Found Deceased PA - Linda Stoltzfoos, 18, Bird-in-Hand, Lancaster County, 21 June 2020 *kidnapping arrest* #3

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I just saw the information on FB (Amish Girl Missing) in regards to the Prayer Ride for Linda slated to take place this Saturday, August 8th. I was surprised to see how elaborate this is going to be; there is even going to be live radio and a police record registration. Lights and sirens will take place during the convoy. The solemn event, which begins at 7:00am, includes: food trucks, volunteers, and loud speakers. The convoy gets on its way at 1:00pm, so it looks to be a fairly lengthy gathering prior to the “Ride.”

The support for this family is tremendous, which is very heartwarming. I am sure the family is grateful for the love they so much deserve. Having said that, there seems to be an excessive amount of publicity surrounding this case. My one concern is that these types of activities may cause the defense to request a change of venue when the time comes. ‘Can an unbiased local jury pool be found?’ - is what I think the question may be.
 
Since I don't have access to the PA court site - I'll count on @sds71 to let me know IF this is still a "go" today.

Wednesday, August 5th:
*Preliminary Hearing (@ 1:30pm ET) - PA – Linda Stoltzfoos (18) (last seen June 21, 2020, Bird-In-Hand, Lancaster County) – *Justo Roberto Smoker (34) arrested (7/10/20 at work at Dutchland, Inc.), charged & arraigned (7/11/20) with felony 1st degree kidnapping to inflict injury/terror & misdemeanor false imprisonment. Denied bail. Held without bond.
Case info reference post #965 here:
ACTIVE SEARCH - PA - Linda Stoltzfoos, 18, Bird-in-Hand, Lancaster County, 21 June 2020 *arrest*

7/11/20 Update: Appeared before Magisterial District Judge B. Denise Commins for a preliminary arraignment. Charged with felony kidnapping to inflict injury/terror & misdemeanor false imprisonment. Denied bail. Bail Action Reason: Due to the nature of the charges & ongoing investigation into the status of the victim. Next preliminary hearing on 7/21/20.
7/20/20 Update: Preliminary hearing has been postponed to 8/5/20. Hearing will go from 1:30pm to 5pm. Assigned attorney Christopher Tallarico.
 
I just saw the information on FB (Amish Girl Missing) in regards to the Prayer Ride for Linda slated to take place this Saturday, August 8th. I was surprised to see how elaborate this is going to be; there is even going to be live radio and a police record registration. Lights and sirens will take place during the convoy. The solemn event, which begins at 7:00am, includes: food trucks, volunteers, and loud speakers. The convoy gets on its way at 1:00pm, so it looks to be a fairly lengthy gathering prior to the “Ride.”

The support for this family is tremendous, which is very heartwarming. I am sure the family is grateful for the love they so much deserve. Having said that, there seems to be an excessive amount of publicity surrounding this case. My one concern is that these types of activities may cause the defense to request a change of venue when the time comes. ‘Can an unbiased local jury pool be found?’ - is what I think the question may be.
At the present time, I think this is a wonderful way to make more people aware of Linda Stoltzfoos abduction and to keep it in the forefront so she isn't forgotten. It may make a difference in her being found sooner than later. As for finding an unbiased jury pool we will have to wait and see if JS lawyer will try to use that angle.
 
I Was in Leola running errands this morning. The sun had just come up on this warm and hazy beautiful summer day. I found myself driving toward Beechdale rd, all the while passing buggies & bikes. Summer days in Amish country are just beautiful. It’s like you’ve stepped back in a time warp. It was strangely peaceful. I had a calm come over me as I turned onto Beechdale & I prayed for Linda. I pulled the car over & watched a mama & her young horse(foal) play in the field. Linda will be found. Soon. I have no doubt.
It's comforting to hear that life in Amish country is still peaceful and serene and hasn't changed despite this tragedy. Thank you for taking us with you on your journey today nataliewould, it's very comforting.
 
