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

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If I do this correctly, this should share a link to a reporter's Twitter thread with images of the motion:

Interesting. In the motion she does not explicitly ask for an attorney (at least in the part of the transcript cited by the defense). She’s asking whether she needs one. I believe there is case law the state can use to respond on that issue.

Also, if she was not Mirandized, any statements or evidence derived from those statements
may be ruled inadmissible (fruit of the poisonous tree).

Can’t wait to read the State’s response and watch the full interrogation video!
 
I don’t understand. Who wants to withhdraw? What does this mean?
I can’t tell. But it means an attorney of record wants to withdraw as counsel. There can be many reasons for this, such as a disagreement on strategy, ethical (i.e., conflicts), or the attorney is no longer associated with a firm or the government.
 
I don’t understand. Who wants to withhdraw? What does this mean?
Reportedly, KA was represented by two attorneys:

Armstrong is being represented by the Austin area attorneys Rick Cofer and Naomi Howard. In a statement, Cofer’s office said it would not be commenting on the case and asked for “respect for the privacy of Kaitlin’s family.”

According to the ROA linked by @Mrspratcher, one has submitted a request to the court to withdraw as counsel.

 
[…]

Strickland, 35, also reportedly told officers that he ‘shouldn’t have bought that gun’, during his first interview with Texas detectives.

He later claimed in his second interview that he made the comment because it meant it ‘complicated the inquiry immensely’.

Strickland, also a pro-cyclist, also told cops ‘*advertiser censored** you guys for manipulating me. Someone's grieving but that's not relevant.’

[…]

 
Wondering if CS will be a witness for the defense or maybe a hostile witness for the prosecution.

When asked by officers if Armstrong was jealous of their relationship, Strickland said: ‘She is one of the least volatile women I have dated in terms of emotion over up -- upwelling of, like, anger and jealous and emotion.’

He also claimed that during their break Kaitlin had been dating men on Bumble, and they were sleeping in separate rooms.

Strickland said: ‘If there were any f *** ing signs, I would have extricated myself from a relationship and gotten a lot of space and a restraining order or something.

‘If I thought she was physically capable of hurting another human, I would have extricated myself immediately from that situation, not only for my -- not so much for my own personal safety but my concern for another human.’


 
[…]

Strickland, 35, also reportedly told officers that he ‘shouldn’t have bought that gun’, during his first interview with Texas detectives.

He later claimed in his second interview that he made the comment because it meant it ‘complicated the inquiry immensely’.

Strickland, also a pro-cyclist, also told cops ‘*advertiser censored** you guys for manipulating me. Someone's grieving but that's not relevant.’

[…]

Of note:
They also claim that a witness that was relied upon by officers was under the influence of drugs and alcohol, who also admitted he may have ‘imagined’ seeing a cyclist flee the scene.

And:
He also claimed that during their break Kaitlin had been dating men on Bumble, and they were sleeping in separate rooms.

I haven't seen the info above in any other news reports.

Is CC's landlord the witness they are referring to? Could be very hard to prove/impeach his testimony even with a reliable witness to his condition that day.

Two weeks of living in separate rooms & meeting men on Bumble? Sure, yeah, what a breakup! "Hey guys, I haven't gotten a place of my own yet, but the crazy dude I am living with is history!" Stretching credulity a bit too far IMO. Sounds more like KA found out CS was cheating but she wasn't really ready to move on. YMMV

And a side note: I've said it before but if there is no police report about the vandalism, it did not happen. Throwing accusations at the wall hoping something sticks is not a good defense. FACTS that can be verified are required IMO. And still may not be admissible evidence in this trial.

JMO
 
Of note:
They also claim that a witness that was relied upon by officers was under the influence of drugs and alcohol, who also admitted he may have ‘imagined’ seeing a cyclist flee the scene.

And:
He also claimed that during their break Kaitlin had been dating men on Bumble, and they were sleeping in separate rooms.

I haven't seen the info above in any other news reports.

Is CC's landlord the witness they are referring to? Could be very hard to prove/impeach his testimony even with a reliable witness to his condition that day.

