KS - Patricia Kimmi, 58, Horton, 6 Nov 2009 - #7, New Arrest 3/12/13

[eyestowardHeaven]

I wrote the following back in June:



http://www.websleuths.com/forums/showpost.php?p=5263454&postcount=68


So, the capital murder conviction must reflect this evidence that was likely introduced at some point during the trial (and that I missed). I think my statement still holds true that the prosecution has no evidence for what I called "co-conspirators" at the time. They need more evidence to support even an arrest warrant for EK. RoHo's conviction does not add to that evidence.

BBM. Our family sees that quite differently, and obviously so did the jury. It is a huge, HUGE weight off our shoulders to simply be able to openly discuss parts of this case now. Let me point out a few things presented in the trial, the main one being:

ROGER did not know our MOM. It's that simple. Why would he have ever done what he did, when he didn't even know her? What is his motive?

He answered that question himself by showing up on January 18, 2010, and demanding the money owed to him by EK, one of the worst days of my entire life. He had been trying to make contact w/ EK throughout the prior week, calling and even coming to the sawmill. DJ kept track of each phonecall and the phone numbers, and reported them to us and law enforcement. We were all scared because RoHo even went to our Grandma's house, which is on the sawmill property. My specific worry was that if he couldn't get the money from EK, he'd do something to Grandma. She was 84 yrs old and completely helpless sitting there in her house, while EK ran around with his girlfriend, staying in motels in St. Joe because HE didn't WANT to talk to Roger.

Let's take a look at this - EK, for being one of the 3 stupidest people on the face of this earth, put himself in the very best position...there was no way on earth he would or could ever actually pay RoHo after RoHo murdered our Mom, not without getting caught. EK was immediately the 1st suspect (rightly) and LE was watching all the accounts involved. If he had given RoHo so much as a penny, it would have been a done deal. Instead, in the few weeks after Mom's abduction, EK gets himself a loaded gun to carry around and tells people he's "worried about someone showing up to get their money". Stupid, stupid man. He never could keep his mouth shut. Then he spends all his time at his girlfriend's house or at out-of-town motels, avoiding a confrontation with RoHo at all costs...leaving his own sick elderly mother completely on her own. He'd go WEEKS without talking to her or walking the few feet from his own house to hers to check on her. DJ and his wife took care of her in every way possible, trying to somewhat shield her from everything that was going on. DJ's wife had taken Grandma to get her hair done on that Saturday that RoHo came to the sawmill - she fortunately wasn't home, or who knows what would have happened.

That was a horrible, horrible time for all of our family. We all stayed with each other, we didn't sleep during the night, and at times, the sheriff's office parked a car at DJ's house, worrying that RoHo would come around again. And EK, the man some people have defended thru this...stayed away like the coward he is and always has been. It makes me completely sick to my stomach to hear from RoHo and ReHo that they were "scared". Yeah, scared of getting caught!!!

When DJ asked RoHo WHY he was standing there, on Jan. 18, 2010, telling him what he had done, RoHo says, "Well, if Eugene trusts you, I trust you." Obviously in that hour-long conversation had by EK and RoHo on Sept. 30, 2009, they had a lot of specific discussion. RoHo really didn't know DJ all that well, why WOULD he say that to DJ, unless EK had told him that? RoHo also told DJ that EK had told him he had money stashed away to pay RoHo with. He asked DJ if EK was still paying alimony. DJ told him yes, that he had to keep paying, and RoHo said, "No, she's gone, he doesn't have to pay now." Interesting...EK always talked about how you could hide a body here or hide a body there and nobody would ever find them. I don't think he and RoHo did any research on Kansas laws about missing people. They didn't KNOW you don't get to stop paying until it's proven that someone is dead, NOT just missing.

 

[eyestowardHeaven]

Whatever else I can clarify, I will gladly do so.

 

[eyestowardHeaven]

Yes, "son" I agree that it was hard reading, but I could get the jist if I used my imagination with words!
So glad that the verdict is guilty for RoHo, but I still have questions about the CD. If it was cashed, literally, there could be a cream can full of bills somewhere.

There were 2 cds, both around the same amount, $70,000.00 and due either Nov. 12 or Nov. 13, 2009. RoHo had a notation on a calendar on his property that said "deadline" on it. We believe this is where the amount offered to RoHo came from, but as far as we know, no money every changed hands. Contrary to some belief, money is NOT necessary to change hands in order for there to be an agreement.

 

[eyestowardHeaven]

This has me totally befuddled! Now that the evidence against Hollister has been revealed, I just cannot imagine what more they would need to arrest EK. He's been found guilty of capital murder, which implies there was a conspiracy, yes? With whom do they suppose he conspired if not EK? Surely they don't believe he took it upon himself to rid EK of his "burden" and settle up after the fact?
I hope they test that glove they found at the sawmill now. If it's not too late.

