GUILTY TX - Christina Morris, 23, Plano, 30 August 2014 - #37 *Arrest*

[cluciano63]

I would think yes because a law has been broken. Will wait for Steve's interpretation, though.

But there needs to be an accuser?

 

[klily444]

Upon hearing the latest news (right when I had to sign out for awhile), I thought, oh this is why LE suspects a sexual motive in Christina's crime.
For some reason, I leaped to a conclusion the new charges were an old crime (as if EA had been tried and convicted already).

If we knew EA had a similar conviction already, my willingness to suspend any doubt would be over and done.
Since learning more than I ever wanted to know about pedophilia during Kelli Bordeaux's case, and being one of the few holdouts from convicting the sicko from the getgo (a previously convicted pedophile who offended a five year old when he was 16), it turned out he was the perpetrator and the one who murdered Kelli.
Her case involved similar circumstances as Christina's as far as a number of days had passed before she was reported missing and her significant other (husband) was lame imo.
Never again will I stick up for anyone who has been rightfully convicted of hurting a child (or someone more vulnerable then they were), if they end up being front and center in another serious crime. A leopard doesn't change his spots. If and when he does, he needs to stay away from trouble, period.

But now we are given a new set of circumstances regarding EA we know nothing about yet.
I just watched a Dateline ID yesterday about Eric Glisson who, based on one person's testimony, spent almost 18 years behind bars in SingSing.
Five others were falsely convicted as well.

Why are the charges listed prior to the GJ?
Who brought forth the charges and why now?
Before the circumstances are known, the timing is suspect.
Did the charges result because of the investigation? Then, why the GJ?

Someone could be putting the screws to him because they're sure in their own mind he killed CM.
<b>If he committed a sexual crime before this, why didn't the victim/mother report it at the time</b>?
I know there are reasons victims' don't report immediately but I want to understand why that may be and hear about the circumstances first.

Earlier I wanted to know if EA had anything in his background indicating he ever acted out sexually using aggression.
Now, six months later, there's suddenly this new situation no one had any knowledge about before yesterday afaik.

Because he was a free man until recently. Often victims are afraid to report these crimes in fear of retaliation. Once he was in custody, they probably felt safe to press charges.


Sent from my iPhone using Tapatalk

 

[Momoffourboys]

Great question. Example, a spouse physical abuses the other spouse, but the spouse refuses to press charges after police are called to the scene. The police are aware the law is broken but do they arrest and pursue charges? I know this doesn't happen all the time. Often the spouse gets arrested and the charges are dropped because the other spouse will not pursue it.

Questions that I have that remain unanswered,
1. why sexual assault versus statutory rape?
2. Does the family agree with pursuing these charges?
3. Why did they not pursue them in 2012, 2013, 2014? Not faulting them for not, just curious. I know firsthand why many people don't.
4. Who started and end the relationship and details surrounding it? Including where her mom thought she was when she slept over.
5. I believe I read in the warrant her mom found out at the end of 2012 that she was sleeping over, but the relationship continued. Did she still sleepover? Or did they just still date?

Just so everyone is clear, I am not blaming "Jennifer" or her mom. I am trying to understand how they cam to this charge of sexual assault and why LE came to the charges and not the family.

What's important to me, may not be important to you, just like what's important to you, may not be important to me.

All great questions, HM.
I hope Qualifoot finds his way back here so we can get some answers. I pm'd him.

 

[Doj1234]

But there needs to be an accuser?

Not necessarily, a friend of mine in college was breaking into another friends residence for the purpose of stupid shananigans, a neighbor called the police and the police arrested him for burglary. The (residence) friend was at the police station the next morning begging them to let him go. But the DA wouldn't, luckily the grand jury saw through the silliness and didn't indict.

 

[Lrc143]

Technically under the law it's not up to the victim's wishes, since they may have given consent that was "above their pay grade" to give, so to speak.

But as a practical matter, if the victim didn't want to pursue charges, it would be up to LE but in many instances it would get dropped. It can depend on the case, the DA, the wishes of the family as well as the victim, and on lots of other factors, but most importantly cooperation by the victim is usually (but not always) a necessity in proving sex happened.

A colleague of my husband's was 29 or 30 with a 14 yr. Terrible, I know! The State (MD) went to trial with out the support of the victim and family. But in this case they had a lot of evidence, such as texts, emails and even a secret recorded phone call where he admitted it. Sentenced to 7 yrs, served 5, life long sex offender (as he should be). so it can happen, I am just not so sure it will happen in this case. I guess we will see.

 

[zippixx]

I thought I answered this somewhere in the posts on this arrest, but maybe not.

