, there is no one who has testified that she went against her will, but several to say she went voluntarily after a night out when Arochi and everyone seemed normal/non-threatening (...or, as normal as a bunch of drunk, drug-infested group of kids could act).
Third, they've all testified that whatever "romantic" inclinations he had were not toward CM to to SB.
Fourth, Arochi is certainly not going to testify that he took her anywhere involuntarily.

So, prosecution is going to have to ask the jury to infer his intent instead of providing actual evidence of it.

It's just a weird fit. I've always wonder why they didn't just go for murder instead of aggravated kidnapping. There are numerous cases of murder charges being successfully prosecuted without a body, but none - in Texas or the Fifth Circuit, anyway - for aggravated kidnapping under the same circumstances.

Originally, I thought they brought the charges just to bring him in, buy time to find her, and squeeze/pressure him to confess. They have bought time. But, if he does know where she is - and, he may not, based on testimony - he isn't telling.

 

[arkansasmimi]

Alice Barr ‏@AliceBarrNBC5 49s49 seconds ago
Prosecutor objects to lab report being admitted bc it says no seminal fluid. He fears defense will argue no sex assault #ArochiTrial @NBCDFW

WHICH is one of the conditions on the statute.

Charge Information
Charges: Arochi Gutierrez, Enrique Statute Level Date
1. AGG KIDNAPPING 20.04(a)(1-6) PC First Degree Felony 08/30/2014 http://cijspub.co.collin.tx.us/CaseD...CaseID=1387104

Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1995. http://www.statutes.legis.state.tx.u.../htm/PE.20.htm

 

[arkansasmimi]

Valerie WigglesworthVerified account ‏@vlwigg 2m2 minutes ago
Banned info: Charge of sex assault of a child, possession of deviant sexual images; participation in deviant sexual behavior #arochitrial

Hannah VanHuss Davis ‏@hannahdinhd 2m2 minutes ago
Defense, state and judge discussing whether to admit lab report - jury sent out #arochitrial #ChristinaMorris

L.P. Phillips ‏@lpphillips 2m2 minutes ago Manhattan, NY
Fortenberry is concerned the lack of mention of seminal fluids in that report may let defense wander into banned areas #arochitrial

Valerie WigglesworthVerified account ‏@vlwigg 2m2 minutes ago
Banned info: Charge of sex assault of a child, possession of deviant sexual images; participation in deviant sexual behavior #arochitrial

Hannah VanHuss Davis ‏@hannahdinhd 2m2 minutes ago
Defense, state and judge discussing whether to admit lab report - jury sent out #arochitrial #ChristinaMorris

 

[bellesnwhistles]

all that proves is he didn't SA her in the trunk which... Duh? Would that even be possible? That would have taken place elsewhere. IMO of course

 

[arkansasmimi]

Natalie Solis ‏@Fox4Natalie 2m2 minutes ago McKinney, TX
Judge asking defense if planning to argue no sex assault occurred since report in question shows no semen found @FOX4 #arochitrial

L.P. Phillips ‏@lpphillips 2m2 minutes ago Manhattan, NY
Bradford sent out.Judge asks def is any at Def planning on arguing lack of seminal fluid evidence means sex asslt didn't happen #arochitrial

L.P. Phillips ‏@lpphillips 1m1 minute ago Manhattan, NY
Gore will fly in the two authors of the report in question post-haste #arochitrial

 

[heather.scissorhands]

Yeah, I've had the same reaction to him. He also tends to tell us what the attorneys are trying to do, his own pure conjecture stated as fact ...but imo he's often misleading or just flat out got it wrong, and I have come to the conclusion he doesn't actually have a working knowledge of either the case or of courtrooms.

That's kind of why I like him. He's an Everyman. Not afraid to have an opinion or a sense of humor. He owns up to his mistakes. I think he's sorta likeable.

