GUILTY TX - Christina Morris, 23, Plano, 30 August 2014 - #37 *Arrest*

[Lrc143]

By the way- lets all hope the weather holds up so the GJ can meet tomorrow. N. Texas may have another ice day! Maybe we will have more info on both charges in the coming days.

 

[MIKAYOYO]

Thanks for providing these links. So under the law, the legal term in TX is sexual assault, not rape, which coincides with the TX penal code. Personally, if they don't have a rape charge available I would feel horrible for all of those people in TX who are in fact raped and their offenders are charged with sexual assault. I would much rather my attacker be called a rapist than a sexual assault(its). But, that's me. I would not feel vindicated in any way having everyone lumped in the same category but that is me. It may be a word to some, but to victims it means a LOT more.

I agree.

It's unfortunate that cases where there is consensual sex but not the right age can be generally lumped with outright rape of an unwilling person or an actual child.

That may not have come out right, but like when we were looking to move and checked the RSO situation in the area, I was not really concerned with the statutory rape offenders. I was looking at the actual pedophiles when choosing where we moved to. MOO

 

[Jazz]

Exactly! I've mentioned the odd car damage a few times, with not much response & I think it is important. The problem I have with dumpsters is somebody could see him doing that, businesses close by, CCTV, cops patrolling alleys, decomp odor (EA wouldn't know when the dumpster would be emptied), a dark Camaro with dark tinted windows-near a dumpster (seems suspicious to me).. Maybe the forensics they did on the car will show something that is indigenous to a certain area..

Maybe deep-down, I just don't want it to be a dumpster, because I do want her found....

All of the above: JMO

I think he could get away with taking her to the landfill. A girl was just found in a box at a landfill here a couple of weeks a go. Thank god she was alive!

 

[SteveS]

I see you keep mentioning rape and saying it is the more common term. I pulled up the penal code you mentioned and could not find the word rape anywhere in the entire penal code. I could have missed it. Is it there? If not, where are you getting this? Not saying you are wrong, but I would like to see this. TIA.

"Rape" is the more commonly known term (but no longer a term used in the statutes). "Sexual assault" is the legal term. "Statutory rape" (also not a term used in the statutes) is a specific type of sexual assault.

When you read through the statute defining "sexual assault," it should quickly become very clear that it is describing criminal acts that are commonly known as rape. (I would provide textual details, but imo they seem too graphically descriptive for a forum like this.)

For anyone who wants to read them:
http://www.bakers-legal-pages.com/fastlaws/pc2004/00000113.htm

 

[Mamamerced]

But there needs to be an accuser?

I'm not sure about that point. I think LE found out it and then approached the girl and, I'm guessing, then her family. From what Steve said, I think LE doesn't technically need the accuser for charges to proceed, but the "victim" wishes are often taken under consideration. I'm no lawyer, thankfully.

 

[MIKAYOYO]

In my opinion, there are two prosecutions here, one SA and one AK, and I don't think one will affect the other. Also, it doesn't matter in the eyes of Texas if she consented. Legally she was not able to consent so it doesn't affect the prosecution at all, there was a crime committed. For me, the SA charge doesn't change the evidence I deem EA guilty with in the AK charge. I'm not sure how prejudice works in trials, but will the SA charge (or conviction) even be brought up at all in the AK trial? I'm thinking this charge could only really affect the AK charge in the sentencing stage. Hope I'm making some sense. This is all JMO!!!!!!

Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase? IDK. I wish we had a lawyer or someone knowledgable about the law here. QF where yo at?

 

[Jazz]

I can't wait to see what occurs tomorrow. Nothing new happening here.

The GJ will probably not meet tomorrow due to our inclement weather! Sleet & snow tonight...

 

[daisytrail]

Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase? IDK. I wish we had a lawyer or someone knowledgable about the law here. QF where yo at?

I am just guessing that the prosecution will call her to acknowledge the sexual contact. I suspect that this will be very brief and that they will not open the door to the defense if possible, but the defense would still get to cross-examine her. I feel much sorrier for her at the prospect of the defense going after her.

ETA: Assuming he is indicted, of course.

ETA: I am referring to the SA charge and not the AK.

 

[zippixx]

I think he could get away with taking her to the landfill. A girl was just found in a box at a landfill here a couple of weeks a go. Thank god she was alive!

Yeah, that was weird! LE/she doesn't even know how she got there! (IIRC)

When you say "landfill", I assume you mean via dumpster & yes it is possible. My problem with that (per my latter post), is him being almost 3 hours late to work, with unusual fender damage (both sides, but not the front)... JMO

 

[zippixx]

Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase? IDK. I wish we had a lawyer or someone knowledgable about the law here. QF where yo at?

Is QF a verified lawyer? (not being snarky...just curious)...

 

[MzOpinion8d]

Since the info found was via Instant Messenger, I'm sure LE have more evidence. Or let's hope they do. I didn't even know people IM'd anymore.

