VA - Nicole Lovell, 13, Blacksburg, 27 January 2016 #6 *Arrests*

[JanetElaine]

Eisenhauer replaced his court-appointed attorney, Chris Tuck, with lawyers John Lichtenstein of Lichtenstein Law Group and Anthony “Tony” Anderson of Anderson & Friedman, both in Roanoke, according to a court order signed on Feb. 19.

Lichtenstein has been involved with other closely-watched cases, including the lawsuit Virginia Sen. Creigh Deeds filed against the state earlier this year in relation to his son’s death.

Anderson, meanwhile, was one of the defense attorneys who represented William Morva for years after he was sentenced to death for a 2006 double homicide in Montgomery County.

http://www.roanoke.com/news/crime/b...cle_585d874b-3f77-5b2a-ba81-68db354e66eb.html
http://wsls.com/2016/02/22/david-eisenhauer-hires-own-attorney-in-nicole-lovell-case/

Well, maybe now we'll hear from Eisenhauer...

 

[Considering]

Here are some interesting articles about Miranda Rights. I suspect that NK was so busy volunteering information that LE did not need to ask her any questions.

Will My Case Be Dismissed if the Police Do Not Read Me My Miranda Rights?
No. The police must advise a suspect of his Miranda rights only before beginning a custodial interrogation.

Routine Questioning: Routine questions to establish identity such as name, address, and social security number will not require a Miranda warning. Statements made before arrest and voluntary statements made after being arrested do not violate the Miranda rights as long as the police do not deliberately extract those statements.

http://www.legalmatch.com/law-library/article/miranda-lawyer.html#sthash.047SUoV1.dpuf

Finally, were your statements the result of the police asking you questions or interrogating you? If not, Miranda doesn’t really matter. There’s nothing that requires the police to read you your rights when you’re happily babbling your guilt for no reason- even if it’s the 16 cans of Hamms making you talk. And, really, think about it for a minute. If talking to the police when they’re asking you questions is a bad idea, what do you think about talking to them when they’re not even asking you questions? It hurts me to even ponder. It should hurt you, too.

http://matthaiduk.com/2012/12/05/read-me-my-rights-or-dismiss-my-case/

If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html

If you are simply talking to an officer and are free to go at any time, meaning you are not in custody and are not under arrest, the officer does not have to read you the Miranda Warning. Not only is no reading required in this scenario, but any incriminating statements you make can still be used against you later in court.

http://www.eppersonattorney.com/201...icer-doesnt-read-rights/#sthash.WY0OZFKy.dpuf

 

[Bootsctr]

Do you have a link to where you read it? I can't watch video right now.

It doesn't mention wedding in the article, but this is the same friend who is on the NG video speaking about Nicole and DE promising her a wedding, the whole 9 yards.

Slain Blacksburg teen told friends she planned to run away with alleged killer

The 13-year-old Blacksburg, Va., girl who was abducted and killed last month told friends that the Virginia Tech student accused in her slaying was her boyfriend and talked of running away and starting a family with him, a friend said.

http://www.msn.com/en-us/news/crime...n-away-with-alleged-killer/ar-BBpg4MH?li=BBnb

 

[whiskers]

So if the police come to question you, they don't need to read you the miranda?

I don't watch crime shows so I'm not as learned on this topic.

Do we think that the police only showed up to question Keepers? And then she spilled the beans.

 

[Bootsctr]

Here are some interesting articles about Miranda Rights. I suspect that NK was so busy volunteering information that LE did not need to ask her any questions.




http://www.legalmatch.com/law-library/article/miranda-lawyer.html#sthash.047SUoV1.dpuf




http://matthaiduk.com/2012/12/05/read-me-my-rights-or-dismiss-my-case/



http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html




http://www.eppersonattorney.com/201...icer-doesnt-read-rights/#sthash.WY0OZFKy.dpuf

Thank you! Interesting information.

