GUILTY VA - Nicole Lovell, 13, Blacksburg, 27 January 2016 #7 Accused Pleads "No Contest"

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  • #241
Good gravy. Anyone have any idea how successful Eisenhauer's defense team could be with that? There's a good summary of what they want thrown out towards the bottom of the article.
 
  • #242
David Edmond Eisenhauer's trial in the killing of 13-year-old Nicole Lovell will be delayed, a judge ruled Wednesday.

Turk said he would use a Nov. 6 hearing — a date that had been scheduled to be part of Eisenhauer’s jury trial — to decide questions about raw data and defense motions to suppress incriminating statements that Eisenhauer made to investigators, and to set a new trial date, which Turk said would be three or four months out.

BBM

http://www.roanoke.com/news/crime/montgomery_county/nicole-lovell-case-eisenhauer-s-trial-to-be-delayed/article_a01d83ef-d4dd-5680-9ae6-8efc906aab9b.html
 
  • #243
David Edmond Eisenhauer's trial in the killing of 13-year-old Nicole Lovell will be delayed, a judge ruled Wednesday.

Turk said he would use a Nov. 6 hearing — a date that had been scheduled to be part of Eisenhauer’s jury trial — to decide questions about raw data and defense motions to suppress incriminating statements that Eisenhauer made to investigators, and to set a new trial date, which Turk said would be three or four months out.

BBM

http://www.roanoke.com/news/crime/montgomery_county/nicole-lovell-case-eisenhauer-s-trial-to-be-delayed/article_a01d83ef-d4dd-5680-9ae6-8efc906aab9b.html

Grrrr [emoji35]


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  • #244
  • #245
  • #246
Also on Monday, Turk denied a defense motion to suppress statements made by Eisenhauer to other inmates.

http://wset.com/news/local/judge-sets-new-trial-date-in-virginia-girls-2016-slaying

Turk denied a motion to suppress several letters sent to the Commonwealth's Attorney's office from fellow inmates of Eisenhauers at the Western Virginia Regional Jail. The letters weren't read allowed in the courtroom but were from people who had interacted with him while in jail. The motion may be overturned if the judge sees it's appropriate following the cases of the inmates who wrote the letters.

A larger motion to suppress all statements made to law enforcement during the initial meeting and questioning between Eisenhauer and law enforcement was put on hold. Judge Turk said he wants more time to review the presented material that included several video and audio recordings of Eisenhauer talking with law enforcement.

New details of the search and findings were released during Monday's motion hearing.

Detective Desiree Twigger testified she went to Lovell's home after she went missing. Usernames and passwords to various social media accounts were written on the wall in her bedroom, Twigger said in court. She noticed a nightstand was blocking the door to her bedroom and the window was open.

A note that read "I heart David" was also on the wall. Lovell had told a best friend that she was going to sneak out of he home with the man named David she had reportedly met on Kik the night she went missing.

During the police investigation, information from the social media app, Kik, led detectives to David Eisenhauer's account and username, Dr.Tombstone.

Investigators rushed to Eisenhauer's dorm room at Virginia Tech in West Ambler Johnston Hall and, with the help from a Residential Adviser, entered his room. When no one answered the door, the RA allowed them inside.

Eisenhauer was asleep on a bed in a sleeping bag and startled when investigators yelled for him to show his hands. The raised voices and surprised tone from Eisenhauer were evident in an audio recording played during the hearing.

Eisenhauer was asked to come to the Blacksburg Police Station for questioning. Audio recordings prove he volunteered to come to the station and was allowed to take personal items.

During questioning, and after signing a Miranda Rights form, Eisenhauer told police he started talking to a girl on the social media platform Omegle who said she was 16 or 17, Eisenhauer recounted.

He said he wanted someone to talk to who was a stranger, which is why he turned to a random conversation generator app Omegle that connects people for conversations.

Their conversations quickly turned to the app, Kik. Eisenhauer said the girl, who he later identified as Lovell, told him everyone hated her. He said he comforted her. The two agreed to meet at her home, an apartment complex in Blacksburg.

