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

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Seems too soon for the closing arguments. It seems that since KBI was involved that they would have made sure everything would have been tested for DNA, especially since it took so long for RoHo's arrest and all. Does anyone know if he could possibly plea bargain to lesser charge since they are all in a closed door meeting, if so it would be helpfull if he can in exchange info for EK to be charged. .
 
jeansrme said:
James Stuart Jr is the young man who saw the red dually pickup and saw the body with legs kicking in the ditch near Pat's home. His court appearance is detailed toward the end of this article.

http://sabethaherald.com/2011/02/25/roger-hollister-capital-murder-trial-day-four-part-ii/
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How anybody can see "legs kicking" and not call LE is beyond my comprehension. Sorry :(

"The world is a dangerous place to live, not because of the people who are evil, but because of the people who don't do anything about it." -Albert Einstein
 
Michelle41696 said:
Does anyone know if he could possibly plea bargain to lesser charge since they are all in a closed door meeting, if so it would be helpfull if he can in exchange info for EK to be charged. .
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As far as I know a defendant can agree to a plea bargain at any time prior to a jury delivering the verdict. But, one thing to note on this trial is that Roger Hollister did not take the stand in his own defense. A lawyer can't knowingly allow his client to purger himself so I presume that anything truthful he says would be self-incriminating and essentially help the State's case. The jury instructions indicated that they can convict him of capital murder, 1st degree murder (a lesser charge), or find him not guilty. Since he is the only person standing accused I would think he would be happy to incriminate himself on something like "aiding and abetting" if he could to avoid even standing trial for the murder itself. It appears that he was unable to do so.
 
From the Sabetha Herald's reporting of the prosecution's closing statement:

Nobody’s going to stand here and stick up for Eugene Kimmi. But you know, Eugene Kimmi’s not on trial today. And the judge has instructed you that another person has not been charged with a crime. Eugene Kimmi’s a matter for another day and another jury and another case. It’s your job to determine the guilt or innocence of Roger Hollister. Now Roger wanted to cooperate, they tell you. But what do those statements do consistently? Those statements have Roger involved. “I’m in deep,” he says. He was in very deep.
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And, in case (like me) you were wondering what the judge said with respect to capital vs. 1st degree murder:

The defendant is charged with the crime of capital murder. To establish this charge, the prosecution must have proved that the defendant intentionally killed Patricia Kimmi with premeditation, pursuant to a contract. The jury also has the option to find the defendant guilty of first-degree murder. To establish this charge, the prosecution must have proved that the defendant intentionally killed Patricia Kimmi with premeditation.
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I may have missed it, but it doesn't seem like the prosecution did much to prove that there was a contract. They talked about $70,000 and they indicated there was potentially a conversation between Eugene Kimmi and Roger Hollister but no money changed hands. Did anyone else see evidence that would tip the scale to capital murder?
 
Last closing argument from the prosecution:

Pat Kimmi died a violent death that night at Roger Hollister’s hands or someone he was associated with that night. His lawyer doesn’t doubt he was there that night. His lawyer has called him a liar. The judge’s instructions tell you that all he had to do was aid and assist in the death of Pat Kimmi, and he’s guilty.
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If what the prosecution says is true, that the evidence need only show that Hollister was there that night to prove guilt, then there is no doubt that he's guilty. Hollister himself said he was there. Saying that someone else was there isn't going to help no matter what.
 
First, my prayers go out to all of Pat's family and friends. I do not know any of you, but I have been so touched by your unwavering faith and patience. You have been an amazing testament of your mom's love. It sounds like she would have been so very proud of her family.

I grew up in the Sabetha area and have family in Horton and Hiawatha, so I have been following along almost from the beginning. I remember the youngest Hollister brothers, and knew where they lived at the time, but fortunately never knew of Roger.

From the beginning, I have had the feeling that Roger is greedy and looks for opportunities to make a fast buck, no matter what. I feel like he and EK were probably drinking buddies, and he heard EK speak poorly of Pat so many times that he took it upon himself to harm her. Then made up the whole part of a hit man, went to EK asking for "re-payment" and either thought EK would be so grateful that he would pay Roho or be so drunk he couldn't remember whether or not he made the agreement with Roho and pay it anyway.

I hate to give EK any credit, butt he just might have had this idea all along and thought Roho was crazy enough that if he would hurt her without actually being "hired" and EK would not get his hands dirty.

