GUILTY MS - Alexandria "Ally" Kostial, 21, Ole Miss student found dead, Harmontown, 20 Jul 2019 *ARREST* #2

[Quill]

I'm very glad that he is not getting special treatment due to possible family connections IMO. Thanks for posting the updates.

My guess is his family will pay for a private evaluation in order to keep him from sitting in the backlog.

In that 2017 report, ProPublica identified more than 100 cases in which Mississippians with mental illnesses were spending long periods in jail waiting for a bed or evaluation from the state hospital.

Will a Court Force Mississippi to Change on Mental Health?

 

[borndem]

I wonder how long it will take BT to snooker the staff into believing whatever he says? He's probably thinking right now about what path he'll take and how to make the professionals see that he is pitiful and couldn't help what he did -- he doesn't remember it happening at all, ya know, so he must have blanked out for several daze. My bet is that it'll never happen -- those doctors will see his act in about 5 minutes because they've seen it all and from inmates that are far better at it -- a beginner -- than he is.
I don't know if he really knows how to wriggle out of a jam or not -- daddy dearest has always been there to "bail" him out, and daddy won't be there.

I do hope his slick defense team won't get permission to have him examined by an alternate institution in lieu of the state's staff. BT's defense team will certainly have him examined by their own chosen "we can get you out of it, you poor boy" team -- the best money can buy. That angle scares me. As long as the state of Miss. mental staff get their crack at him, I'll feel better.

 

[Seattle1]

My guess is his family will pay for a private evaluation in order to keep him from sitting in the backlog.
Will a Court Force Mississippi to Change on Mental Health?

I've no doubt the defense will consult with private mental health professional in advance for expedited opinion for their internal use only.

The defense wont attempt to overrule the judge decision to have state facility evaluate him. The prosecution could easily file motion to reject the private opinion, and they'd be back at square one -- waiting in line.

 

[borndem]

I've no doubt the defense will consult with private mental health professional in advance for expedited opinion for their internal use only.

The defense wont attempt to overrule the judge decision to have state facility evaluate him. The prosecution could easily file motion to reject the private opinion, and they'd be back at square one -- waiting in line.

Good deal, @Seattle1! As long as the state gets their crack at him, which is what I've seen at every trial such as this. I don't recall the judge ever disallowing the defense to have their own psych evaluate the defendant (most trials were in NC courts), but I'd love to see it done here! So yes, let him sit it out.

He's still living and breathing and eating and sleeping and watching restricted TV.
Ally is not.

 

[Seattle1]

Good deal, @Seattle1! As long as the state gets their crack at him, which is what I've seen at every trial such as this. I don't recall the judge ever disallowing the defense to have their own psych evaluate the defendant (most trials were in NC courts), but I'd love to see it done here! So yes, let him sit it out.

He's still living and breathing and eating and sleeping and watching restricted TV.
Ally is not.

Defense named the MS State Mental Hospital. If they don't like what the State says, they'll supplement with additional opinions to support their own.

These men are smart -- they know what they want to hear. Something to do with new information heard the night before bond hearing.

Attorneys ask for psych evaluation for Ole Miss murder suspect Brandon Theesfeld as Ally Kostial’s friends and family fill the courtroom

His defense team is made up of cousins Tony and Steve Farese as well as Oxford attorney Swayze Alford. They were expected to ask a Lafayette County judge to set a bond, but withdrew their request Thursday.

Instead, the defense is asking for a psychological evaluation at the Mississippi State Mental Hospital. There is no timetable for how long a mental evaluation will take, though both sides acknowledged in Mississippi it can take a substantial amount of time.

Thursday’s hearing was supposed to include testimony but lasted less than five minutes. The defense’s announcement that they received new information in the case sent the courtroom abuzz, but they wouldn’t say what the new information was.

 

[MemPat]

So I'm guessing Brandon is being forced to detox in the county jail while he awaits that psych eval?

That can't be pleasant.

I wonder if this is one of those jails where enough money can even get you drugs and alcohol on a daily basis.

Surely no one has illusions that he was clean with his reputation as the go-to drug dealer on campus?

 

[afitzy]

So I'm guessing Brandon is being forced to detox in the county jail while he awaits that psych eval?

That can't be pleasant.

I wonder if this is one of those jails where enough money can even get you drugs and alcohol on a daily basis.

Surely no one has illusions that he was clean with his reputation as the go-to drug dealer on campus?

Do we have any information on what tests were done of the suspect at the time of booking in terms of drugs/alcohol or even DNA etc.? I haven't read anything about the details of the arrest but everything seems so locked down that perhaps LE did take some tests and the results remain sealed? IDK.
MOO

 

[Seattle1]

Do we have any information on what tests were done of the suspect at the time of booking in terms of drugs/alcohol or even DNA etc.? I haven't read anything about the details of the arrest but everything seems so locked down that perhaps LE did take some tests and the results remain sealed? IDK.
MOO

Judge sealed this case prior to BT's first appearance so no additional information/details known at this time.

