GUILTY TX - Christina Morris, 23, Plano, 30 August 2014 - #39 *Arrest*

[Doj1234]

I could maybe see your concern, if all LE had was a small amount of DNA. But it sounds like they have quite a bit, along with all the other evidence (just what we know of!) to tie in with their case. The DNA might just be the icing on the cake! I guess we'll all find out in about 6 months.. should be quite interesting.

We can only hope, right? I hope it's a slam dunk with no uncertainty. We just don't have much else right now, maybe the shop vac results... Even with what we know, I think that EA's the guy, but know there will be a defense also. I believe that I read that Gore expects to defend for a few days so it sounds like he is developing a focused defense as well

 

[MIKAYOYO]

I'm illustrating that the DNA evidence isn't an absolute answer. I'm uncertain what the defense might be able to use but they will be able to produce a cogent, compelling defense. I'm sure that prosecution will be able to produce a narrative and probably additional scientific evidence. But, IMO, it just takes one skeptic in the jury.

I totally agree. I don't know what it is about this case that makes me weary of the prosecution's case. Apparently I'm not alone though, so I don't think it's unreasonable to think tthere could be at least one skeptic on the jury.

It's not as cut and dried, IMO, as some believe. MOO

 

[MIKAYOYO]

We can only hope, right? I hope it's a slam dunk with no uncertainty. We just don't have much else right now, maybe the shop vac results... Even with what we know, I think that EA's the guy, but know there will be a defense also. I believe that I read that Gore expects to defend for a few days so it sounds like he is developing a focused defense as well

I so appreciate you DOJ. You seem to be able to get your point across better than I do. I have never stated I felt EA was not guilty, I just see holes and don't feel it's as easy as just SHE WAS IN HIS TRUNK.

 

[zippixx]

Yes, but you said capital murder and my point is they will not get capital murder if they try him on AK alone. MOO

AK is the special circumstance that would make a murder case a capital one.

LOL... you lost me.. I'll move on.

 

[MIKAYOYO]

LOL... you lost me.. I'll move on.

Er, ok. Moving on.

 

[Doj1234]

I so appreciate you DOJ. You seem to be able to get your point across better than I do. I have never stated I felt EA was not guilty, I just see holes and don't feel it's as easy as just SHE WAS IN HIS TRUNK.

Thank you! Likewise, I'm with you on the feeling that something is missing. I think woe.be.gone mentioned that the secrecy is what makes her uneasy, that might be it for me too. Like zipp said, we'll know in 6 months.

 

[MIKAYOYO]

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm

This explains capital murder in Texas.

EA would have to be charged with murder AND the extenuating circumstance of Ak in order to be tried for capital murder (death penalty).

If he's tried for ONLY aggrevated kidnapping and convicted (or not) and they find her body with proof he did it, he cannot be tried again for the kidnapping part, thus negating the special circumstance needed for CAPITAL murder.

I know I said I was moving on and I am, but I just couldn't not try to explain further what I meant.

 

[SteveS]

Yes, but you said capital murder and my point is they will not get capital murder if they try him on AK alone. MOO

AK is the special circumstance that would make a murder case a capital one.

FYI a murder trial "with special circumstance" is only a trial and possible punishment for the murder that was committed, and not for the special circumstance crime, such as kidnapping in this case. The special circumstance is only a definition of the context framing the murder itself.

Therefore it would not violate double jeopardy rules to try EA for capital murder, after first having completed a trial for AK. Nor would it violate double jeopardy rules to try EA for kidnapping AFTER a capital murder trial, if they preferred to do it the other way around. They are two distinct crimes.

And not only would it be legally allowable to later try EA for capital murder, it might even be beneficial to do it this way. Two trials are more costly and more time consuming, so this is probably not the norm, but slow methodical tightening of the noose step by step is the surer way to get the needed result. By having kidnapping already adjudicated and proven, in court, it would leave LE one less thing to prove in the murder trial. In that event, besides the fact of EA committing the murder itself, they'd only have to prove that the murder flowed from the kidnapping that EA had already been proven to have committed.

Perhaps the AK trial is laying some groundwork for a future capital murder case and a shot at death for EA? If EA doesn't wise up and swap talk for a limit on punishment, we may eventually find out.

