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

[HoustonGuy]

Looks like a motion for gag order filed yesterday.

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odysseyweb.traviscountytx.gov

I'm not sure...i could see this being the prosecution to try and not let the defense start to put out the message that the police mishandled the case...

Pratcher beat me too it hah

 

[Sundog]

I wonder motion by which side, defense or prosecution? I can’t tell from the link.

I, too, am guessing that it's the prosecution that filed the motion for a gag order.

I hope the judge doesn't approve the motion, as the defense has a right to get their narrative out, especially after all the media communications about this case. Both sides should be given equal opportunity to provide the public with their infomation. Since KA has already been "prosecuted" in the public through media, LE press conferences, etc., the defense should have the same opportunity. It seems a little late now for the prosecution to request a gag order, IMO.

 

[SpanishInquisition]

IMO the issue is whether there was in fact a custodial interrogation - which would require Miranda warnings. It’s almost like Cofer is attempting to push the issue so that everything KA said during the interview is ruled inadmissible. The court will need to delve into whether there was a custodial interrogation - she reportedly wasn’t handcuffed and was told the door was open. The other issue that needs to be addressed is whether APD reasonably believed the warrant was deficient.

This is the Motion to Suppress starting on page 22, which it's claimed she was brought into the interrogation room in handcuffs and also in the documents is the Franks motion, like it shows that the landlord told LE: "actually hard for me to testify in a court of law to that only because like I didn’t see it and it could be my imagination":

Adobe Acrobat

acrobat.adobe.com

There's all sorts of issues brought up, like apparently 2 months later LE found out the timestamps were wrong, like in the affidavit it says the Jeep arrived 1 minute after MW opened the door but in reality that vehicle pulled up 7 minutes later, which to me is significant as KA couldn't have just immediately followed MW inside.

 

[HoustonGuy]

This is the Motion to Suppress starting on page 22, which it's claimed she was brought into the interrogation room in handcuffs and also in the documents is the Franks motion, like it shows that the landlord told LE: "actually hard for me to testify in a court of law to that only because like I didn’t see it and it could be my imagination":

Adobe Acrobat

acrobat.adobe.com

There's all sorts of issues brought up, like apparently 2 months later LE found out the timestamps were wrong, like in the affidavit it says the Jeep arrived 1 minute after MW opened the door but in reality that vehicle pulled up 7 minutes later, which to me is significant as KA couldn't have just immediately followed MW inside.

Reading through that file.... i have absolutely no confidence KA will be found guilty.... how messy

 

[HoustonGuy]

Reading through Colin's second interview now... as much as he's an *advertiser censored** he was quite forthcoming and from everything i can read, reinforces my opinion that the only thing he's guilty of is being a cheater

Edit: Page 340 - you can find Colin describe the "vandalism" on Friday morning

 

[Seattle1]

I don't recall at what point in the interrogation that APD told KA that the door was open. Was this at the start of the interrogation? Or was it after APD realized that the warrant was ineffective due to error of birthdate? I think that would be an important consideration/factor in the issue of reading KA her miranda rights.

^^BBM

It seems the defense is alleging that there was nothing wrong with the birthdate (Nov) on the arrest warrant and therefore the initial arrest (albeit unrelated to Mo's murder) was valid.

But there's something off here and IMO, KA somehow contributed to the confusion of an April or Nov birthdate. (Most of us use our own identification and wouldn't confuse our birth month with that of our sibling). JMO

ETA: Seems to me that the defense REALLY wanted KA to be under arrest and/or believe she was not free to leave. The canceled warrant does make reference to an undisclosed correction. And asking if you need an attorney is not the same as requesting a lawyer.

 

[Nikynoo]

Question - do Miranda rights need to be given at time of arrest? or at time of arrest AND before questioning. If you are then questioned about another crime do you need Miranda rights given again?

 

[Seattle1]

Question - do Miranda rights need to be given at time of arrest? or at time of arrest AND before questioning. If you are then questioned about another crime do you need Miranda rights given again?

The Miranda warning is usually given when a person is arrested, though the Miranda Rights attach during any “custodial interrogation" (when a person is substantially deprived of their freedom and not free to leave) even if the suspect hasn't been formally arrested and are based on the Fifth Amendment right against self-incrimination.

Being Questioned vs. Being Interrogated​

If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial environment.

On the other hand, if you have been arrested, or if you have been detained and do not feel you are free to leave, or you have been given your Miranda rights, you are likely legally in police custody and are therefore being interrogated.

Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present. However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn't been given because Miranda rights only attach to custodial interrogations.