After leading him to different locations, Eisenhauer said he finally met Lovell at her home. He said she climbed out of a window with a backpack and blanket appearing to seem ready to run away. In a video recording of the questioning between him and investigators, he told them Lovell looked like she was 11 years old. He had hesitations, hugged her, and wanted to get away.

http://www.wdbj7.com/content/news/D...-new-details-revealed-in-court-455689863.html
 
  • #247
Also on Monday, Turk denied a defense motion to suppress statements made by Eisenhauer to other inmates.

http://wset.com/news/local/judge-sets-new-trial-date-in-virginia-girls-2016-slaying

Turk denied a motion to suppress several letters sent to the Commonwealth's Attorney's office from fellow inmates of Eisenhauers at the Western Virginia Regional Jail. The letters weren't read allowed in the courtroom but were from people who had interacted with him while in jail. The motion may be overturned if the judge sees it's appropriate following the cases of the inmates who wrote the letters.

A larger motion to suppress all statements made to law enforcement during the initial meeting and questioning between Eisenhauer and law enforcement was put on hold. Judge Turk said he wants more time to review the presented material that included several video and audio recordings of Eisenhauer talking with law enforcement.

New details of the search and findings were released during Monday's motion hearing.

Detective Desiree Twigger testified she went to Lovell's home after she went missing. Usernames and passwords to various social media accounts were written on the wall in her bedroom, Twigger said in court. She noticed a nightstand was blocking the door to her bedroom and the window was open.

A note that read "I heart David" was also on the wall. Lovell had told a best friend that she was going to sneak out of he home with the man named David she had reportedly met on Kik the night she went missing.

During the police investigation, information from the social media app, Kik, led detectives to David Eisenhauer's account and username, Dr.Tombstone.

Investigators rushed to Eisenhauer's dorm room at Virginia Tech in West Ambler Johnston Hall and, with the help from a Residential Adviser, entered his room. When no one answered the door, the RA allowed them inside.

Eisenhauer was asleep on a bed in a sleeping bag and startled when investigators yelled for him to show his hands. The raised voices and surprised tone from Eisenhauer were evident in an audio recording played during the hearing.

Eisenhauer was asked to come to the Blacksburg Police Station for questioning. Audio recordings prove he volunteered to come to the station and was allowed to take personal items.

During questioning, and after signing a Miranda Rights form, Eisenhauer told police he started talking to a girl on the social media platform Omegle who said she was 16 or 17, Eisenhauer recounted.

He said he wanted someone to talk to who was a stranger, which is why he turned to a random conversation generator app Omegle that connects people for conversations.

Their conversations quickly turned to the app, Kik. Eisenhauer said the girl, who he later identified as Lovell, told him everyone hated her. He said he comforted her. The two agreed to meet at her home, an apartment complex in Blacksburg.

After leading him to different locations, Eisenhauer said he finally met Lovell at her home. He said she climbed out of a window with a backpack and blanket appearing to seem ready to run away. In a video recording of the questioning between him and investigators, he told them Lovell looked like she was 11 years old. He had hesitations, hugged her, and wanted to get away.

http://www.wdbj7.com/content/news/D...-new-details-revealed-in-court-455689863.html

Thank you! I thought there was a hearing yesterday but couldn’t find anything


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  • #248
  • #249
Keepers' defense wants all statements thrown out in Nicole Lovell case

If the judge won't toss out everything, her attorneys wants 16 specific statements thrown out.

The judge says he wants an explanation detailing why the 16 specific statements should be thrown out in 30 days.

http://wset.com/news/local/keepers-defense-wants-all-statements-thrown-out-in-nicole-lovell-case

The motion filed by defense is in the article.

This is interesting

A new sealed search warrant was filed in November for Eisenhauer.

Also a few more details in this article

http://www.wdbj7.com/content/news/D...-new-details-revealed-in-court-455689863.html
 
  • #250
  • #251
For reference, I'm posting this link to defense motion from Natalie Keeper's attorneys to get her statements thrown out.

The Motion has a lot of information about the investigation, including transcripts of LE interviews with NK and others.

https://www.scribd.com/document/361...cret_password=hPYYJywt9h0BKvzXhPND#from_embed

As I read that motion, I keep thinking that I bet LE hates defense attorneys. LE bust their butts to catch the perps, and then defense attorneys try to get this scum released. It makes me sick to read how casually Nicole's life and emotions were being treated by DE and NK.
 