At some point, Keepers is in cuffs, clearly in custody in the booking video, although at that point, I think she believed she wouldn't be spending any time in a jail cell because she was so forthcoming with soooo much information and leading LE to Nicole's body - and she said she didn't participate in the actual murder. The booking photo of Keepers clearly pouting and pizzed makes me think the picture was taken after she was informed she would be spending the night in jail... in fact, more than a few nights in the slammer with bedbugs and common criminals. I am worried about her lawyers raising some kind of stink with when Nicole was read the Miranda warning. Of course, maybe that stink would have already been raised???

 

[Ray_of_hope]

Thank you! Interesting information.

At some point, Keepers is in cuffs, clearly in custody in the booking video, although at that point, I think she believed she wouldn't be spending any time in a jail cell because she was so forthcoming with soooo much information and leading LE to Nicole's body - and she said she didn't participate in the actual murder. The booking photo of Keepers clearly pouting and pizzed makes me think the picture was taken after she was informed she would be spending the night in jail... in fact, more than a few nights in the slammer with bedbugs and common criminals. I am worried about her lawyers raising some kind of stink with when Nicole was read the Miranda warning. Of course, maybe that stink would have already been raised???

I'm guessing that her attorney would have looked into the Miranda issue right away. It's such a 'get out of jail free' card. But that's only MO. Any attorneys out there? Thanks.

 

[Bootsctr]

So if the police come to question you, they don't need to read you the miranda?

I don't watch crime shows so I'm not as learned on this topic.

Do we think that the police only showed up to question Keepers? And then she spilled the beans.

Opinion only* Yes, they only showed up to question her when she texted POLICE to Eisenhauer. I guess she was sooo excited to be part of something so secretive that she was busting at the seams when they showed up at her "boyfriend's" dorm room.

I suspect Eisenhauer was taken directly in for questioning - not even a chance to change from his pj's - because LE was pretty sure they had their man at that point. Being the last person in contact with a person who is found murdered is quite damning with no alibi. I'm guessing they asked him if he had an alibi - he didn't - just that he watched Nicole climb out of her window, gave her a side hug and took her ______________. Then the statement of "he believed the truth would set him free" and he clammed up. He was at that point, I think, mirandized, arrested, and jailed.

 

[BUF]

I have a feeling that when she was being questioned that they were videoing it and mirandized her (on tape). They probably had her sign the waiver also just before her arrest.

 

[BUF]

I had been thinking about NK's "boyfriend" (or whatever that relationship was) and what his reaction was about NKs involvement in the murder. Then I ran across an article saying that the police credited citizens' tips.

Do you think it's possible that he called LE and tipped them off about NK being in his room...because she told him, or was acting stranger, or saw something, etc.? We have heard nothing about him so far other than she was found in his room.

 

[Bootsctr]

I, too, read there were hundreds of tips immediately and LE was encouraging anyone who had information to call their tip in!! I thought about the "BF" alerting LE to NK too. Whomever "he" is, he isn't talking, only to LE. I have to wonder too if some of the "rumors" about NK telling someone about Nicole's murder were true via the "BF" just not reportedly publicly to the press. Does that make sense, or have I gone down the rabbit hole?

Your question "where did they clean up?" just rings in my ears.

I'm sorry, but even if my GF or BF or just BFF showed up at my door a bloody mess with a second person who was also a bloody mess, I might let them in and allow them to clean up, but at the first chance I get I'm calling the cops, especially in light of a missing 13 y/o later that same day.

 

[GutInstinct]

Well, maybe now we'll hear from Eisenhauer...

V interesting. $$$$$$$. hmmmm. yet, still not one single peep about DE parents. Not mentioned here either who is paying for $$$$$. I have thought from the beginning that DE parents had lawyered up real good real fast BECAUSE no names were ever mentioned. Not sleuthing, just observing.

 

[BUF]

Nicole's clothing? Could this be stuff she had in the "suitcase"?
Hate to think it's something else they meant.

Keepers also provided information on the murder weapon, Nicole's remains and Nicole's clothing.

http://www.cnn.com/2016/02/08/us/blacksburg-virginia-natalie-keepers-profile-nicole-lovell/

 

[Backwoods]

V interesting. $$$$$$$. hmmmm. yet, still not one single peep about DE parents. Not mentioned here either who is paying for $$$$$. I have thought from the beginning that DE parents had lawyered up real good real fast BECAUSE no names were ever mentioned. Not sleuthing, just observing.

