TX - Moriah Wilson, 25, Cyclist Fatally Shot Before Race, Austin, 2022 *arrest* #5

[Sundog]

Interesting, and welcome! Blood alcohol might be standard, but a CT scan? Of the face perhaps, to look for recent surgeries?

I don't think the CT scan would be in order to look for recent surgeries. I am pretty sure that would violate the human rights of prisoners in most countries, i.e. putting them through medical procedures to look for something they want in order to prosecute a person, or for any other reason. I supsect that KA actually had a medical reason for having the CT scan or at least her physicians/medical personnel deemed it to be the case.

 

[RickshawFan]

I don't think the CT scan would be in order to look for recent surgeries. I am pretty sure that would violate the human rights of prisoners in most countries, i.e. putting them through medical procedures to look for something they want in order to prosecute a person, or for any other reason. I supsect that KA actually had a medical reason for having the CT scan or at least her physicians/medical personnel deemed it to be the case.

It may have been to certify to CR what condition KA was in when she arrived stateside. They'd have wanted a record that she hadn't been assaulted or anything like that in CR care.

 

[steeltowngirl]

I’m considering that the push for a speedy trial is a Hail Mary pass by defense. There could be so much evidence that a Guilty verdict is a slam-dunk, absent the case being tossed due to a technicality.

jmo

 

[Countem]

I don't think the CT scan would be in order to look for recent surgeries. I am pretty sure that would violate the human rights of prisoners in most countries, i.e. putting them through medical procedures to look for something they want in order to prosecute a person, or for any other reason. I supsect that KA actually had a medical reason for having the CT scan or at least her physicians/medical personnel deemed it to be the case.

Didn’t KA originally blame her facial “injuries” on a surfing accident? Perhaps they performed the CT scan to ensure that, if the injuries were the result of a surfing accident, she did not have any brain damage? I recall a witness at the resort saying such a surfing accident (involving an injured face) could result in severe damage.

 

[Megnut]

Might she have had -- or complained of having -- complications from overseas cosmetic surgery?

JMO

 

[RickshawFan]

Didn’t KA originally blame her facial “injuries” on a surfing accident? Perhaps they performed the CT scan to ensure that, if the injuries were the result of a surfing accident, she did not have any brain damage? I recall a witness at the resort saying such a surfing accident (involving an injured face) could result in severe damage.

Maybe they did the scan so defense can't later claim that CR LE smashed her in the face. IMO a lot of this stuff was done to make sure the record was squeaky clean in the handoff between CR and US. Don't forget, this is an international jurisdiction handoff, not a local thing, and involving much diplomacy and negotiation.

 

[Seattle1]

Maybe they did the scan so defense can't later claim that CR LE smashed her in the face. IMO a lot of this stuff was done to make sure the record was squeaky clean in the handoff between CR and US. Don't forget, this is an international jurisdiction handoff, not a local thing, and involving much diplomacy and negotiation.

Is this still OP's opinion that CR is reliant on the US to "certify" the condition KA arrived in the US?

Yes, let's not forget KA was a fugitive of justice who when captured, had physically changed her features, primarily her nose and lips, by the naked eye.

No, I don't think USA is acting to certify anything for CR's record but to preserve medical evidence for trial that the defendant took action to alter her appearance for the purpose to deceive and avoid capture.

I don't think we need to worry that CR is incapable of completing their own exit due diligence, in their country, by their own medical professionals to satisfy (or later corroborate) their own legal concerns about the health and welfare of the deported or extradited before handing them over to the US Marshal, including Ms. Armstrong. MOO

ETA: add link

9-15.000 - International Extradition And Related Matters

www.justice.gov

 

[Sundog]

No, I don't think USA is acting to certify anything for CR's record but to preserve medical evidence for trial that the defendant took action to alter her appearance for the purpose to deceive and avoid capture.