 

[arkansasmimi]

Hannah VanHuss Davis ‏@hannahdinhd 56s57 seconds ago
State concerned report finding no seminal/vaginal fluid found in trunk would be taken as proof that sexual assault didn't occur #arochitrial

Plano Star Courier ‏@planonewspaper 1m1 minute ago
Jury was sent out, defense and prosecution arguing over inclusion of evidence which lead to discussion of prohibited info #arochitrial

Alice Barr ‏@AliceBarrNBC5 2m2 minutes ago
Defense response to judge: I’m not sure what we will argue. That is a fair deduction the jury could make. #ArochiTrial @NBCDFW

Alice Barr ‏@AliceBarrNBC5 2m2 minutes ago
Judge to Defense: Are you planning to make argument that lack of seminal fluid in the trunk means there was no sexual assault? #ArochiTrial

 

[catpatrol]

Oh for goodness sake. We were led to believe that there was so much blood in the trunk that she had to have been killed. I know that some of us questioned whether this was fact, but.....
I always felt that "significant amount of DNA" did not mean a giant amount of blood in lab terms. DNA is beyond minuscule so a significant amount of it is NOT a lot. This is not great to hear because in opening the state said the DNA was a major point in their case. I'm not seeing it yet. They better come up with more.

BBM. No, PPD didn't say that. They simply stated that the amount of DNA was more than just touch DNA, it was more likely from a bodily fluid such as blood or saliva.

 

[arkansasmimi]

L.P. Phillips ‏@lpphillips 29s30 seconds ago Manhattan, NY
Judge says there's no way to know whether the DNA came from blood or brain matter or anything. #arochitrial

Plano Star Courier ‏@planonewspaper 49s50 seconds ago
Discussion earlier in case led to the banning of testimony about Arochi's sex life, avoiding talk about unrelated sex charge #arochitrial

Alice Barr ‏@AliceBarrNBC5 1m1 minute ago
Judge cautions arguing there was no sexual assault could open the door to "extraneous unindicted conduct." #ArochiTrial @NBCDFW

 

[arkansasmimi]

Natalie Solis ‏@Fox4Natalie 46s47 seconds ago McKinney, TX
A frustrated defense & tense interaction w judge. Conclusion: Defense will hav othr experts flown in to testify on report@FOX4 #arochitrial

 

[arkansasmimi]

Honest question. How can the State Pros prove the (4) inflict bodily injury on him or violate or abuse him sexually; beyond a reasonable doubt?

 

[CookieM]

BBM. No, PPD didn't say that. They simply stated that the amount of DNA was more than just touch DNA, it was more likely from a bodily fluid such as blood or saliva.

I never said we were led by PPD.

 

[heather.scissorhands]

BBM. No, PPD didn't say that. They simply stated that the amount of DNA was more than just touch DNA, it was more likely from a bodily fluid such as blood or saliva.

A detective or SOMEONE did say that the DNA Evidence was in such amounts "she could not have survived." I know they did. Will look up later, unless someone else can come up with where this was stated. I know it was.

 

[arkansasmimi]

Valerie WigglesworthVerified account ‏@vlwigg 1m1 minute ago
Jury back. Lab report not admitted. Defense has it included for record purposes only (meaning jury won't see it) #arochitrial

L.P. Phillips ‏@lpphillips 2m2 minutes ago Manhattan, NY
Bradford done #arochitrial

Alice Barr ‏@AliceBarrNBC5 3m3 minutes ago
Defense is trying to make the point that DNA samples could come from some bodily fluid other than blood. #ArochiTrial @NBCDFW

 

[minor4th]

IF so:

(1) hold him for ransom or reward; *haven't seen implied yet, still unknown where or what just never heard from again
(2) use him as a shield or hostage; *haven't seen implied yet
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony; *unsure of what possible felony yet
(4) inflict bodily injury on him or violate or abuse him sexually; *sexually was not able to be testified but little bit of zero evidence (jmho where going on that Statute)
(5) terrorize him or a third person; or *not shown or implied yet
(6) interfere with the performance of any governmental or political function. *not shown or implied yet
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense. *no evidence of weapon used testified to
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree. ****this may be what they are hoping for that EA takes stand and says he let CM out at XXX

JMHO, again if this is the correct charging statute. This is what the State has to prove beyond a reasonable doubt. @Minor#4 can you help me on this if I am understanding correctly? TIA

ETA from the Collin County Court site BBM Looks like that is the correct Statute http://cijspub.co.collin.tx.us/CaseDetail.aspx?CaseID=1387104


Charge Information
Charges: Arochi Gutierrez, Enrique Statute Level Date
1. AGG KIDNAPPING 20.04(a)(1-6) PC First Degree Felony 08/30/2014

What is your question?

 

[heather.scissorhands]

Honest question. How can the State Pros prove the (4) inflict bodily injury on him or violate or abuse him sexually; beyond a reasonable doubt?

I think we are waiting to see.