  • #252
As I read that motion, I keep thinking that I bet LE hates defense attorneys. LE bust their butts to catch the perps, and then defense attorneys try to get this scum released. It makes me sick to read how casually Nicole's life and emotions were being treated by DE and NK.

I thought the exact same thing because I actually cringed a few times while trying to read it through the eyes of her defense attorney. As much as I hate to admit it, they shouldn't have made those "signing over your rights is just procedural stuff" comments because it did downplay the seriousness of her Miranda rights. And, they probably should have asked her to sign them over before they began questioning her at all. Regardless, I don't think their argument is strong enough to convince a judge to disallow her statements in court. They asked her if she understood she wasn't being arrested before she gave her confession and she said yes. LE isn't required to read a person their rights until that person is arrested. The ignorance claim doesn't hold up in a court of law.
 
  • #253
I miss when we got all the motions and transcripts in Cayley case this Was an interesting read


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  • #254
  • #255
During questioning, and after signing a Miranda Rights form, Eisenhauer told police he started talking to a girl on the social media platform Omegle who said she was 16 or 17, Eisenhauer recounted.

He said he wanted someone to talk to who was a stranger, which is why he turned to a random conversation generator app Omegle that connects people for conversations.

Their conversations quickly turned to the app, Kik.

Snipped by me.

Thanks for all the info - this bit above answered the question I had from the start - how did he find Nicole on the internet? Now it makes some sense (though I've never heard of this random conversation generator before.

jmo
 
  • #256
Snipped by me.

Thanks for all the info - this bit above answered the question I had from the start - how did he find Nicole on the internet? Now it makes some sense (though I've never heard of this random conversation generator before.

jmo

I just looked up this site/app Omegle and it's a VIDEO chat generator, similar to ChatRoulette. This means that he HAD TO KNOW she was very young right away... before even messaging her on Kik. If a video chat was the first contact he had with her, his "I freaked out the night I met up with her outside because she looked so young and then I left" story holds absolutely zero weight. There's just no way he thought Nicole was 15 or 16 years old when they first spoke on that video chat.
 
  • #257
Snipped by me.

Thanks for all the info - this bit above answered the question I had from the start - how did he find Nicole on the internet? Now it makes some sense (though I've never heard of this random conversation generator before.

jmo

Omegle is a really strange experience - there is no defining profile or information about who you are talking to, just a screen name (you dont know locations or gender) so the app itself is not really dangerous, but the people behind the conversation and a naive decision to give out any contact information is certainly where things begin to unwind. You can try it yourself here - the more wonderful you are of course, the more interesting your conversation. I like to think of it as an opportunity to really make someone's day versus a breeding ground for psycho killers.

http://www.omegle.com/
 
  • #258
Omegle is a really strange experience - there is no defining profile or information about who you are talking to, just a screen name (you dont know locations or gender) so the app itself is not really dangerous, but the people behind the conversation and a naive decision to give out any contact information is certainly where things begin to unwind. You can try it yourself here - the more wonderful you are of course, the more interesting your conversation. I like to think of it as an opportunity to really make someone's day versus a breeding ground for psycho killers.

http://www.omegle.com/

Nope, not for me! Talking with WSers is enough for me....and I like getting to know others rather than be random.

Though I guess I can see the appeal.

I have been curious how the David and Nicole met online...and now we know (assuming he's telling the truth).

jmo
 
  • #259
Nope, not for me! Talking with WSers is enough for me....and I like getting to know others rather than be random.

Though I guess I can see the appeal.

I have been curious how the David and Nicole met online...and now we know (assuming he's telling the truth).

jmo

It is really interesting if his telling of it is true. It makes me wonder if he already had murder in mind when he went looking for someone on omegle, or if Nicole specifically triggered the idea through something she said later on as many believe.
 
  • #260
Omegle is a very dangerous SM platform

https://www.teensafe.com/blog/everything-a-parent-needs-to-know-about-omegle/

http://fox2now.com/2012/05/23/dangerous-chat-room-attracting-young-kids/

Chris Hanson has many shows To Catch A Predator which the perp utilizes Omegle. Look up his series on you tube for reference.

If DE knew of this app and was utilizing it to meet other people then that speaks volumes as to what he was looking for, IMO!

FYI..The SM platform DE spoke to NL was Kik. However DE communicated with NK via FB messenger. No other platforms have been identified in MSM with regards to this case.
 
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