Yeah, we believe he was THAT stupid. And actually that's how EK operates in business...there were many statements from people about their being, for lack of a more polite term "screwed" out of money by him. He's also a pathetic habitual liar. I think everything he told RoHo that day in September 2009, RoHo believed completely. RoHo had been coming there for years, to this successful family business. RoHo has a history of not liking women who he thinks have "wronged" a man in some way. He gets to make $70,000.00 and teach this "fat #itch" (EK's words, of course, not mine) a lesson. Evil met evil that day, I believe with all my heart. And our Mom did not have a chance at that point. She put up with EK's abuse and alcoholism and perversion for all those years...for this.

 

[Fairy1]

Yeah, we believe he was THAT stupid. And actually that's how EK operates in business...there were many statements from people about their being, for lack of a more polite term "screwed" out of money by him. He's also a pathetic habitual liar. I think everything he told RoHo that day in September 2009, RoHo believed completely. RoHo had been coming there for years, to this successful family business. RoHo has a history of not liking women who he thinks have "wronged" a man in some way. He gets to make $70,000.00 and teach this "fat #itch" (EK's words, of course, not mine) a lesson. Evil met evil that day, I believe with all my heart. And our Mom did not have a chance at that point. She put up with EK's abuse and alcoholism and perversion for all those years...for this.

Thanks so much, Rita, for letting us know more.

I can totally see EK reneging on the deal, but it seems obvious to me that there WAS a deal, right? That's what makes it so difficult for me (and probably ALL of us!) to understand why EK has not yet been arrested.

You could argue that RoHo made the deal with the Devil, but even so, EK is the devil in this and should have been tried right there along with RoHo.

Thrilled with yesterday's verdict, but it wasn't quite a full helping of justice!

XOXOXO

 

[eyestowardHeaven]

Let me tell you...sitting there listening to a defense lawyer insinuate that DJ had anything to do with our Mom's death, that our family had planted evidence, that law enforcement had planted evidence, and that 18 yr old James Stuart had ANYTHING to do with this, was beyond ASININE, it was also excruciatingly painful. This law enforcement team, and all those agencies who have assisted, have dedicated THOUSANDS of hours to this investigation, many have done so without being paid. They are without a doubt a group of amazing, amazing people who care so much about what they do. To listen to someone standing there in open court while one of their fellow attorneys COMBS HIS HAIR REPEATEDLY and their client FALLS ASLEEP AND DROOLS while they question the integrity of every officer and their abilities leaves me just shaking my head. I have no words for that.

I want to openly, publicly, in every way possible make clear HOW much we appreciate Atchison County Attorney Jerry Kuckleman, Sheriff John Calhoon, Undersheriff Larry Myer, Sergeant Jeremy Peak, Deputy LaBarbera, EVERYONE from the Atchison County Sheriff's Office, Detectives Terry Kelly and Carey Stone and Atchison PD, KBI Special Agent Bill Delaney, Andy Bausch from the Atty General's office, and Fire Marshall Lamar Shoemaker for all of their hard work. We thank their families for all the time spent away from them for this very long 16 months. And I wish I could name each of every single other officer involved, but there are literally probably hundreds involved from many sheriff's offices, police departments, KBI, and highway patrol. THANK YOU. WE BELIEVE IN YOU ALL 100%. You are all the definition of public servants.

 

[eyestowardHeaven]

Thanks so much, Rita, for letting us know more.

I can totally see EK reneging on the deal, but it seems obvious to me that there WAS a deal, right? That's what makes it so difficult for me (and probably ALL of us!) to understand why EK has not yet been arrested.

You could argue that RoHo made the deal with the Devil, but even so, EK is the devil in this and should have been tried right there along with RoHo.

Thrilled with yesterday's verdict, but it wasn't quite a full helping of justice!

XOXOXO

Hey...it's not over yet. A good man told us in the beginning of this (and many times after), "Just wait. Let's see what happens next." And something always did.

 

[eyestowardHeaven]

I wanted to copy this from my facebook page:

With all my heart, I will praise the LORD.
Let all who are helpless, listen and be glad."
Psalm 34:2

Many, many times we felt helpless, but NEVER hopeless. PRAISE GOD for the victory yesterday and we are so grateful to that jury for their service. Justice was served yesterday.

 

[eyestowardHeaven]

Forgot ONE little thing...

Yesterday morning, before court started, the defense offered this little bargain:

They would have RoHo take the stand and tell EVERYTHING about EK, but RoHo gets to walk out a free man.

I will never understand how anyone can be a defense attorney. I know, I know - they're just "doing their job". I would never sell my integrity to make a buck. Never.

 

[little_pony]

THAT was what they were in deliberations for before closing arguements? Really?!?! I'm just... wow :loser:

 

[eyestowardHeaven]

THAT was what they were in deliberations for before closing arguements? Really?!?! I'm just... wow :loser:

It happened first thing yesterday morning, before court even started.

