Durst Dragnet To Testify At Thursday Hearing: Will Robert Durst’s Legal Augers Succeed Again? LIVE Discussion Tonight at 9PM On THE DANA PRETZER SHOW

Fear him or jeer him- Bob Durst is the Houdini of criminal prosecution thus far.  Sitting in a medical wing  at the Elayn Hunt Correctional Center in St. Gabriel, Louisiana he is awaiting his next “report to scene” call- currently scheduled for this Thursday.   His Texas lawyers Chip Lewis and Dick DeGuerin intend to pull his freedom out of their ten gallon hats- freedom from the charges Durst is facing in Louisiana that is.   If that happens,  Durst has already waived extradition to be transferred to Los Angeles  to face the pending criminal indictment against him in the 2000 murder of his close friend, commiserator and confidant,  Susan Berman.  The State of Louisiana has thirty days to enforce extradition and that shot-clock runs out next week.

DeGuerin Durst

Last week Durst’s  preliminary hearing was continued  at the request of his attorneys when three law enforcement witnesses who are named in a probable cause affidavit failed to comply with a subpoena and appear at the hearing.   Mark Burton,  Supervisor, Magistrate and Municipal Courts of New Orleans at Orleans Parish District Attorney’s Office, repeatedly and by many accounts bawled loudly for the defense to present alternative witnesses to the three contained in the arrest warrant.   Burton asked the court to consider his unauthenticated arrest warrant (legal equivalent of a soiled cocktail napkin for this proceeding)  signed by Trooper Saunders Craine to serve as probable cause of the States charges against Durst.    Burton produced no witnesses of his own and Municipal Judge Harry Cantrell, Jr. was unmoved.  Cantrell continued the hearing until this Thursday.

Sources who wish to remain anonymous as they are not authorized to speak publicly about the case have confirmed to www.blinkoncrime.com that SA Williams,  SA Bender and Sgt Craine have been compelled to appear.   Although Federal prosecutors initially barred the FBI agents from testifying and have subsequently motioned to remove the subpoenas entirely,  it is unclear upon what reasoning Trooper Craine decided to dodge the subpoena considering his name is signed to the affidavit.

Could the United States Attorney’s Office be considering Federal charges against Durst?

All may be leading to the classic audience favorite however- the bait and switch- as Durst is due in court this afternoon on the extradition matter and Teflon Bob’s New Orleans based Attorney Billy Gibbens intends to push for immediate extradition.    It is the defense’s position that the pending charges against Durst resulted from an illegal search conducted before a search warrant was obtained for his hotel room after he was confronted by FBI agents in the lobby.   After Thursday’s melee,  DeGuerin wasted no time and filed his Good Friday  motion for dismissal of the felony firearm and possession of marijuana charges on the grounds that no probable cause has been offered and asks Cantrell to “end these tortuous proceedings.”

“It’s all part of us making an effort to get to California,” DeGuerin told The Times, noting, “I would think the Los Angeles prosecutors would be clamoring to the him out there.” “I think what will develop is that the agents didn’t have probable cause to make an arrest, they didn’t have probable cause to make a search; they made a search before they had a search warrant. “The evidence is not admissible,” he said, adding: “That’s what we hope to establish if we can ever get a witness to take the stand.”- Atty Dick DeGuerin

Assistant DA Mark Burton is feeling the heat to drop the charges and there does seem to be a pretty wide legal majority that agrees with DeGuerin’s motion that there is not a single law on the books that allows Burton to offer as an  authenticated warrant without testimony at a preliminary hearing.

How  one thinks that is going to roll when the Houston search warrant alone specifies that Durst was already under surveillance for months may be Burton’s turn at magic.

Please join me this evening discussing up to date Robert Durst developments as a guest on THE DANA PRETZER SHOW, LIVE Tonight at 9PM

Podcast added here




Blink On Crime 2014 Year In Review With DANA PRETZER

S. Christina Stoy, “Blink” , Editor In Chief of www.blinkoncrime.com and “Red”, owner of www.scaredmonkeys.com discuss the Year’s political and true crime cases on THE DANA PRETZER SHOW with host Dana Pretzer.

CLICK Below to listen to the podcast.

 

Blink On Crime LIVE Guest Appearance On THE DANA PRETZER SHOW

Join S. Christina Stoy, Editor In Chief of www.blinkoncrime.com LIVE Tonight on THE DANA PRETZER SHOW beginning at 9 PM.

 

“Blink” will be discussing case developments in The Holly Bobo murder indictment,  upcoming news in the Jennifer Kesse disappearance and other current cases.

 

Click Here To Listen LIVE

Blink On Crime 2013 TRUE CRIME Year In Review On THE DANA PRETZER SHOW

Live Tonight at 9 PM EST- Join Editor In Chief S. Christina Stoy as Dana Pretzer’s guest on THE DANA PRETZER SHOW where she will be discussing the true crime cases her team has covered in 2013.