 

[ilovechili]

I don't much like sealed secret stuff...

More used to open records I guess... I get the need perhaps with today's internet and publicity and media in general but still...

This girl is dead. Where are the victims' or loved ones time frame and rights...

I realize he is not convicted yet but still the public has a right to know and her family especially so and I would hope they are more informed than the general public.

Jmo.

 

[Seattle1]

I don't much like sealed secret stuff...

More used to open records I guess... I get the need perhaps with today's internet and publicity and media in general but still...

This girl is dead. Where are the victims' or loved ones time frame and rights...

I realize he is not convicted yet but still the public has a right to know and her family especially so and I would hope they are more informed than the general public.

Jmo.

I don't think anybody too surprised here just because of the amount of rumors flying long before autopsy complete.

And now that BT is waiting in line for mental evaluation at facility backed-up, it's probably a wise move here.

I imagine authorities still shared the autopsy results with Ally's next of kin and/or parents.

MOO

 

[ilovechili]

Makes sense. It is just frustrating and I hope the victim's family knows more.

And that they get that evaluation done pronto...

Jmo.

 

[MelodyLane]

(I’m pretty new to posting here, so bear with me if this post looks like a hot mess! )

I haven’t heard Theesfeld’s lawyer say this before:

“Is he competent to stand trial? Is he competent to assist his counsel in the defense of his case? And then sanity at the time of the alleged offense,” Farese said of the questions he hopes the evaluation can answer.

He also tells 5 On Your Side, while it’s too early to say for sure, he does expect to ask for a change of venue should the case go to trial.

This could be the defense for the man accused of killing Ole Miss student Ally Kostial

 

[Seattle1]

The murder of Ole Miss student Ally Kostial

The murder of Ole Miss student Ally Kostial
Friends say Ally Kostial was in an on-again, off-again relationship with Brandon Theesfeld. Whatever their relationship was really like, Theesfeld would be one of the first people investigators wanted to find after the morning of July 20.

Get the full story: This could be the defense for the man accused of killing Ole Miss student Ally Kostial

 

[Seattle1]

(I’m pretty new to posting here, so bear with me if this post looks like a hot mess! )

I haven’t heard Theesfeld’s lawyer say this before:

“Is he competent to stand trial? Is he competent to assist his counsel in the defense of his case? And then sanity at the time of the alleged offense,” Farese said of the questions he hopes the evaluation can answer.

He also tells 5 On Your Side, while it’s too early to say for sure, he does expect to ask for a change of venue should the case go to trial.

This could be the defense for the man accused of killing Ole Miss student Ally Kostial

@MelodyLane -- Thanks for update from BT's counsel, and welcome on board!

We can see the progression of their strategy by following defense comments to date.

Just days before bond hearing (withdrawn and psych eval requested), defense counsel had this to say about BT:

Aug 19, 2019

“He’s tried to remain upbeat. He certainly understands what’s going on. He’s been very candid with us about what’s going on, and the facts of the case, and what occurred on the day in question. It’s a very trying situation for him. I think overwhelming at times but he’s trying to maintain a positive attitude," Tony Farese said.

Suspect charged in Ole Miss student’s death to have bond hearing on Thursday

July 27, 2019 video comments by BT attorney:

Brandon Theesfeld lays out days leading up to murder of Ole Miss student to attorneys

Aug 22, 2019 video comments by BT attorney:

Brandon Theesfeld's attorney Tony Farese

 

[borndem]

------------------------------------------------------
Welcome to Websleuths,
MelodyLane !!
-------------------------------------------------------​

From the article in
This could be the defense for the man accused of killing Ole Miss student Ally Kostial
Thanks to @MelodyLane -
===============================
“Is he competent to stand trial? Is he competent to assist his counsel in the defense of his case? And then sanity at the time of the alleged offense,” Farese said of the questions he hopes the evaluation can answer.

He also tells 5 On Your Side, while it’s too early to say for sure, he does expect to ask for a change of venue should the case go to trial.

“All we want are 12 independent minds who were unbiased or have not heard anything about the case, who were going to be fair in evaluating the evidence,” said Farese.
===============================
bbm
"should the case go to trial"
Now WTH does that mean?
Dealing it down?
or
He's crazy, he shouldn't be in prison, he should be in a hospital so he can get well?
Grrrr.
Either of these would pizz me off, but neither of these would surprise me.

 

[Momof4RN]

------------------------------------------------------
Welcome to Websleuths,
MelodyLane !!
-------------------------------------------------------​

From the article in
This could be the defense for the man accused of killing Ole Miss student Ally Kostial
Thanks to @MelodyLane -
===============================
“Is he competent to stand trial? Is he competent to assist his counsel in the defense of his case? And then sanity at the time of the alleged offense,” Farese said of the questions he hopes the evaluation can answer.