I thought I remembered an MSM article in which it was mentioned where DE's father is employed...IIRC it was a government entity. But I have never been able to find that story/that phrase again...edited, maybe? IDK. Even that (if I didn't only dream it) did not mention a parental name, I think; was linked up to something about the father's transfer that brought DE's move from Yakima, WA to Maryland, I think.

 

[Bootsctr]

V interesting. $$$$$$$. hmmmm. yet, still not one single peep about DE parents. Not mentioned here either who is paying for $$$$$. I have thought from the beginning that DE parents had lawyered up real good real fast BECAUSE no names were ever mentioned. Not sleuthing, just observing.

I thought I remembered an MSM article in which it was mentioned where DE's father is employed...IIRC it was a government entity. But I have never been able to find that story/that phrase again...edited, maybe? IDK. Even that (if I didn't only dream it) did not mention a parental name, I think; was linked up to something about the father's transfer that brought DE's move from Yakima, WA to Maryland, I think.

Indubitably interesting! I think I might have a link to that article somewhere on another computer... Will check tomorrow unless someone has it handy now!

I wonder how the fundraising by AM for DE's bail is going, even though we haven't had a bond hearing yet.... $$$$

fftobed: manana

 

[Backwoods]

Night Boots, sleep well.

 

[BUF]

Indubitably interesting! I think I might have a link to that article somewhere on another computer... Will check tomorrow unless someone has it handy now!

I wonder how the fundraising by AM for DE's bail is going, even though we haven't had a bond hearing yet.... $$$$

fftobed: manana

I doubt that DEs attorneys will be requesting a bond hearing for him. They know it will be denied, and it would only have new information released to the public. IMO these new attorneys that were hired and their areas of expertise are an indication of what evidence the DA has on DE...a lot. Just look on their website.

IMO the only reason that NKs attorneys requested the bond hearing is because the parents pushed the issue.

 

[jjenny]

So if the police come to question you, they don't need to read you the miranda?

I don't watch crime shows so I'm not as learned on this topic.

Do we think that the police only showed up to question Keepers? And then she spilled the beans.

Police only have to read you Miranda if you are under arrest.
If she wasn't under arrest police didn't have to read her Miranda. Of course defense lawyer can try to claim she was under arrest even if she wasn't.

 

[whiskers]

Thank you for the clear explanation!

Opinion only* Yes, they only showed up to question her when she texted POLICE to Eisenhauer. I guess she was sooo excited to be part of something so secretive that she was busting at the seams when they showed up at her "boyfriend's" dorm room.

I suspect Eisenhauer was taken directly in for questioning - not even a chance to change from his pj's - because LE was pretty sure they had their man at that point. Being the last person in contact with a person who is found murdered is quite damning with no alibi. I'm guessing they asked him if he had an alibi - he didn't - just that he watched Nicole climb out of her window, gave her a side hug and took her ______________. Then the statement of "he believed the truth would set him free" and he clammed up. He was at that point, I think, mirandized, arrested, and jailed.

 

[whiskers]

Thank you! I love when you all chime in about Miranda. It's very informative to me.

Police only have to read you Miranda if you are under arrest.
If she wasn't under arrest police didn't have to read her Miranda. Of course defense lawyer can try to claim she was under arrest even if she wasn't.

 

[Inthedetails]

I doubt that DEs attorneys will be requesting a bond hearing for him. They know it will be denied, and it would only have new information released to the public. IMO these new attorneys that were hired and their areas of expertise are an indication of what evidence the DA has on DE...a lot. Just look on their website.

IMO the only reason that NKs attorneys requested the bond hearing is because the parents pushed the issue.

I agree. It's probably better for DE's defense if he doesn't do a bond hearing like NK did. I think NK's hearing was a mistake in that it made her look bad. I'm guessing DE and his legal team saw that fiasco and are avoiding it for him, keeping information about him quiet until they know what the prosecution has on him.

Of course, I think the prosecution has plenty and DE might as well get used to being behind bars.

JMOpinion.