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

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  • #261
In hearings yesterday:

Eisenhauer:

In the hearing and in two orders filed afterward, Judge Turk dealt with motions that Eisenhauer’s defense team began arguing in October.

Turk denied a motion to exclude from evidence Eisenhauer’s cell phone, which the defense had argued was unlawfully seized by police during questioning.

Turk said that he would not rule until Feb. 5 on a defense motion to bar statements Eisenhauer made to police after invoking his right to have an attorney present; that he would wait on notice from prosecutors about which of Eisenhauer’s statements were likely to be used at trial.

Keepers:


Turk also denied defense motions in Keepers’ case this week. In an order entered Wednesday, the judge denied a defense motion to reconsider his March decision to allow into evidence incriminating statements that Keepers made to investigators. Turk also refused to bar most physical evidence connected to those statements.

Turk did say that a timeline of events that Keepers wrote out for investigators could not be used in a trial, because it was created during a time period he had already blocked from evidence.

Last year, Turk reviewed about 27 hours of recordings documenting interactions with police on Jan. 30 and Jan. 31, 2016. Asked by the defense to throw out everything investigators gained on those two days, Turk ruled that he would allow only about three hours of questioning from Jan. 30 because after a certain point, police should have read Keepers her Miranda rights. But Turk ruled last year that he would allow the entire second day of Keepers’ questioning because officers read the Miranda rights to her at the start of that session, and she signed a waiver of those rights and continued talking to investigators.

Turk’s ruling left a number of incriminating statements as potential evidence against Keepers. In recordings played during hearings last year, Keepers said that she helped choose a spot for Lovell’s murder and assisted in taking the body to North Carolina.

http://www.roanoke.com/news/crime/m...cle_8437ff42-43bb-5006-b660-d2afa4296f15.html
 
  • #262
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.

His use of Omegle is documented in the recent news article containing new information revealed about his first interview with LE.

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

Of course, he could have been lying, but LE accessed his cell phone and accounts, so they'll know for certain.

Also, from yesterday's news:

Judge says cellphone info will be allowed in Lovell murder trial

http://www.roanoke.com/news/crime/m...cle_8437ff42-43bb-5006-b660-d2afa4296f15.html

In a Thursday hearing and in two orders filed afterward, Montgomery County Circuit Court Judge Robert Turk dealt with motions that Eisenhauer’s defense team began arguing in October. Turk denied a motion to exclude from evidence Eisenhauer’s cell phone, which the defense had argued was unlawfully seized by police during questioning.

Turk said that he would not rule until Feb. 5 on a defense motion to bar statements Eisenhauer made to police after invoking his right to have an attorney present. Turk said that he would wait on notice from prosecutors about which of Eisenhauer’s statements were likely to be used at trial.

If the trial is to begin on Feb 5 and the judge will wait until that date to rule on statements DE made to police, doesn't that indicate the trial date will be delayed again?

Turk also denied defense motions in Keepers’ case this week. In an order entered Wednesday, the judge denied a defense motion to reconsider his March decision to allow into evidence incriminating statements that Keepers made to investigators. Turk also refused to bar most physical evidence connected to those statements.
 
  • #263
His use of Omegle is documented in the recent news article containing new information revealed about his first interview with LE.

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

Of course, he could have been lying, but LE accessed his cell phone and accounts, so they'll know for certain.

Also, from yesterday's news:

Judge says cellphone info will be allowed in Lovell murder trial

http://www.roanoke.com/news/crime/m...cle_8437ff42-43bb-5006-b660-d2afa4296f15.html



If the trial is to begin on Feb 5 and the judge will wait until that date to rule on statements DE made to police, doesn't that indicate the trial date will be delayed again?

[emoji1316][emoji1316][emoji1316]


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  • #264
His use of Omegle is documented in the recent news article containing new information revealed about his first interview with LE.

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

Of course, he could have been lying, but LE accessed his cell phone and accounts, so they'll know for certain.

Also, from yesterday's news:

Judge says cellphone info will be allowed in Lovell murder trial

http://www.roanoke.com/news/crime/m...cle_8437ff42-43bb-5006-b660-d2afa4296f15.html



If the trial is to begin on Feb 5 and the judge will wait until that date to rule on statements DE made to police, doesn't that indicate the trial date will be delayed again?

From the first article linked :

"The video recording then shows Eisenhauer walking out of the questioning room and off screen. At that time he told investigators he was calling a lawyer.

He was later brought back into the room and informed he was being detained.

Investigators then worked to write up arrests warrants for abduction and contributing to the delinquency of a minor. He sat in the questioning room for another four hours. Video shows Twigger reentering the room and demanding Eisenhauer for his cell phone.

His lawyers argue law enforcement illegally entered his dorm room, illegally interrogated him, and illegally seized his cell phone. They're asking the judge to throw out the majority of audio and video recordings of the moments at his dorm room and in the questioning room.

Twigger told the court she did not have a search warrant to take the phone but decided to take it to protect evidence from being deleted. A search of the phone wasn't started until the police department obtained a search warrant to view the contents of the phone.

The judge made no ruling on the motion to suppress this information, but said he will announce his ruling at a later date."