I don't think we need to worry that CR is incapable of completing their own exit due diligence, in their country, by their own medical professionals to satisfy (or later corroborate) their own legal concerns about the health and welfare of the deported or extradited before handing them over to the US Marshal, including Ms. Armstrong. MOO

ETA: add link

9-15.000 - International Extradition And Related Matters

www.justice.gov

I assume that some of the medical tests were pro forma for any individual taken into custody, such as blood tests, etc. However, a CT scan doesn't sound like a routine test for new inmates. So as I noted above, I think there was a medical reason for the hospital to perform a CT scan, not a prosecutorial reason related to evidence for trial, which is a later development, i.e. the prosecution wanting to see the medical records as they think it will help their case. I doubt that a person taken into custody for a crime would consent to unnecessary medical tests and doubt that a hospital would perform a CT scan unless it was medically necessary. I think KA had symptoms that led to the medical decision to do a CT scan.

 

[Seattle1]

I assume that some of the medical tests were pro forma for any individual taken into custody, such as blood tests, etc. However, a CT scan doesn't sound like a routine test for new inmates. So as I noted above, I think there was a medical reason for the hospital to perform a CT scan, not a prosecutorial reason related to evidence for trial, which is a later development, i.e. the prosecution wanting to see the medical records as they think it will help their case. I doubt that a person taken into custody for a crime would consent to unnecessary medical tests and doubt that a hospital would perform a CT scan unless it was medically necessary. I think KA had symptoms that led to the medical decision to do a CT scan.

^^BBM and agree with OP!

I have no idea how the linked MSN reporting about the Travis County DA's office filing an application for subpoena duces tecum evolved into this discussion of whether or not the State of Texas ordered the defendant to undergo certain medical tests including a CT Scan!

Referencing both the Travis County ROA and the linked article, it's very clear that the DA's office became aware that on or about July 2, 2022, while in the custody of Harris County authorities, KA visited St Joseph Medical Center in Houston, TX, and the DA's office made application for a subpoena for the medical records to the court for signature by the Judge, and execution by the hospital's custodian of records for all KA's medical records from July 2. (If a subpoena is signed by the Judge, it's a court order).

Generally, the subpoena's response date provides adequate time for the defense to obtain a protective order to prevent the hospital from complying with the Court's request to produce the documents. As of this date, there's no record in the ROA that the defense took any action to quash the subpoena.

To be clear, there's no evidence the US or any Texas State authority ordered the defendant to undergo any medical exams, tests, or scans.

I trust it's now clear that the DA's office issued an application for subpoena duces tecum for copies of any and all medical records for the visit on July 2, (INCLUDING........), where a CT was only an example of what might be included in the hospital medical records for July 2, and not that a CT is certain or even applicable.

In my experience, the medical record verbiage often includes a request for the autopsy, yet it's very seldom applicable!

From the public Travis County Criminal Information site, please also find a link to a standard subpoena application, typically executed by the court for this purpose.

More important, take note that the linked MSM properly cited examples of medical records that may or may not be applicable here, including CT, by enclosing the request inside parentheses. MOO

Travis County Odyssey Portal

odysseyweb.traviscountytx.gov

https://www.traviscountytx.gov/images/district_clerk/Docs/CriminalSubpoena_DuesTecum.pdf

Yoga Murder Suspect Pleads Not Guilty, as Defense Casts Doubt on Boyfriend

Plus, D.A. requesting her medical records

www.austinchronicle.com

7/29/22

On the state's side, the District Attorney's Office has stayed fairly quiet, but an application for subpoena obtained by the Chronicle showed the state is looking into

Armstrong's hospital records (including emergency room records, EMS reports, blood tests, CT scans, and blood alcohol content)

from St. Joseph Medical Center in Houston on July 2, three days after Armstrong's arrest in Costa Rica.

 

[RickshawFan]

I assume that some of the medical tests were pro forma for any individual taken into custody, such as blood tests, etc. However, a CT scan doesn't sound like a routine test for new inmates. So as I noted above, I think there was a medical reason for the hospital to perform a CT scan, not a prosecutorial reason related to evidence for trial, which is a later development, i.e. the prosecution wanting to see the medical records as they think it will help their case. I doubt that a person taken into custody for a crime would consent to unnecessary medical tests and doubt that a hospital would perform a CT scan unless it was medically necessary. I think KA had symptoms that led to the medical decision to do a CT scan.

Maybe she can’t breathe through her new nose? Those nostrils like awfully small.