He also tells 5 On Your Side, while it’s too early to say for sure, he does expect to ask for a change of venue should the case go to trial.

“All we want are 12 independent minds who were unbiased or have not heard anything about the case, who were going to be fair in evaluating the evidence,” said Farese.
===============================
bbm
"should the case go to trial"
Now WTH does that mean?
Dealing it down?
or
He's crazy, he shouldn't be in prison, he should be in a hospital so he can get well?
Grrrr.
Either of these would pizz me off, but neither of these would surprise me.

Ugh they have already said he believes in his innocence. Clearly he’s competent enough to understand and state that.
And what is with the question of sanity at the time of the alleged offense? R they saying he didn’t do it but if he did he was insane? Or r they implying he did in fact do it but he was insane. I would think you would have to admit guilt in order to state insanity. Moo

 

[Seattle1]

Ugh they have already said he believes in his innocence. Clearly he’s competent enough to understand and state that.
And what is with the question of sanity at the time of the alleged offense? R they saying he didn’t do it but if he did he was insane? Or r they implying he did in fact do it but he was insane. I would think you would have to admit guilt in order to state insanity. Moo

From the beginning, BT's lawyer said they had no comment about another suspect. His lawyers understand LE isn't looking for anybody else, and BT's defense are certainly not complaining there's a killer lose in the community.

For insanity plea - it's usually presented as "Not Guilty by reason of insanity" (i.e., I likely did it but I was insane).

MS, like most states, uses M’Naghten insanity defense approved by the United States Supreme Court where defendant must prove by clear and convincing evidence that, due to mental illness, they did not know their actions were wrong.

It's very easy for a defendant to claim they were insane, crazy, under the influence, etc. at the time they committed the crime, but the burden to prove a defendant criminally or M'Naghten insane is very high -- and seldom met.

(For example, everybody that ever examined James Holmes [Aurora movie theater shooter] agreed he was insane-- but the court found he was not insane enough (i.e., M'Naghten insane).

By all accounts, BT was not viewed in the days/weeks prior to July 20, 2019 exhibiting criminally insane behavior. To my knowledge, he was not hospitalized, etc. leading up to the murderous act. Criminal insanity doesn't come upon you one morning, and gone the next. I have no fear that his defense could ever meet M'Naghten insanity defense burden required in the MS court.

At best, these skilled attorneys may be trying for mitigating factors to explain why BT fired 8 bullets into Ally, and fled the state. (Fleeing state more evidence he knew his actions wrong). MOO

ETA: Attached at link is a good MS case to reference for insanity defense.
(KEIR D. SANDERS vs State of Mississippi). Documented history of mental illness.

Defendant committed two murders, and jury found defendant not guilty by reason of insanity for one murder, and guilty on the second murder.

Here the Jury did not completely understand M'Naghten, and sent a question to Judge that went answered, hence not guilty verdict. Nonetheless - Sanders was sentenced to prison for life without possibility of parole. (The not guilty for reason of insanity penalty suspended).

https://courts.ms.gov/images/Opinions/CO68102.pdf

 

[MelodyLane]

Thanks for the warm welcome!

I’m a long-time reader of the site but new to commenting. I live about 2 hours from Oxford and have been following the case.

 

[MemPat]

Thanks for the warm welcome!

I’m a long-time reader of the site but new to commenting. I live about 2 hours from Oxford and have been following the case.

Welcome, Melody, and thanks for the new article.

I've been surprised that more wasn't coming out from the Fareses as they aren't usually so quiet.

I think what they're saying makes it clear that LE's evidence is totally stacked against BT.

I'll be stunned if the bloody clothes with AK's DNA and the murder weapon are not locked up tight in an Oxford evidence room.

When an insanity defense is all you've got, things aren't looking good.....Such a difficult case to make when a person does as much before and after the crime that shows he's thinking straight.

Bet we can expect some battling psychiatrists if we even get to court.
Pleading down sounds more likely.

 

[shess23]

Thanks for your post and welcome to WS @shess23 !

We did hear a detective mention that Ally was located around the picnic table, and there were also unconfirmed reports that Ally was "posed" against a tree looking over the water.

It sounds like you've heard the same or similar that's been floating around here from day one.

The Judge sealed the case even before BT's first hearing, so I really don't see us able to confirm any information at the time. Media not probing either.

Thanks again, and hope you stick around. Always good to have local insight.

I'm always happy to give some insight on Oxford, MS! You really get to know a town when you live there for 5 years. Though sometimes, especially recently, people have negative opinions regarding OX, it really is an amazing town. Plus I bartended on The Square for awhile so if anyone has questions about that area of town (Funkys for example) I can try to answer them.

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