"Sexual assault" is the term used in Texas law statutes (Sec 22.011 is where the specifics can be found). Rape is the more commonly known term for sexual assault. "Statutory rape" (also not a term used in the statutes) is the vernacular for a specific type of sexual assault in which one of the parties is below the age of consent, and is referred to in the Texas statutes as a sexual assault on a child.

IOW when someone refers to statutory rape, they would be speaking of a specific type of sexual assault.

(I can't respond to the rest of your questions, as they ask about actions that may or may not have occurred. I only know what facts are outlined in the arrest warrant.)

Thanks for all your insight! Greatly appreciated & helpful!

 

[SeriouslySearching]

A question...if the victim does not feel violated/assaulted...can a trial take place anyway? I know a defendant has the right to face accuser, but in a case where charges may be statuary, how would that work? If victim does not wish to pursue charges, for example?

In this particular case, the victim was found first from his text message. During the investigation of the text, LE spoke to a co-worker/friend the victim confided in at the time. EA supposedly admitted it (not sure if the text message was considered the admission). The case hinges on that evidence. It is not necessary for an action to be brought by the victim if the state can prove the case and chooses to file independently. They can compel the testimony, but much like cases of domestic violence...the victim is removed from the process of deciding whether or not to press charges (in some states).

 

[daisytrail]

I doubt that the family of 'Jennifer' have much choice in the matter at this point. If the DA wants to pursue it for the reasons of law, strategy in getting EA to talk, voter hot issues, legacy or political affiliation, I feel like he will pursue it.

Yes, I don't discount that possibility. It may taken or have taken some persuasion to get them to cooperate. If they don't, LE runs the risk of not obtaining a conviction and this high stakes move may backfire. In any case, these people's lives are apt to be turned upside down. I do pity them.

 

[daisytrail]

But there needs to be an accuser?

I believe the accuser is actually the prosecution in this case. JS is the victim of the crime itself.

 

[hockeymom4]

I thought I answered this somewhere in the posts on this arrest, but maybe not.

"Sexual assault" is the term used in Texas law statutes (Sec 22.011 is where the specifics can be found). Rape is the more commonly known term for sexual assault. "Statutory rape" (also not a term used in the statutes) is the vernacular for a specific type of sexual assault in which one of the parties is below the age of consent, and is referred to in the Texas statutes as a sexual assault on a child.

IOW when someone refers to statutory rape, they would be speaking of a specific type of sexual assault.

(I can't respond to the rest of your questions, as they ask about actions that may or may not have occurred. I only know what facts are outlined in the arrest warrant.)

I see you keep mentioning rape and saying it is the more common term. I pulled up the penal code you mentioned and could not find the word rape anywhere in the entire penal code. I could have missed it. Is it there? If not, where are you getting this? Not saying you are wrong, but I would like to see this. TIA.

 

[Doj1234]

Yes, I don't discount that possibility. It may taken or have taken some persuasion to get them to cooperate. If they don't, LE runs the risk of not obtaining a conviction and this high stakes move may backfire. In any case, these people's lives are apt to be turned upside down. I do pity them.

Yep, I doubt (but don't know) that the family really wants to pursue it. Collin county is VERY conservative, to the point where citizens are sheep and the prosecutors empowered. The tougher that the DA can be on the appearance of crime, the better his chance of reelection. Until that changes, you'll continue to see cases get prosecuted that don't seem rational at times.

**not that the SA charge on EA is necessarily irrational, I'm just saying that the prosecutors will no doubt pursue it to their best ability with little regard to whether there is a victim or not.

 

[catpatrol]

In this particular case, the victim was found first from his text message. During the investigation of the text, LE spoke to a co-worker/friend the victim confided in at the time. EA supposedly admitted it (not sure if the text message was considered the admission). The case hinges on that evidence. It is not necessary for an action to be brought by the victim if the state can prove the case and chooses to file independently. They can compel the testimony, but much like cases of domestic violence...the victim is removed from the process of deciding whether or not to press charges (in some states).

There's also the chance that more evidence exists, but wasn't presented in the affidavit, as we saw previously.

 

[daisytrail]

Yep, I doubt (but don't know) that the family really wants to pursue it. Collin county is VERY conservative, to the point where citizens are sheep and the prosecutors empowered. The tougher that the DA can be on the appearance of crime, the better his chance of reelection. Until that changes, you'll continue to see cases get prosecuted that don't seem rational at times.

**not that the SA charge on EA is necessarily irrational, I'm just saying that the prosecutors will no doubt pursue it to their best ability with little regard to whether there is a victim or not.