 

[son-of-bowmancabin]

Whatever else I can clarify, I will gladly do so.

I agree with every bit of your explanation. Everyone, especially the jury, has connected the dots but we haven't yet seen the whole picture. The public statements from the prosecution and the news coverage are necessarily simplified but I'm trying to understand the what must be the complex legal issue of prosecuting only one of the two parties required for a contract. This case is not closed while that remains unresolved. I'm certainly not defending anyone on this. I go back to my earlier posts talking about conspiracy and can't help but think the RoHo's complete stupidity has somehow saved EK. I just can't get my mind around it.

 

[amazinggracie]

Rita, thank you so much for coming on and giving us some clarification. I think many of us who couldn't be in the courtroom have hung on every word written, have wrung our hands in sorrow, seethed in anger, recoiled in horror, and shed a million tears. We may not have been there in person, but you know that the "posse" was there in spirit, and we are thrilled to have half the justice we prayed for served. Pat would want us to keep the faith - and we will. On to the next move toward justice.

 

[MindonMom]

I agree with every bit of your explanation. Everyone, especially the jury, has connected the dots but we haven't yet seen the whole picture. The public statements from the prosecution and the news coverage are necessarily simplified but I'm trying to understand the what must be the complex legal issue of prosecuting only one of the two parties required for a contract. This case is not closed while that remains unresolved. I'm certainly not defending anyone on this. I go back to my earlier posts talking about conspiracy and can't help but think the RoHo's complete stupidity has somehow saved EK. I just can't get my mind around it.

I have posted the statute on this before and asked the attornies involved in this case. All that needs to be done is an agreement made and one person to act upon that agreement. Eugene did not have to do anything after Hollister acted upon their agreement for Eugene to be guilty.

 

[Fairy1]

I have posted the statute on this before and asked the attornies involved in this case. All that needs to be done is an agreement made and one person to act upon that agreement. Eugene did not have to do anything after Hollister acted upon their agreement for Eugene to be guilty.

Well then, let's go get him! He's already spent way too many days on the wrong side of a jail cell!

 

[AmandaReckonwith]

Watching this on the sidelines (and I watch a lot of awful cases) my heart was with you all.

I know there's more to do in your Mom's case, but I also think this step has eased a huge burden. I'm glad.

 

[Fairy1]

Watching this on the sidelines (and I watch a lot of awful cases) my heart was with you all.

I know there's more to do in your Mom's case, but I also think this step has eased a huge burden. I'm glad.

Thank you, Amanda, for keeping all the pics up to date from the beginning. You are AWESOME!

 

[dreamweaver]

I was so thrilled to hear of the guilty verdict.
I was shocked by some of the detailed testimony.
I was saddened that Rita and all the family knew of
the gruesome details the last sixteen months and could
not discuss it publicly.

I believe that EK will receive justice.
He does not appear to be the grand planner of schemes.
His uncaring miserly ways will bring him his comeuppance,
straight into a jail cell.
JMO

RoHo, now a convicted felon, may decide that
he would like company in prison and
decide to 'tell all.'
EK treated him the way he has treated everyone and
payback can be a b.
JMO



Thank you Rita and family.

 

[jeansrme]

Thinking back over the time since I first learned about this case, I'm so impressed with this site and the many things that I've learned. Thanks so much to everyone for the opinions, questions and comments. Especially, thanks to Rita and Gene for taking part in the "conversations" and keeping us as informed as possible. I agree with "dreamweaver" that it was very sad to learn details of the case that the Kimmi kids held inside until yesterday. Thanks for being such an inspiration Kimmi kids. I feel like you and your Mother have changed my life and I've never met you. God willing, I'll be following the rest of the case as closely as I have up until now. It will feel so good when the next guilty party has his day in court. It is still very unbelievable that this whole thing happened in small town Kansas - and over greed!

 

[Eagle]

EK gets himself a loaded gun to carry around and tells people he's "worried about someone showing up to get their money".

That statement alone, is enough to get Eugene convicted. That is an admission of an agreement to pay for her being killed, or at a minimum he offerred one. That's all it really takes. To me, Hollister having his calendar marked on certain dates of CD's, ... how did he get that knowledge, was it coincidence ? .... I think would just support that there was something to it.

I believe Hollister's wife knew 'before" the fact, and part of the reason she is keeping quieter on some things is that 1) she knows she could get charged, 2) made a deal and is holding that part back until Eugene's trial... they don't want it out there yet. To me, it was obvious she knew when she was helping him load pieces of the truck onto the trailer she knew why.

Spousal privacy is 'voluntary', a spouse is not obligated to maintain it, but if they do and don't want to testify to it, they cannot be compeled to.