As much as I hate to admit it, the judge may rule to suppress any evidence LE obtained from that cell phone. If they failed to present him with a signed court order for the "search and SEIZURE" of his cellphone, they screwed up. DE had already requested his lawyer by that point, so LE really had no business engaging with DE at all after that. It doesn't matter if they waited to physically search the phone. They siezed personal property without the permission of the owner and without a proper warrant.

They could have just as easily placed the phone out of reach but still within his line of vision, to ensure both evidence was preserved and his rights were not violated. There was no need to send the phone to the crime lab without waiting on the warrant. This worries me.


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  • #265
I can't believe we're coming up to 2 years. It's such a tragic case.

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  • #266
another update:

Eisenhauer says officers entered his Virginia Tech dorm room without his consent, but the judge ruled that police had probable cause due to Lovell's liver condition and officer's believed it was a medical emergency.

Second, the judge ruled that statements Eisenhauer made to police before 1:55 p.m. the day he was brought into custody will be allowed, as Eisenhauer clearly understood his Miranda rights and voluntarily waved them. According to court documents, officers immediately gave Eisenhauer the Miranda warnings and the waiver "almost immediately upon arrival in the interrogation room." ... Eisenhauer asked "does this mean that at any time I can say I choose to stop talking and I would like to make a phone call, if I sign this?" to which, the court document says the agent replied "yes." About 50 minutes into the interview, around 1:55 p.m., the motion says Eisenhauer told police he was done and wanted to call a lawyer. The judge has ruled all statements he made in those first 50 minutes will be allowed in court.

Eisenhauer's attorneys said when Eisenhauer tried to exit the police department to call a lawyer, he was not allowed to leave, and was taken back to the interrogation room. The judge said he will take the motion to suppress statements made after 1:55 p.m. under advisement and will make a decision whether they will be allowed in court on the first day of his trial.

The fourth request from Eisenhauer's attorneys were to suppress evidence found in Eisenhauer's phone, but the judge denied that request because he said police took his phone but it wasn't searched until they got a search warrant to do so.

http://wset.com/news/local/judge-ma...nts-before-david-eisenhauers-trial-next-month
 
  • #267
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  • #271
Some more details about the evidence prosecutors have:

DNA, prints link victim to suspects


Lovell’s blood found on Keepers’ boots, evidence reveals

http://www.galaxgazette.com/content/dna-prints-link-victim-suspects

Evidence filed with the Montgomery County Circuit Court shows Lovell’s blood on tools, cleaning supplies, boots and other evidence. The fingerprints of the two suspects also appear on several items, according to court documents.
 
  • #272
Some more details about the evidence prosecutors have:

DNA, prints link victim to suspects


Lovell’s blood found on Keepers’ boots, evidence reveals

http://www.galaxgazette.com/content/dna-prints-link-victim-suspects

“Eisenhauer’s trial is set to begin Feb. 5, while Keepers’ trial has not been scheduled. The court system also lists Feb. 5 as the start of her trial, but Montgomery County Commonwealth’s Attorney Mary K. Pettitt told The Gazette that the date is a “placeholder” until a new date can be set for Keepers.”

Good to know


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  • #273
Keepers trial moved to Sept. 2018

Natalie Keepers' trial date has been moved to Sept. 17, 2018. It had originally been set for March 27, 2018. This decision follows motions made earlier this month to allow additional forensic and cell phone evidence. Additionally, a preliminary motions hearing to suppress evidence in her trial was held on Jan. 18.

Eisenhauer’s trial is set to begin in February.


http://www.collegiatetimes.com/news...cle_2daf020c-0099-11e8-82ae-67690bf81c7a.html
 
  • #274
Keepers trial moved to Sept. 2018

Natalie Keepers' trial date has been moved to Sept. 17, 2018. It had originally been set for March 27, 2018. This decision follows motions made earlier this month to allow additional forensic and cell phone evidence. Additionally, a preliminary motions hearing to suppress evidence in her trial was held on Jan. 18.

Eisenhauer’s trial is set to begin in February.


http://www.collegiatetimes.com/news...cle_2daf020c-0099-11e8-82ae-67690bf81c7a.html

Always appreciative of your updates!
 
  • #275
Jury selection begins on Monday!

Jury selection is to begin Monday. Eisenhauer’s family has retained some of the highest-profile defense attorneys in Western Virginia, including John Lichtenstein, Tony Anderson, Melissa Friedman and Greg Lyons, all of Roanoke.

On Friday, Eisenhauer’s defense attorneys filed a subpoena to bring Keepers out of jail as a witness. Keepers’ attorneys answered with a motion asking that Keepers be excused and promising that she would invoke her Fifth Amendment right against self-incrimination if called to the stand.

http://www.roanoke.com/news/crime/m...cle_ac18c13e-96ea-5db9-964c-8038efa90bba.html
 
  • #276
Eisenhauer is on his own... Keeper's isn't going to help you this time!
 
  • #277
I cannot wait to hear "GUILTY YOUR HONOR" in this devastating case. :jail:
 
  • #278
I cannot wait to hear "GUILTY YOUR HONOR" in this devastating case. :jail:

We've heard so little from DE, I'm very curious what his defense is going to be. What could it possibly be??

jmo
 
  • #279
  • #280
I haven't been keeping up on recent news with this. Does anyone know of good Twitter accounts or something to closely follow the trial??
 
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