When Must Police Read Me Miranda Rights | LawInfo.com

What are the basics of Miranda rights and when do the police need to read them to you? Understand your rights before you waive them. Find out more at LawInfo.com.

www.lawinfo.com

 

[SpanishInquisition]

Reading through that file.... i have absolutely no confidence KA will be found guilty.... how messy

One of the things I've had a hard time with was the door being unlocked, so I've thought one of the things that could have happened was MW arrived to someone already inside, like having gotten in through a window. Until now it was plausible that KA quickly rushed in before MW had a chance to lock the door by more or less following right behind her, but with a 7 minute difference before the Jeep even showed up that doesn't fly anymore. I'm rather uncertain about the situation now, like I thought perhaps KA was a stalker and she drove up as soon as CS drove away as MW entered the apartment as that would be a logical time to drive up especially when intending murder but now we know that didn't happen as far as her being able to quickly rush inside as soon as MW opened the door...it's possible that KA broke in before MW arrived so that was her leaving after the murder rather than her arriving to kill after CS left, but that's not apparently the theory being presented by the DA AFAIK.

 

[Mrspratcher]

Oh I don't see this as "throw everything at the wall and see what sticks" tactics. These defense actions are pretty targeted and well presented.

Definitely appears that way when RC cites to case law that does not support KA's argument and uses language such as unequivocal to describe what may be considered ambiguous statements/questions. MOO.

Edited for typos.

 

[Seattle1]

Just to be clear, in England, police generally use a less confrontational interview and interrogation method than is used in the United States. The method is called Preparation and Planning, Engage and Explain, Account, Closure and Evaluate (PEACE). Under the PEACE method, investigators allow a suspect to tell his or her story without interruption, before presenting the suspect with any inconsistencies or contradictions between the story and other evidence. Investigators are prohibited from deceiving suspects during an interview (Meissner et al., 11).

However, I don't think anybody here should mistake APD's Det. Spitler's trained method of questioning a witness/POI to get them to tell a story or recall information about an event as being ignorant of the facts! And especially when questioning (CS) while his lawyer was present. MOO

https://www.cga.ct.gov/2014/rpt/2014-R-0071.htm

 

[Nikynoo]

The Miranda warning is usually given when a person is arrested, though the Miranda Rights attach during any “custodial interrogation" (when a person is substantially deprived of their freedom and not free to leave) even if the suspect hasn't been formally arrested and are based on the Fifth Amendment right against self-incrimination.

Being Questioned vs. Being Interrogated​

If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial environment.

On the other hand, if you have been arrested, or if you have been detained and do not feel you are free to leave, or you have been given your Miranda rights, you are likely legally in police custody and are therefore being interrogated.

Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present. However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn't been given because Miranda rights only attach to custodial interrogations.

When Must Police Read Me Miranda Rights | LawInfo.com

What are the basics of Miranda rights and when do the police need to read them to you? Understand your rights before you waive them. Find out more at LawInfo.com.

www.lawinfo.com

Thanks!

 

[Nikynoo]

So, according to CS second interview, he purchased the guns after KA experienced a car rage incident (she was the victim) and he wanted her to have the gun as self defence. KA had never shot a gun before and attended one session at the gun range (as fas as he was aware). CS was not able to say whether KA carried the gun with her when she was in the car.

So, CS says both guns kept in safe and he has never seen KA with them, never seen them in the car. Hmmm.

and finally , I have never seen someone use so many words to say so little.

 

[Seattle1]

So, according to CS second interview, he purchased the guns after KA experienced a car rage incident (she was the victim) and he wanted her to have the gun as self defence. KA had never shot a gun before and attended one session at the gun range (as fas as he was aware). CS was not able to say whether KA carried the gun with her when she was in the car.

So, CS says both guns kept in safe and he has never seen KA with them, never seen them in the car. Hmmm.

^^BBM

Actually, there are big portions of the transcript redacted here regarding the initial gun purchases (and later returning one gun in exchange for another gun), etc. IMO, if CS's reason for buying the guns was for KA's self-defense, it would not be necessary to purchase three guns total.

From the fractured transcript, I'm under the impression that it was Det. Spitler that first introduced road rage, and CS offered an incident where KA experienced road rage that left her shaking. Here, CS furthered the idea of a female going backpacking and having a weapon.

I believe in the second interview, CS was also trying to explain in the presence of his attorney why and in what context he stated in the first interview that he should have never purchased the guns.

Also, I found this couple is so disconnected that CS would have no idea whether or not KA was a gun enthusiast or not! (We know from SM that KA was photographed with a weapon long before her relationship with CS). And CS clearly believes a very outdated stereotype (as perhaps his grandfather's era) based on whether or not you like the color pink! JMO

 

[Mariposa]

^^BBM

It seems the defense is alleging that there was nothing wrong with the birthdate (Nov) on the arrest warrant and therefore the initial arrest (albeit unrelated to Mo's murder) was valid.