Two weeks of living in separate rooms & meeting men on Bumble? Sure, yeah, what a breakup! "Hey guys, I haven't gotten a place of my own yet, but the crazy dude I am living with is history!" Stretching credulity a bit too far IMO. Sounds more like KA found out CS was cheating but she wasn't really ready to move on. YMMV

And a side note: I've said it before but if there is no police report about the vandalism, it did not happen. Throwing accusations at the wall hoping something sticks is not a good defense. FACTS that can be verified are required IMO. And still may not be admissible evidence in this trial.

JMO
I don’t think so. IIRC landlord said he heard what sounded like someone speeding away on a bike.

Updated typo.
 
I don’t think so. IIRC landlord said he heard what sounded like someone speeding away on a bike.

Updated typo.

That's what he told the media, which is different than what the affidavit said, which says he observed a bicycle travel southbound. I do hope it's cleared up why the affidavit makes it out like he was an eyewitness while subsequently he's expressly said he didn't actually see a bicycle leave but just thought that was what he heard (actually he said in the interview that he 'sensed' a bicycle).
 
I think we need a bit more info here. If she was handcuffed then she should have been Mirandized. We need all the facts to determine whether she in fact should have been Mirandized.

She initially wasn't free to leave as the affidavit alludes to her being 'apprehended' for the Botox warrant. At some point during her interrogation LE determined the warrant wasn't valid so she was free to leave.
 
She initially wasn't free to leave as the affidavit alludes to her being 'apprehended' for the Botox warrant. At some point during her interrogation LE determined the warrant wasn't valid so she was free to leave.
If there had been no Botox warrant, there would have been no pretext to bring her in. That could prove problematic if at that point the questioning about the murder proceeded without a proper Miranda warning. I don't think handcuffs have anything to do with it either.

If they had no valid legal reason other than pretext, APD could find themselves having violated her rights.

I'm perplexed that they were so eager to question her that they MAY have ignored proper procedure. Surely not.

IANAL but LE sloppiness is never a nemesis you want to fight in court. Even if she's guilty, there is no excuse for not following the law.

Let's see how it plays out. Probably a lot of smoke & mirrors by the defense. Gotta earn their keep!

JMO
 
That's what he told the media, which is different than what the affidavit said, which says he observed a bicycle travel southbound. I do hope it's cleared up why the affidavit makes it out like he was an eyewitness while subsequently he's expressly said he didn't actually see a bicycle leave but just thought that was what he heard (actually he said in the interview that he 'sensed' a bicycle).
Yes, agreed! Also, what he thought he heard, per the AA, was someone running down the stairs from CC’s apartment.
 
She initially wasn't free to leave as the affidavit alludes to her being 'apprehended' for the Botox warrant. At some point during her interrogation LE determined the warrant wasn't valid so she was free to leave.
Yes, and per the AA, she was told she could leave and the door was open. Presumably, any statements prior to this time may be inadmissible if she was not Mirandized. Would love to see the full interrogation transcript or video.
 
If there had been no Botox warrant, there would have been no pretext to bring her in. That could prove problematic if at that point the questioning about the murder proceeded without a proper Miranda warning. I don't think handcuffs have anything to do with it either.

If they had no valid legal reason other than pretext, APD could find themselves having violated her rights.

I'm perplexed that they were so eager to question her that they MAY have ignored proper procedure. Surely not.

IANAL but LE sloppiness is never a nemesis you want to fight in court. Even if she's guilty, there is no excuse for not following the law.

Let's see how it plays out. Probably a lot of smoke & mirrors by the defense. Gotta earn their keep!

JMO
If there had been no Botox warrant, APD could have asked her to come to the station and she could have done so voluntarily (like CS did).
 
Yes, agreed! Also, what he thought he heard, per the AA, was someone running down the stairs from CC’s apartment.
Also I felt like the landlord (if this is the witness they are referring to) was not exactly a linchpin of the identification of KA as a suspect. As you say he thought he heard someone on the stairs and then a bike going in a certain direction. Not a description of that someone.
 
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From Boyfriend of yoga teacher Kaitlin Armstrong says he REGRETS buying gun

During his interview he also admitted to dating Wilson in October, during which time he claims that he and Armstrong were on a break but still living together.

Wilson reportedly told Strickland that Armstrong had called her at some point in that period saying that she ‘I pretty much live at Colin’s house.’
 
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