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

[MIKAYOYO]

Oh. ok, thanks for the reply.. To me & IMO, some were friends & some were acquaintances & some might not have known each other.. The one thing they seemed to have in common were drugs & alcohol. The one sexually aggressive guy didn't get his way & eventually took it out on CM. I doubt any of the other people at the party saw enough aggressiveness to be alarmed or concerned. After all, they were all probably stoned & full of alcohol. None of them tried to stop EA from driving, after a night of drinking... they didn't care... JMO!

I agree, but I also think the defense could tear down these witnesses testimony (PP and SB) regarding his sexual frustration and downplay it quite a bit. JMO

 

[catpatrol]

Does PPD actually have to prove a motive of SA to convince a jury that EA kidnapped Christina? I don't think so. JMO

 

[CatsInTheCradle]

I can totally agree that they didn't care. They did not care. At all. So sad.

You know what makes me really sad is probably the only one who knew she was gone was her little dog. That just kills me. No one else missed her. JMO

 

[Balor51]

You know what makes me really sad is probably the only one who knew she was gone was her little dog. That just kills me. No one else missed her. JMO

Poor Madden, he lost his mommy

 

[CatsInTheCradle]

I think the prosecution will definitely fight to get that heard. It would go to their AK charge with intent to sexually assualt. I can't see any other reason they have moved on this so quickly. Hell, it took them almost 4 months to even get EA's DNA and that was after his arrest! MOOO

Nor can I. (BBM)

 

[heather.scissorhands]

You're saying that the jury trying him for sexual assault won't convict him, because he kidnapped (and probably murdered) someone else? Not sure why you think that, but I certainly don't agree in the least. They have testimony waiting from almost everybody who could possibly have known (including himself!), saying he did it, so I think he'll end up with a stiff sentence for sexual assault of a child.

This is not a crime of dating, it's a crime of preying on a child for sex.

No, Steve, I am saying the opposite. I'm surprised you didn't get that. I am saying this crime will not help a jury convict him of AK. If anything, I think it will create doubt about the prosecution.

People do not trust the justice system the way they used to. If he is going to be prosecuted for the AK of CM, I hope they have more on him than this.

 

[catpatrol]

No, Steve, I am saying the opposite. I'm surprised you didn't get that. I am saying this crime will not help a jury convict him of AK. If anything, I think it will create doubt about the prosecution.

People do not trust the justice system the way they used to. If he is going to be prosecuted for the AK of CM, I hope they have more on him than this.

They do... physical evidence that Christina was bleeding in his trunk.... people keep forgetting that one.

 

[Lrc143]

I think the prosecution will definitely fight to get that heard. It would go to their AK charge with intent to sexually assualt. I can't see any other reason they have moved on this so quickly. Hell, it took them almost 4 months to even get EA's DNA and that was after his arrest! MOOO

Its so interesting because I see it opposite. DNA testing facilities have huge back logs, so 4 months, while long, seems 'normalish'. It doesn't seem rushed to me to find a text, then interview 3 people who confirmed a crime then charge him for it. I just don't see it taking more than a day or two to get that information.

 

[heather.scissorhands]

They do... physical evidence that Christina was bleeding in his trunk.... people keep forgetting that one.

I know that. I also know that they said they had faint traces of DNA. A jury will want more, IMO. I hate to bring up Casey Anthony again, but they had so much more on her. And I get it--there was doubt in the jury's mind about her father, her mother...

That doubt was put there by the defense. I didn't buy it. Did Yall? Did anyone here think CA was innocent? I did not, but she got away with a horrendous crime against her own child.

Sorry, but the lack of evidence is still worrying me. We need more. I think he's guilty, but I also know that all it takes is that seed of doubt.

I assume they have more, but since we don't know what that is, I can only go off what they have told us.

 

[catpatrol]

I know that. I also know that they said they had faint traces of DNA. A jury will want more, IMO. I hate to bring up Casey Anthony again, but they had so much more on her. And I get it--there was doubt in the jury's mind about her father, her mother...

That doubt was put there by the defense. I didn't buy it. Did Yall? Did anyone here think CA was innocent? I did not, but she got away with a horrendous crime against her own child.

Sorry, but the lack of evidence is still worrying me. We need more. I think he's guilty, but I also know that all it takes is that seed of doubt.

I assume they have more, but since we don't know what that is, I can only go off what they have told us.

I know what you're saying, but we haven't even got to GJ yet. There will undoubtedly be more evidence IMO.

 

[Mamamerced]

You know how we can all agree that the "sexual assault of a CHILD" is different than a relationship with a teenager is our reaction when we first heard the news. I thought I was going to throw up. I cried. I was convinced he was evil. The next day when they released the details--were we not all relieved that it wasn't a young child? The tone of the forum changed. Because there is a difference.

A jury isn't going to go for this as evidence of a potential kidnapper. No way. Some of the women in the jury will have dated older guys when they were younger, some of the men will have dated younger women when they were in their 20s. Most of the jury will have grandparents or parents who met at those ages and had full lives of love and happiness.

The truth is, younger girls dating older guys is pretty normal. It's not unheard of. Yes, I get it,it's a crime, but let's get real.