But there's something off here and IMO, KA somehow contributed to the confusion of an April or Nov birthdate. (Most of us use our own identification and wouldn't confuse our birth month with that of our sibling). JMO

ETA: Seems to me that the defense REALLY wanted KA to be under arrest and/or believe she was not free to leave. The canceled warrant does make reference to an undisclosed correction. And asking if you need an attorney is not the same as requesting a lawyer.

Hmm, I have not seen anything to suggest that KA contributed to the police confusion over her birthdate? All that I have seen is that it was APDs mistake that they had the wrong birthdate down somewhere for her and must have failed to verify it against her drivers license etc.

For instance:
“In a press conference Wednesday, police officials said that their “report management system” showed Armstrong to have a birth date in April that did not match the date of birth on an unrelated misdemeanor warrant that police used to bring her in for questioning.”

Date of birth discrepancy prevents earlier arrest of Kaitlin Armstrong in Moriah Wilson murder case

The Austin police reveal that Armstrong was let go because the date of birth on an old arrest warrant did not match her date of birth in their system.

www.velonews.com

 

[WingsOverTX]

Hmm, I have not seen anything to suggest that KA contributed to the police confusion over her birthdate? All that I have seen is that it was APDs mistake that they had the wrong birthdate down somewhere for her and must have failed to verify it against her drivers license etc.

For instance:
“In a press conference Wednesday, police officials said that their “report management system” showed Armstrong to have a birth date in April that did not match the date of birth on an unrelated misdemeanor warrant that police used to bring her in for questioning.”

Date of birth discrepancy prevents earlier arrest of Kaitlin Armstrong in Moriah Wilson murder case

The Austin police reveal that Armstrong was let go because the date of birth on an old arrest warrant did not match her date of birth in their system.

www.velonews.com

And to further muddy the waters, I believe someone upthread stated the birth date in the RMS was her sister's.

See image of CA's passport here: 'Killer' Texas yoga teacher used sister's passport to flee US for Costa Rica - WSTPost

Hmmmm.....

 

[SMK777]

And to further muddy the waters, I believe someone upthread stated the birth date in the RMS was her sister's.

See image of CA's passport here: 'Killer' Texas yoga teacher used sister's passport to flee US for Costa Rica - WSTPost

Hmmmm.....

Are they in fact the same? CA’s birthdate and the “error”?
It would mean KA deliberately gave the wrong date; there was no error.

 

[WingsOverTX]

Are they in fact the same? CA’s birthdate and the “error”?
It would mean KA deliberately gave the wrong date; there was no error.

And yet the warrant itself was accurate. So that whole Botox spa mixup/release due to non-match is strange & unexplained to this day. I think issuance of a warrant also strange over $650. There are many better ways to pursue a debt. Why did the spa go this route when they knew the likelihood of it "curing" the debt was extremely low. APD doesn't have officers who are going to chase down low ball warrants for spa services. It was always going to be a traffic infraction or somesuch that opened an opportunity to arrest her. But then KA became a murder suspect.
JMO

 

[Hoosgirl]

Well, that was a fascinating read.

Sounds like the officer meant to read her rights, got interrupted by the date issue, and then either forgot or thought it was no longer needed based on the mistaken belief that the spa theft warrant was not valid. What a mess.

Colin certainly tried to portray Kaitlin as a wonderful, sweet person with a lot going for her professionally. But also somewhat denigrates her belief in astrology (I think he thinks she a bit on the "woo" side) and slips in a comment about not liking how she dressed (what?) capped off by being "disappointed" in her lack of mechanical skills. I certainly wouldn't want him as my partner, but nonetheless, I still find KA such an enigma. I hope we learn more about who she really is as a person and what could bring her to the point of murdering someone.

 

[Sundog]

So, according to CS second interview, he purchased the guns after KA experienced a car rage incident (she was the victim) and he wanted her to have the gun as self defence. KA had never shot a gun before and attended one session at the gun range (as fas as he was aware). CS was not able to say whether KA carried the gun with her when she was in the car.

So, CS says both guns kept in safe and he has never seen KA with them, never seen them in the car. Hmmm.

and finally , I have never seen someone use so many words to say so little.

You would think if the reason that CS bought the gun for KA was because of a road rage incident, that she would keep the gun in her car. Otherwise, it doesn't make sense. Buy a gun due to road rage and needing protection in case this would happen again, and yet leave the gun in a safe at home.

I wonder if the fact that KA may have kept the gun in her car due to past episode of road rage, if this would be an argument by the defense against pre-meditation and could be used in the penalty phase if needed related to crime of sudden passion. If the gun was already in the car, and KA saw CS and MW riding together on the motorcycle and she received those lying texts, then perhaps it could be argued that she went to the apartment to confront them and in the heat of the moment, grabbed her gun out of the glove compartment. Anyway, more muddying of the waters here with CS's testimony.