There is always the upside and the downside of that sort of approach, but I believe it is far more common than not in even small towns. So much is politics. So much is money.

 

[catpatrol]

I see you keep mentioning rape and saying it is the more common term. I pulled up the penal code you mentioned and could not find the word rape anywhere in the entire penal code. I could have missed it. Is it there? If not, where are you getting this? Not saying you are wrong, but I would like to see this. TIA.

"Sexual assault" is the legal term for rape in Texas. Rape is the layman's term. They both have the same meaning: contact of sexual parts without consent. I have a friend that was raped and the guy was charged with sexual assault.

 

[ahintexas]

There's also the chance that more evidence exists, but wasn't presented in the affidavit, as we saw previously.

Since the info found was via Instant Messenger, I'm sure LE have more evidence. Or let's hope they do. I didn't even know people IM'd anymore.

 

[hockeymom4]

"Sexual assault" is the legal term for rape in Texas. Rape is the layman's term. They both have the same meaning: contact of sexual parts without consent. I have a friend that was raped and the guy was charged with sexual assault.

I hear you both. Where does it say this? That is all I am asking. Not doubting, just asking, as I would like to see.

 

[catpatrol]

I hear you both. Where does it say this? That is all I am asking. Not doubting, just asking, as I would like to see.

I see... this is the best I could find:
http://apps.rainn.org/policy-crime-definitions/index.cfm?state=Texas&group=3
Statutory Rape
How is it defined? Sexual Assault

ETA: Here's another one.

What is the difference between sexual assault and rape?

There is no difference. Sexual assault and rape both refer to sexual intercourse against the will of another person. However, under Texas law, "sexual assault", not "rape", is the legal term used to define and prosecute sexual acts that are not consensual. Consenting sex requires sober and verbal communication without intimidation or threats.
http://www.ci.windcrest.tx.us/index.aspx?NID=100

 

[MIKAYOYO]

I feel horrible for this girl. It's bad enough she had a relationship with an accused kidnapper, but now it's been brought to light and being rehashed. If it was consensual and she said as much, how does that affect the prosecution? Also, now she's in this position where if it was consensual, would she feel she was letting down Christina's family by saying as much. From what I can gather from the warrant, LE found out via a message on EA's phone. So did they seek out this girl? I can't imagine going about my business and getting a call or visit from LE to tredge up something I'd rather forget and now all eyes on me to help put this jerk away. MOO

 

[hockeymom4]

I see... this is the best I could find:
http://apps.rainn.org/policy-crime-definitions/index.cfm?state=Texas&group=3
Statutory Rape
How is it defined? Sexual Assault

ETA: Here's another one.

What is the difference between sexual assault and rape?

There is no difference. Sexual assault and rape both refer to sexual intercourse against the will of another person. However, under Texas law, "sexual assault", not "rape", is the legal term used to define and prosecute sexual acts that are not consensual. Consenting sex requires sober and verbal communication without intimidation or threats.
http://www.ci.windcrest.tx.us/index.aspx?NID=100

Thanks for providing these links. So under the law, the legal term in TX is sexual assault, not rape, which coincides with the TX penal code. Personally, if they don't have a rape charge available I would feel horrible for all of those people in TX who are in fact raped and their offenders are charged with sexual assault. I would much rather my attacker be called a rapist than a sexual assault(its). But, that's me. I would not feel vindicated in any way having everyone lumped in the same category but that is me. It may be a word to some, but to victims it means a LOT more.

 

[Lrc143]

I feel horrible for this girl. It's bad enough she had a relationship with an accused kidnapper, but now it's been brought to light and being rehashed. If it was consensual and she said as much, how does that affect the prosecution? Also, now she's in this position where if it was consensual, would she feel she was letting down Christina's family by saying as much. From what I can gather from the warrant, LE found out via a message on EA's phone. So did they seek out this girl? I can't imagine going about my business and getting a call or visit from LE to tredge up something I'd rather forget and now all eyes on me to help put this jerk away. MOO

In my opinion, there are two prosecutions here, one SA and one AK, and I don't think one will affect the other. Also, it doesn't matter in the eyes of Texas if she consented. Legally she was not able to consent so it doesn't affect the prosecution at all, there was a crime committed. For me, the SA charge doesn't change the evidence I deem EA guilty with in the AK charge. I'm not sure how prejudice works in trials, but will the SA charge (or conviction) even be brought up at all in the AK trial? I'm thinking this charge could only really affect the AK charge in the sentencing stage. Hope I'm making some sense. This is all JMO!!!!!!