 

[MIKAYOYO]

FYI a murder trial "with special circumstance" is only a trial and possible punishment for the murder that was committed, and not for the special circumstance crime, such as kidnapping in this case. The special circumstance is only a definition of the context framing the murder itself.

Therefore it would not violate double jeopardy rules to try EA for capital murder, after first having completed a trial for AK. Nor would it violate double jeopardy rules to try EA for kidnapping AFTER a capital murder trial, if they preferred to do it the other way around. They are two distinct crimes.

And not only would it be legally allowable to later try EA for capital murder, it might even be beneficial to do it this way. Two trials are more costly and more time consuming, so this is probably not the norm, but slow methodical tightening of the noose step by step is the surer way to get the needed result. By having kidnapping already adjudicated and proven, in court, it would leave LE one less thing to prove in the murder trial. In that event, besides the fact of EA committing the murder itself, they'd only have to prove that the murder flowed from the kidnapping that EA had already been proven to have committed.

Perhaps the AK trial is laying some groundwork for a future capital murder case and a shot at death for EA? If EA doesn't wise up and swap talk for a limit on punishment, we may eventually find out.

Interesting.

So if he is convicted of AK and then they find her body and can determine he killed her, he can then be charged with capital murder? What if he takes a plea deal for AK? I wonder how often that happens, when someone is convicted of the aggravating factor beforehand and if it was successful in getting the capital murder conviction.

 

[Lrc143]

I totally agree. I don't know what it is about this case that makes me weary of the prosecution's case. Apparently I'm not alone though, so I don't think it's unreasonable to think tthere could be at least one skeptic on the jury.

It's not as cut and dried, IMO, as some believe. MOO

At this point, we have not heard everything that the jury will hear. IMO

 

[heather.scissorhands]

From either side.

 

[SteveS]

Numbers added for easier reply

Interesting.

1 So if he is convicted of AK and then they find her body and can determine he killed her, he can then be charged with capital murder?
2 What if he takes a plea deal for AK?
3 I wonder how often that happens, when someone is convicted of the aggravating factor beforehand and if it was successful in getting the capital murder conviction.

1 Yes
2 In theory, a plea could happen. But I don't think that it would play out as simply a plea deal for AK, in practical terms, because I think the info-for-a-deal negotiation would have to be much broader to satisfy either side. IMO EA has to offer a location of CM, a confession of all that he did, and a guilty plea, while LE would have to agree to bundle ALL his crimes against CM into one agreed penalty.
3 I don't know. I don't see it as the norm but would bet it has happened before.

 

[bellesnwhistles]

My heart stopped for a second! #findchristina

 

[bellesnwhistles]

My heart stopped for a second! #findchristina

Oops forgot quote. That was in response to the post about a body being found (which turned out to be a male)

 

[holmesleuthing]

I really thought she would have been found by now. Makes me wonder if she was put in a dumpster.

 

[Eileen730]

My Opinion Only here!

I think EA took her!
But I don't think he killed her!
That honor will go to someone else I believe this is the reason she has not been found.
and Im not even really sure she is dead.

Al MY very one personal opinions!

 

[cluciano63]

My Opinion Only here!

I think EA took her!
But I don't think he killed her!
That honor will go to someone else I believe this is the reason she has not been found.
and Im not even really sure she is dead.

Al MY very one personal opinions!

Jmo, no way. If all EA did was "take" her to someone else...no needs for all of the lies, the excessive cleaning of car, etc, Imo. At least not to the degree he went to cover up, also his injuries. The violence took place between he and Christina and no one else, Imo. Even if he would initially lie, Imo he would have caved in long before spending months (so far) in jail if someone else was the mastermind.

I am pretty much 99.9% convinced EA is the one and only perp, only allowing less than 100% for the remote chance I am wrong. But LE certainly has a lot of evidence we know nothing about and no one else has been charged, trial dates being discussed, they are basically ready to get EA convicted. Maybe he let someone know where Christina's body can be found and/or had help disposing of her, but I don't even believe that.

All JMO

 

[jnblsm]

I love you WBG

 

[SteveS]

I really thought she would have been found by now. Makes me wonder if she was put in a dumpster.

Certainly possible. But there's a ton of geography out there, so plenty of alternatives where she could have been stashed and left undiscovered (until someone accidentally stumbles across her). Lots of brushy wooded areas within an hour of EA's house, for example, places where people never go.

 

[daisytrail]

I have read though some very informative posts and am making this post my placeholder.