I think you make some valid points, HS. I'm concerned this SA/Child charge will direct some sympathy to EA or at least cause people (jury?) to look askance at each other. As it stands, this law need some serious tweaking, but it is the law on the books in Texas now.

 

[SeriouslySearching]

I agree, but I also think the defense could tear down these witnesses testimony (PP and SB) regarding his sexual frustration and downplay it quite a bit. JMO

As leading as the detective appeared to be in his report on the SW...I don't think the defense will have a difficult time at all downplaying the situation with SB. IMO, SB initially didn't think that much about what happened other than it aggravated her at the time until the detective put the words into her mouth. It seems all she did was agree with his assessment and it did not sound like it was her description at all.

 

[Lolly85x]

They do... physical evidence that Christina was bleeding in his trunk.... people keep forgetting that one.

And has never been seen again...!

 

[zippixx]

As leading as the detective appeared to be in his report on the SW...I don't think the defense will have a difficult time at all downplaying the situation with SB. IMO, SB initially didn't think that much about what happened other than it aggravated her at the time until the detective put the words into her mouth. It seems all she did was agree with his assessment and it did not sound like it was her description at all.

I'm hoping the AK charge (with all the DNA evidence, plus EA's lies, injuries, etc) will be strong enough to stand on its own..

 

[Doj1234]

I think you make some valid points, HS. I'm concerned this SA/Child charge will direct some sympathy to EA or at least cause people (jury?) to look askance at each other. As it stands, this law need some serious tweaking, but it is the law on the books in Texas now.

Sexual Assault of a child is as heinous sounding as there is for most people. Just like myself and others on this thread, when you hear that and then learn what REALLY happened, the feeling turns more sympathetic to EA and the unjust label.

Whatever happened to statutory rape? That's a more accurate description and people know what IT means just from the charge.

 

[MIKAYOYO]

Does PPD actually have to prove a motive of SA to convince a jury that EA kidnapped Christina? I don't think so. JMO

To prove aggrevated kidnapping, yes, they need to prove the intent. I'm not a lawyer so, MOO. But the Texas Penal Code states someone commits aggrevated kidnapping when they knowingly and intentionally kidnap someone with the intent of 6 different things.

ETA, in the arrest affidavit PPD chose number 4, intent to do bodily harm or assault sexually.

Its so interesting because I see it opposite. DNA testing facilities have huge back logs, so 4 months, while long, seems 'normalish'. It doesn't seem rushed to me to find a text, then interview 3 people who confirmed a crime then charge him for it. I just don't see it taking more than a day or two to get that information.

I understand the backlog, but they never obtained the DNA prior to his arrest.

I know what you're saying, but we haven't even got to GJ yet. There will undoubtedly be more evidence IMO.

This is exactly what I was referring to earlier. It seems the SA charge is being rushed even before the AK charge goes to GJ. So, IMHO, they are wanting to use a sexual assault conviction in his AK trial. MOO

I'm hoping the AK charge (with all the DNA evidence, plus EA's lies, injuries, etc) will be strong enough to stand on its own..

I hope so too, Zippixx, I hope so too. I just fear the defense has way too much to work with.

 

[SeriouslySearching]

I'm hoping the AK charge (with all the DNA evidence, plus EA's lies, injuries, etc) will be strong enough to stand on its own..

Hopefully, but it won't look good on LE to have trumped up the sexual assault angle in order to get the SW.

ETA: B.Humble mentioned the interviews may differ greatly from what was put on the SW and could be correct. If so, I will admit my mistake...but until I see the interviews or hear more I only have the SW and detective's word as to what transpired.

 

[SteveS]

No, I didn't say it was the same.

I thought that was exactly what you were saying by your admission that you have texted while driving, that everyone has done stuff like what EA is being charged with doing. My apologies if I misread your meaning.

 

[catpatrol]

To prove aggrevated kidnapping, yes, they need to prove the intent. I'm not a lawyer so, MOO. But the Texas Penal Code states someone commits aggrevated kidnapping when they knowingly and intentionally kidnap someone with the intent of 6 different things.

ETA, in the arrest affidavit PPD chose number 4, intent to do bodily harm or assault sexually.

Snipped for brevity.
Yes... Intent of bodily harm. I think the significant amount of DNA will cover that. I do not think they will have to prove intent of SA.

 

[SteveS]

No, Steve, I am saying the opposite. I'm surprised you didn't get that. I am saying this crime will not help a jury convict him of AK. If anything, I think it will create doubt about the prosecution.

Then I'm not sure of your point. EA will be tried separately for at least 2 different felonies, for Sexual Assault of a Child against "Jennifer Smith" and then for one or more crimes against Christina Morris. In order to convict him for the crimes against CM, they don't have to prove anything at all about the SA case against JS; and I see no reason they will be mentioning any of the SA details or evidence in the CM trial.

Assuming he's tried and convicted of the SA first, I can see where they might reference that he's a convicted felon, a registered sex offender, and has a proven history of sexual assault before he took the walk with CM that night. But I can't see any reason for them to want to, or need to, offer up the details/evidence of that case itself.