VERDICT WATCH VA - Joseph Ryan shot, Christine Banfield stabbed, both deceased, in home - Herndon 24 Feb 2023

[ryan8901]

Prosecutor Jenna Sands told the judge that after yesterday's testimony by BB they were contacted by Smith and asked her for permission for Smith to testify which she granted.

In all the other interviews LE did with BB's superiors/co-workers did no one else say that there wasn't a scheduled meeting that morning for BB and his possible advancement within the IRS?
I gather had someone said that they would have been on the CW's witness list?

Had any of them told LE there was a meeting scheduled would they not have been on the defense's witness list?

Is it possible that LE never asked any of them if a meeting with BB was scheduled?
Did the CW also interview BB's superiors at the IRS?

It's surprising and concerning that the meeting wasn't sorted out before the trial began.
imo

BB wasn’t cooperating with the police so I think the first time the prosecution became aware of the supposed work meeting was when he testified. Therefore it’s at least possible that when his coworkers were interviewed they weren’t asked about a meeting nor would they have mentioned it on their own because it didn’t actually exist.

 

[ryan8901]

We will never know what daughter VB told authorities.
CB could very well have been screaming when the 3 entered the basement.

'Child's interview can't be used in Virginia fetish sex murder trial'​

'Brendan Banfield's defense attorney argued Banfield did not consent for his young daughter to be interviewed at police headquarters.'​

Child's interview can't be used in Virginia fetish sex murder trial

Brendan Banfield’s defense attorney argued the interview with his young daughter would be admissible only if the child was being directly victimized by her parent.

www.nbcwashington.com

Really good point. I wonder if what VB told them will come out after the trial.

 

[Serononin]

We will never know what daughter VB told authorities.
CB could very well have been screaming when the 3 entered the basement.

'Child's interview can't be used in Virginia fetish sex murder trial'​

'Brendan Banfield's defense attorney argued Banfield did not consent for his young daughter to be interviewed at police headquarters.'​

Child's interview can't be used in Virginia fetish sex murder trial

Brendan Banfield’s defense attorney argued the interview with his young daughter would be admissible only if the child was being directly victimized by her parent.

www.nbcwashington.com

I dread to think what that poor child might have heard and seen that day

 

[Inthedetails]

BB wasn’t cooperating with the police so I think the first time the prosecution became aware of the supposed work meeting was when he testified. Therefore it’s at least possible that when his coworkers were interviewed they weren’t asked about a meeting nor would they have mentioned it on their own because it didn’t actually exist.

That makes the last witness even better. Also explains the chagrin expression on BB's face in comparison to the look of disdain on Mr. Smith's face, imo.

jmopinion

 

[Izzylizzy]

BB and JM could not leave Joseph alive for many reasons.

One being, when JM spoke with Joseph on the phone before February 24th, JM testified that Joseph was surprised that "Christine/Annastasia had an accent.

Thanks for that crucial reminder from JM's testimony and also I don't believe JM is smart/shrewd enough to have come up with that on her own to use against BB .
imo

 

[Izzylizzy]

BB wasn’t cooperating with the police so I think the first time the prosecution became aware of the supposed work meeting was when he testified. Therefore it’s at least possible that when his coworkers were interviewed they weren’t asked about a meeting nor would they have mentioned it on their own because it didn’t actually exist.

I hadn't connected that dot so thank you.

When Sands was questioning BB about his never having told anyone his story before then I felt like she dropped the ball and moved on because I was left with a "huh"?
Granted I don't know where she could have gone with it besides he had years to come up with a story.

 

[rescuemom]

Greencard?

What 40 yo with a child is attractive to a 21 yo? I was 21 once and at that age 40 feels "old" to you. Plus he's not all that attractive imo.

he strikes me as a 'man child'

 

[LifeIsAMystery]

Thanks for the reminder and this may be a preview of what's to come for BB.

View attachment 640738

The trial was far shorter than had originally been scheduled so this makes sense.

 

[rescuemom]

I hadn't connected that dot so thank you.

When Sands was questioning BB about his never having told anyone his story before then I felt like she dropped the ball and moved on because I was left with a "huh"?
Granted I don't know where she could have gone with it besides he had years to come up with a story.

..just to rattle him..

 

[rescuemom]

Really makes me wonder what he thought sitting there, looking at her testifying. Mustache and all. That's your girlfriend!

her grooming has subsided while in jail. Even on a good day she is not very attractive, IMO

 

[LifeIsAMystery]

I found the prosecution's strategy strange and her delivery weak.
I'm curious why she was chosen to prosecute JM & BB?
imo

I believe the original prosecutor was arrested for being drunk in public. Jmooo. - YouTube

 

[mrjitty]

BB wasn’t cooperating with the police so I think the first time the prosecution became aware of the supposed work meeting was when he testified. Therefore it’s at least possible that when his coworkers were interviewed they weren’t asked about a meeting nor would they have mentioned it on their own because it didn’t actually exist.