 

[Sundog]

^^BBM and agree with OP!

I have no idea how the linked MSN reporting about the Travis County DA's office filing an application for subpoena duces tecum evolved into this discussion of whether or not the State of Texas ordered the defendant to undergo certain medical tests including a CT Scan!

Referencing both the Travis County ROA and the linked article, it's very clear that the DA's office became aware that on or about July 2, 2022, while in the custody of Harris County authorities, KA visited St Joseph Medical Center in Houston, TX, and the DA's office made application for a subpoena for the medical records to the court for signature by the Judge, and execution by the hospital's custodian of records for all KA's medical records from July 2. (If a subpoena is signed by the Judge, it's a court order).

Generally, the subpoena's response date provides adequate time for the defense to obtain a protective order to prevent the hospital from complying with the Court's request to produce the documents. As of this date, there's no record in the ROA that the defense took any action to quash the subpoena.

To be clear, there's no evidence the US or any Texas State authority ordered the defendant to undergo any medical exams, tests, or scans.

I trust it's now clear that the DA's office issued an application for subpoena duces tecum for copies of any and all medical records for the visit on July 2, (INCLUDING........), where a CT was only an example of what might be included in the hospital medical records for July 2, and not that a CT is certain or even applicable.

In my experience, the medical record verbiage often includes a request for the autopsy, yet it's very seldom applicable!

From the public Travis County Criminal Information site, please also find a link to a standard subpoena application, typically executed by the court for this purpose.

More important, take note that the linked MSM properly cited examples of medical records that may or may not be applicable here, including CT, by enclosing the request inside parentheses. MOO

Travis County Odyssey Portal

odysseyweb.traviscountytx.gov

https://www.traviscountytx.gov/images/district_clerk/Docs/CriminalSubpoena_DuesTecum.pdf

Yoga Murder Suspect Pleads Not Guilty, as Defense Casts Doubt on Boyfriend

Plus, D.A. requesting her medical records

www.austinchronicle.com

7/29/22

On the state's side, the District Attorney's Office has stayed fairly quiet, but an application for subpoena obtained by the Chronicle showed the state is looking into

Armstrong's hospital records (including emergency room records, EMS reports, blood tests, CT scans, and blood alcohol content)

from St. Joseph Medical Center in Houston on July 2, three days after Armstrong's arrest in Costa Rica.

I wonder if the judge will review the subpoaened information received from the hospital BEFORE deciding what information to release to the prosecution. From what I understand about the law, this can't just be a fishing expedition by the prosecution, i.e. they can't get all KA's medical records but only those that are related to their case, and they have to provide the judge with an explanation of how specific records would be related to their case. So perhaps that is when we will see the defense raise objections at that time, if they have any objections.

 

[RickshawFan]

Here’s my next idea about why they did a CT scan: she had chronic Montezuma’s revenge. There was an issue when she got picked up (solved by a change in shorts), but it might have continued. Alternatively, there could have been a gynecological problem.
It's possible her blood showed her to be anemic, so they had to look at possibilities. She could also have had a high white cell count.

IMO a lot of this was CYA. However, KA’s inbound flight to Houston made it possible to get all this testing on the down low. It was the weekend, IIRC, Marshals might have had a permanent inmate-safe room in Houston hospital, etc. Austin would have been more of a circus. Maybe they even needed to keep her in a psych ward? At any rate, the facilities and security would have been more robust in Houston, and likely in place already.

Have you ever been in a hospital when they bring in a prisoner? It’s quite involved, and not a happy sight. It’s VERY conspicuous.
They were able to get these tests on KA in a major hospital center without a murmur from the media.

 

[Charlot123]

Interesting, and welcome! Blood alcohol might be standard, but a CT scan? Of the face perhaps, to look for recent surgeries?

She also claimed she had a surfing accident in CR? To rule in/out evidence of such, perhaps?

 

[Sundog]

She also claimed she had a surfing accident in CR? To rule in/out evidence of such, perhaps?

I think they would only have done a CT scan if KA was having symptoms that indicated that a CT scan was in order based on her symptoms or what the physicians observed, and unrelated to evidence. However, after the fact, after the tests were done and the prosecution learned of their nature, it makes sense that they would want to see the results of the tests to see if there might be evidence in the test results that they could use in their case.