Just a different perspective than I had seen on here. I might be watching too many crime shows though!
 
http://sabethaherald.com/2011/03/01/roger-hollister-capital-murder-trial-day-six/

son-of-bowmancabin -- I wonder more about the $70,000 too. I had not heard about the CD until the trial but I don't recall any further reference to the CD. Seems like it could have been checked in to with banks to find out details.

I do hope that the jury pays special attention to RoHo's ever changing story.

Prayers for all of Pat's family and for the jury. This has got to be tough on everyone.
 
jeansrme said:
Seems like it could have been checked in to with banks to find out details..
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I believe there was testimony somewhere deep within the extensive Herald blog coverage that no large sums were transferred from EK to RoHo and the only large sum transferred from RoHo to a third party was confirmed to be the purchase of a tractor.

While that Sabetha Herald blog coverage was superior to any other new reporting, it was hard work to read!
 
A couple of questions:

1 Can Reho be charged with aiding and abetting?
2 Reho waited until May to show LE where to find the body. The forensics spec. shows an ax or saw could have been used. Were items like this sold at Roho's auction?

Convenient way of getting rid of evidence!?!
 
3/1/2011 3:49:00 PM
Hollister Trial: Jury Requests Readback

Joey May
Reporter

The jury came back to the courtroom for a few minutes early Tuesday afternoon for a "readback" of testimony from D.J. Kimmi, nephew of Eugene and Pat.

The testimony centered around a trip Roger Hollister made to the sawmill in September 2009 when he was in a room with Kimmi, drinking beer and talking about the Kimmis' divorce. D.J. said he left the area because he didn't want to hear Eugene "whining" anymore and was therefore unable to testify as to what else the two men discussed.

The jury has since returned to deliberations.

http://www.hiawathaworldonline.com/main.asp?SectionID=4&SubSectionID=21&ArticleID=5699
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son-of-bowmancabin said:
I believe there was testimony somewhere deep within the extensive Herald blog coverage that no large sums were transferred from EK to RoHo and the only large sum transferred from RoHo to a third party was confirmed to be the purchase of a tractor.

While that Sabetha Herald blog coverage was superior to any other new reporting, it was hard work to read!
Click to expand...

I read where he traded the dually off but then he bought it back. Was asking for $10k for the truck per DJ but was there $10k removed from any accounts to cover that? I would not be surprised of these guys having some large amounts of cash stashed away for a rainy day. Hard to track money changing hands when it does not leave an account.

Edit I just went to AmandaReckonwith's photobuckets and seen where the dealership says they undid the deal in the trade. But Didn't ReHo state she seen him in the Silver Truck with the red truck in the ditch?
 
Sunflowergirl said:
Can Reho be charged with aiding and abetting?
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In short, probably not. There are a couple of legal issues here. First, RoHo enjoys spousal privilege with ReHo and for the most part she is prohibited from relaying any conversations she has had with him (unless RoHo releases her from that privilege). This was discussed several month ago by me as well as law enforcement. In some ways it is good that she said nothing as anything she said that violated Roger's privilege could potentially taint any further evidence gathered as a result of her saying something she shouldn't. Again, law enforcement was clear on this and they mentioned how careful they had to be when questioning ReHo.

The other issue is that Kansas laws around "aiding and abetting" appear to be for assisting someone from escaping arrest and/or conviction once a suspect is charged. Her actions led to RoHo being charged. Up to that time you are either fully involved (as in a co-conspirator or jointly charged) or you are in the clear (legally speaking). She wasn't involved directly in the crime so is not charged and spousal privilege covers her for everything that happened immediately after.

We shouldn't forget that RoHo's next trial is for trying to kill ReHo.

http://kansasstatutes.lesterama.org/Chapter_21/Article_38/21-3812.html

Disclaimer: I'm not a lawyer!
 
wfgodot said:
3/1/2011 3:49:00 PM
Hollister Trial: Jury Requests Readback

Joey May
Reporter
Click to expand...

I will speculate that this means they've already reached a unanimous verdict of guilty and they are now trying to hash out the question of capital murder vs. 1st degree murder. That portion of the testimony was trying to establish the existence of an (oral) contract between EK and RoHo.
 
kq2lourin: Hollister guilty of capital murder. #fb
half a minute ago via TweetDeck
 
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