This is why other jurisdictions have begun to limit these kinds of versions that are invented on the stand. If you don't disclose this kind of version in interrogation, it can lead to an adverse direction by the Judge to the jury

Under Section 34 CJPOA 1994, (Failure to mention facts when questioned): If a suspect fails to mention a fact during police questioning that they later rely on in their defence at trial, a court may draw an inference that the fact was fabricated later.

Criminal Justice and Public Order Act 1994

An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes.

www.legislation.gov.uk

It's a sensible reform IMO. As you can see here, the CW was prevented from investigating a critical fact claimed by the defence. The day was saved at the 11th hour - but there is really no need to allow defendants to do this without negative inference.

IMO

 

[Inthedetails]

her grooming has subsided while in jail. Even on a good day she is not very attractive, IMO

Part of the appeal, imo, was an affair with the family's aupair right under the wife's nose would be especially disresepctful to Christine.

jmopinion

 

[Izzylizzy]

Greencard?

What 40 yo with a child is attractive to a 21 yo? I was 21 once and at that age 40 feels "old" to you. Plus he's not all that attractive imo.

What other options did she have at that point if she wanted to stay in the country and be supported?
Did she want to remain in the US?
Were the Banfields extending her work visa for another year?

Unless she applied for a study visa it looks like she would need BB or an equivalent to become engaged to or married to.
If not Jm would have had to return to Brazil and remain out of the US for 2 yrs before applying again for a US au-pair visa.

How to Stay in the U.S. After Your Au Pair Program Ends

Explore legal ways to stay in the U.S. after your J-1 au pair visa ends, from marriage to student and work visas.

www.boundless.com

 

[Kysoze]

I hadn't connected that dot so thank you.

When Sands was questioning BB about his never having told anyone his story before then I felt like she dropped the ball and moved on because I was left with a "huh"?
Granted I don't know where she could have gone with it besides he had years to come up with a story.

I agree, but I think she got her point across. She made BB’s true self come out during that exchange.

 

[LifeIsAMystery]

What other options did she have at that point if she wanted to stay in the country and be supported?
Did she want to remain in the US?
Were the Banfields extending her work visa for another year?

Unless she applied for a study visa it looks like she would need BB or an equivalent to become engaged to or married to.
If not Jm would have had to return to Brazil and remain out of the US for 2 yrs before applying again for a US au-pair visa.

How to Stay in the U.S. After Your Au Pair Program Ends

Explore legal ways to stay in the U.S. after your J-1 au pair visa ends, from marriage to student and work visas.

www.boundless.com

The Banfields had extended her in October, months before the murders. BB and JPM were exploring a student visa at the time of her arrest. In all the time between the murders and her arrest he did not marry her. Their prior AP had married an American.

 

[Izzylizzy]

This is why other jurisdictions have begun to limit these kinds of versions that are invented on the stand. If you don't disclose this kind of version in interrogation, it can lead to an adverse direction by the Judge to the jury

Under Section 34 CJPOA 1994, (Failure to mention facts when questioned): If a suspect fails to mention a fact during police questioning that they later rely on in their defence at trial, a court may draw an inference that the fact was fabricated later.

Criminal Justice and Public Order Act 1994

An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes.

www.legislation.gov.uk

It's a sensible reform IMO. As you can see here, the CW was prevented from investigating a critical fact claimed by the defence. The day was saved at the 11th hour - but there is really no need to allow defendants to do this without negative inference.

IMO

Thanks for that info but it's from 1994 and in the UK.
What about the US?

 

[Izzylizzy]

The Banfields had extended her in October, months before the murders. BB and JPM were exploring a student visa at the time of her arrest. In all the time between the murders and her arrest he did not marry her. Their prior AP had married an American.

Thank you.
So she did want to stay and as long as CB was alive a student visa was all that was available to her to do so.

 

[mrjitty]

Thanks for that info but it's from 1994 and in the UK.
What about the US?

By other jurisdictions i meant outside the US. The longstanding strict interpretation of the right to silence in the US effectively prevents local state law reform IIRC.

One of the main drivers of reform in the commonwealth was to prevent defendants from making up alibis years later at trial.

 

[Izzylizzy]

By other jurisdictions i meant outside the US. The longstanding strict interpretation of the right to silence in the US effectively prevents local state law reform IIRC.

One of the main drivers of reform in the commonwealth was to prevent defendants from making up alibis years later at trial.

Thanks and IIRC: BB did say on legal advice he didn't talk.