 

[RickshawFan]

I think they would only have done a CT scan if KA was having symptoms that indicated that a CT scan was in order based on her symptoms or what the physicians observed, and unrelated to evidence. However, after the fact, after the tests were done and the prosecution learned of their nature, it makes sense that they would want to see the results of the tests to see if there might be evidence in the test results that they could use in their case.

Yes. The tests weren’t for the purposes of her court case. They had to do with her trip, etc.
We actually don’t know what body part the CT scan was for. I’m guessing waist down. But others might be right: to prove the nose job.

 

[Charlot123]

Yes. The tests weren’t for the purposes of her court case. They had to do with her trip, etc.
We actually don’t know what body part the CT scan was for. I’m guessing waist down. But others might be right: to prove the nose job.

Waist down, and caused by her self-reported symptoms, they’d likely do MRI, not CT. Head CT would show well bone structure, so I’d guess, head.

 

[JusCurious]

I’m considering that the push for a speedy trial is a Hail Mary pass by defense. There could be so much evidence that a Guilty verdict is a slam-dunk, absent the case being tossed due to a technicality.

jmo

I totally agree, I think the only defense they have is to make the arrest look rushed and sloppy. The less time they give the prosecution to get all their facts in order, the more likely they are to succeed. But I don't think they will. It's all they have.

 

[Sundog]

I totally agree, I think the only defense they have is to make the arrest look rushed and sloppy. The less time they give the prosecution to get all their facts in order, the more likely they are to succeed. But I don't think they will. It's all they have.

I agree that this is their strategy going in -- to push for an early trial.

For the penalty phase, however, I think they will argue crime of passion.

ETA - If they lose the case, of course, and get to the penalty phase.

 

[hurryhome]

Waist down, and caused by her self-reported symptoms, they’d likely do MRI, not CT. Head CT would show well bone structure, so I’d guess, head.

physician here!

couple clarifications, which I cannot hold in after spending tens of thousands of hours in the library


- No good doctor would ever order an MRI for a "waist-down" thing, unless this was an absolute medical mystery that had been serially investigated with equivocal findings, and even then... MRI is rarely used because of its massive list of cons, though it was quite promising when first introduced. Serial CT scans generally come before MRI, and CT is also not first imaging.

- XRAY and USS = much quicker, cheaper. Always first-line in the ER for any bony or soft tissue abnormalities. CT is NEVER the first imaging anyone would order, for any organ...UNLESS:

- UNLESS: your patient had head trauma (i.e. fell off a horse, motor vehicle accident, surfing accident, facial trauma/surgery...). This is to rule-out a brain bleed, studies show CT is most sensitive early on. Noncontrast CT head is a standard order for every ER patient who says "yes" when we say "did you hit your head when you fell?" (and for those with reduced consciousness/encephalopathy/obvious head bruising or laceration, obvi)

- last point: the "non-maleficence" do no harm principle. Doctor's have the responsibility to protect our patients and their health information, including prisoners. We are bound to deny even a LE request if not medically necessary, because exposure to radiation and contrast is doing harm for no medical reason. This became a huge discussion in WWII when American doctors happened across wounded Nazi soldiers, and when they wanted to treat the injuries, they were told not to treat an injured enemy. What would you do?
- So again, for that reason, no good doctor would order a CT on anyone who did not have a medical indication for one
...but again... anyone who comes in with recent head trauma would get one to rule out a slow subdural hematoma, and police mayyyy be very happy to provide this caring service for her post-surfing accident head injury, considering the CT will also show evidence of any recent bone fracture and stages of healing - time-sensitive imaging information.


sorry for the rant. fun part for me!

and yes, must point out that it has not yet been confirmed this specific imaging was done on KA. blood alcohol test was weird too...not a standard order. A urine drug screen is very standard and wasn't mentioned. hope we get to see what they produce.

 

[Mrspratcher]

Looks like we now have some subpoenas for the US Marshall’s Service, McBride’s Guns, Inc., US Marshall Brandon Filla and US Marshall Emir Perez.

Register of Actions

odysseyweb.traviscountytx.gov