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There is no update yet in the case search portal but it does say that he has a public defender, Christopher Michael Tallarico, Esq. and his address. But there no update to what has happened in court today.
I wonder how long it will take for the courts to update the portal/docket sheet/court summary. I am also eager to hear/read what happened today at the hearing.
https://ujsportal.pacourts.us/DocketSheets/MDJReport.ashx?docketNumber=MJ-02302-CR-0000324-2020&dnh=VFzO9nFEeqguiEhh4Kv3+w==

ETA addition link for Court Summary: https://ujsportal.pacourts.us/Docke...-CR-0000324-2020&dnh=VFzO9nFEeqguiEhh4Kv3+w==
 
IMO its interesting that he was charged with kidnapping to inflict bodily injury or terror (#3 below). I find that interesting because it corresponds to the supposed harm he did to LS but we still aren't aware of any actual harm and he hasn't been charged with any actual harm. Maybe I just don't understand.

"(3) To inflict bodily injury on or to terrorize the victim or another."
Section 2901 - Title 18 - CRIMES AND OFFENSES
 
IMO its interesting that he was charged with kidnapping to inflict bodily injury or terror (#3 below). I find that interesting because it corresponds to the supposed harm he did to LS but we still aren't aware of any actual harm and he hasn't been charged with any actual harm. Maybe I just don't understand.

"(3) To inflict bodily injury on or to terrorize the victim or another."
Section 2901 - Title 18 - CRIMES AND OFFENSES
I am wondering if they have evidence on video of him threatening to inflict bodily injury or terrorizing her; it doesn't have to be an audio recording, it could be in actions but that's just MOO.
 
IMO its interesting that he was charged with kidnapping to inflict bodily injury or terror (#3 below). I find that interesting because it corresponds to the supposed harm he did to LS but we still aren't aware of any actual harm and he hasn't been charged with any actual harm. Maybe I just don't understand.

"(3) To inflict bodily injury on or to terrorize the victim or another."
Section 2901 - Title 18 - CRIMES AND OFFENSES
I think it categorizes all kidnappings based on the following assumptions of intent:
  1. To hold for ransom or reward, or as a shield or hostage.
  2. To facilitate commission of any felony or flight thereafter.
  3. To inflict bodily injury on or to terrorize the victim or another.
  4. To interfere with the performance by public officials of any governmental or political function.
Of those listed. I think that "to inflict bodily injury on or to terrorize" is the only appropriate category. I don't know if there needs to be specific evidence of that intent.
 
Man charged with kidnapping Amish teen Linda Stoltzfoos heading to trial



LANCASTER -- Video surveillance may have caught what police believe was the moment of the abduction of Linda Stoltzfoos.

And based on video evidence discussed at a preliminary hearing today, as well as the accounts of several witnesses who told investigators they saw a Red Kia with an Amish girl in the passenger seat, Magisterial District Judge Denise Commins found there was enough evidence for charges of kidnapping and false imprisonment to move forward to Lancaster County Court for Justo Smoker.



Smoker, 34, of Paradise Township, was taken into custody July 11 and charged in connection with the disappearance of 18-year-old Linda Stoltzfoos.

Stoltzfoos went missing after a church service near Bird-in-Hand June 21. She hasn’t been seen since.


According to court records, several members of the Amish community told law enforcement they saw a red car traveling the route where Stoltzfoos was expected to be walking on June 21. They said they saw an Amish woman sitting in the front seat.

Authorities determined Smoker was the driver of a 2007 red Kia Rio.

East Lampeter Township Police Detective Christopher Jones testified today that video surveillance from the area shows Stoltzfoos and her friends walking towards church. It later shows the red Kia in the area, he said. Zooming in on one of the videos, Jones testified the video shows the Kia pull over as a figure walks down the road, coming from the direction of the church. It also shows a figure getting out of the Kia, walking towards the figure coming from church, and then the two of them head to the Kia before it drives off.

Numerous witnesses told investigators they saw an Amish girl riding in the car in her “church clothes,” which would be unusual on a Sunday, Jones testified. Jones testified that Stoltzfoos was happy with her life in the Amish community and never expressed a desire to leave. Her bank records show her account has been untouched since her disappearance.

According to further testimony today, state police were investigating a suspicious-vehicle report from two days after Stoltzfoos’ disappearance. The caller took had taken photos of a red Kia parked near the woods behind a business in a remote area of the township.

Police investigated that area and found a bra and stockings buried there. The clothing is similar to what Stoltzfoos’ family said she would have been wearing when she went missing. Authorities believe she could have been harmed.

The search for Stoltzfoos continues.

Smoker is in Lancaster County Prison. Bail has been denied as the investigation continues.

A date for formal arraignment has not yet been set.
 
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