I'm wondering if it was an app like Kik where it's basically texting but could be referred to as instant messaging as well.

 

[MIKAYOYO]

Is QF a verified lawyer? (not being snarky...just curious)...

I don't believe so, but he/she seems very knowledgeable about law and is able to discuss the case without any emotional attachment one way or the other.

 

[SteveS]

Yah, I don't know how all that works. I would think if he's tried for this would/could the defense subpoena her to testify? I don't know if it would be admissable in AK trial but I would think the prosecution would fight for it to be to show intent for the AK or they would at least be able to use it for the sentencing phase?

The victim in the rape case would almost certainly NOT be asked to testify in the AK case. In general, what he did to her isn't considered legally relevant to the determination of what he did with CM, so there's no reason to testify about it.

However ...

If he has a CONVICTION for rape on his record, thereby being legally classified for life as a sex offender, that fact (not her testimony) perhaps could be used to show a likelihood or propensity. It's tricky.

 

[imamaze]

Is QF a verified lawyer? (not being snarky...just curious)...

All verified professionals can be found here...

Professional Posters & Verified Insiders

If they are not here then they can not post as a verified lawyer, they can however give an opinion and link if they want to state anything as fact.

 

[Happyshoes]

The victim in the rape case would almost certainly NOT be asked to testify in the AK case. In general, what he did to her isn't considered legally relevant to the determination of what he did with CM, so there's no reason to testify about it.

However ...

If he has a CONVICTION for rape on his record, thereby being legally classified for life as a sex offender, that fact (not her testimony) perhaps could be used to show a likelihood or propensity. It's tricky.

Yes, this...a pattern. And there may be more but I hope not.

 

[Woe.be.gone]

I try to think of places that are not the norm. Especially if nothing has been found of the victim. I get a very strong gut feeling. I always try to go with my gut since it is rarely wrong. My next choice would be dismemberment and burnt.

Is it common to have fires over Labor Day weekend in Texas?
I mean, would a fire look out of place and draw unwanted attention?
Because we saw the fire pit with walls in an area the search team had been searching.
The idea of this happening keeps running through my mind.

So, where was EA after he got off of work on Saturday?
Was the Sprint store open on Sunday? If not, that gave him two days (Sunday and Monday) to do this.
I'm sure LE asked him this question to find out who he spent the holiday with and what he was doing. Wonder what he told them.

 

[zippixx]

Is it common to have fires over Labor Day weekend in Texas?
I mean, would a fire look out of place and draw unwanted attention?
Because we saw the fire pit with walls in an area the search team had been searching.
The idea of this happening keeps running through my mind.

So, where was EA after he got off of work on Saturday?
Was the Sprint store open on Sunday? If not, that gave him two days (Sunday and Monday) to do this.
I'm sure LE asked him this question to find out who he spent the holiday with and what he was doing. Wonder what he told them.

If you are referring to burning CM's belongings, I guess it's possible. A small fire out in the middle of nowhere might not be noticed or seem unusual (portable grill, labor day cookout). As far as burning a human body, I doubt it. The cremation process (IIRC) takes about 3+ hours of intense heat..

As far as EA knew, he could have heard a knock on the door Saturday evening, wondering where CM was...

 

[Balor51]

Is it common to have fires over Labor Day weekend in Texas?
I mean, would a fire look out of place and draw unwanted attention?
Because we saw the fire pit with walls in an area the search team had been searching.
The idea of this happening keeps running through my mind.

So, where was EA after he got off of work on Saturday?
Was the Sprint store open on Sunday? If not, that gave him two days (Sunday and Monday) to do this.
I'm sure LE asked him this question to find out who he spent the holiday with and what he was doing. Wonder what he told them.

It's very possible , it would depend on the burn laws for the county/city. I think fire/burning is a very strong possibility.

 

[Balor51]

If you are referring to burning CM's belongings, I guess it's possible. A small fire out in the middle of nowhere might not be noticed or seem unusual (portable grill, labor day cookout). As far as burning a human body, I doubt it. The cremation process (IIRC) takes about 3+ hours of intense heat..

As far as EA knew, he could have heard a knock on the door Saturday evening, wondering where CM was...

My professional opinion, it depends on the accelerate used. You would be surprised how quick it can be. Also, depending on what was used, bone fragments, teeth etc.. would be left. It would depend on many factors.

All IMO, and MPO

 

[JnRyan]

As far as a landfill is concerned, I doubt it. In fact, I'm thinking that the general area where she is has been searched and she was missed. He was gone too long for a simple dumpster operation and then there's the damage to his car like he went down a dirt road somewhere and not that far as he probably would have been scared to have Christina in his car for very long. I believe he not only went down a dirt road, but he tried backing into an area off such a road so the trunk would be facing away from anyone who might have come by. That might explain the damage if he hit trees.

Where the sexual assault of the minor is concerned...I hope none of this comes back on the girl or causes her issues/problems. I don't want to see her end up as a pawn in this whole EA affair.