Featured Highlights:

The Quadruple Homicide of The McStay Family,  discovered November 11, 2013

The Case of still Missing Portland Child Kyron Horman

The Murder of Megan Sharpton

Also appearing this evening,  Investigative Journalist and Daily Beast Columnist Diane Dimond.

Click The Show Banner to Listen LIVE from 9-10PM EST.

Blink On Crime Kyron Horman Investigation Exclusive: DeDe Spicher Interview Yields Allegations Of Illegal Steroid Use Terri Horman Took To Police

A Blink On Crime Exclusive: DeDe Spicher speaks for the first time about her ordeal in the Kyron Horman investigation- continued  ©

S. Christina Stoy, Editor In Chief- Blink On Crime

DeDe Spicher and Terri Moulton Horman

 

In the first part of blinkoncrime.com’s exclusive interview with DeDe Spicher,  she revealed that after over 3 years of attempting to provide Multnomah County Sheriffs Office as well as Assistant Deputy Attorney Norm Frink with the necessary information they requested to clear her from any suspicion in the circumstances surrounding the disappearance of Skyline second grader Kyron Horman; she has finally been cleared after passing a polygraph as part of her requirement under an immunity deal that has been sealed with the court.  Unofficially cleared, that is.

Spicher and her attorney Chad Stavley,  who have since refused all local media requests,  would very much like the Multnomah County Sheriff’s Office and current District Attorney Rod Underhill to clear her officially and publicly.

Spicher is adamant that law enforcement never had any reason to question her statements to them from the beginning, has cooperated fully for over three years and recently testified before the grand jury to prove she had nothing to hide.  While she would like the public to know that any assertions to the contrary are untrue, and sometimes have been offered maliciously,  her desire to speak out about her experience over the last three years is primarily to force investigative resources to review it’s progress- and hopefully adjust in a way to further leads in Kyron’s case.

As was proven not only by her recent polygraph,  but also by the verification that no evidence ever existed to support investigator’s theory in the first place,  Spicher had no information about anyone’s potential involvement in Kyron’s disappearance, let alone her own.

The continuation of our interview, which provoked some very interesting revelations long felt to be a possibility by many, was confirmed by Ms. Spicher  as she says- told to her by Terri Moulton Horman are prompting new possible theories in the circumstances surrounding the disappearance of Kyron Horman.  Two days after Kyron Horman’s eleventh birthday.

Stoy: So, in your estimation then,  why do you think that detectives Herron and Kravfe were so sure that you were involved or knew who was.

Spicher:  I have thought about this a lot, and I think there were a few reasons.  I think because I was advised through a meeting Terri had with a family friend and attorney that she should assume that all of her communication was being monitored by law enforcement and anyone she had contact with.  He told her to assume the house was bugged as well as vehicles, etc.  I also believe you did an article a while back that pointed out her phone was in Kaine’s name.   As this was a day or two after she was served with the restraining order,  she was also told that

Stoy (interrupting): You bought a prepaid phone after June 28th and never had one before that?  I had read that you or someone else purchased them the day of or the day after Kyron’s disappearance.

Spicher: No.  I purchased one prepaid phone, after Terri shared the info from her meeting, in my own name, either June 29th or 30th.    I think they were hung up on the fact that I came to her aid with no contact for so long so they just were convinced there had to be.

Stoy: ok, sorry, continue.  So you are not saying that LE was suggesting that you were hiding some other number you had and that was how they were alleging that you HAD to have been in contact with Terri or some other person prior to and on June 4th and that escalated your “poi” status in your opinion?

Spicher:  They did not say that to me specifically, but what they repeated over and over again, was that Terri and I had to have had some form of communication we were hiding.  It never made any sense to me because I knew I only had my cell that I had forever until the end of June,  and I knew I had not been in contact with Terri since her 40th birthday party in March.  So I would ask- well then I guess that means that you don’t have any contacts you can’t verify from either of us so why am I even in this “interview”?

To my recollection they never shared with me or answered any of my questions in response when something they kept hounding me about seemed absurd and conflicting with their theory.

Stoy: Which was?

Spicher: At first,  I think that they really believed I was involved,  and at some point I think they were talking more “accessory after the fact” because I got the impression ( although they did not share it with me) that Terri’s cell phone activity that day was nowhere near where I was,  and my vehicle never left, nor did I.  They would not verify that they located the ceramics/glassware artist [pottery artisan] I told you about and still have not.

Stoy: So in your opinion, you were clearly the linchpin of this case,  they [LE] believed you held the key to solving it and/or implicating Terri exclusively at that point, they no longer entertained your involvement per se?

Spicher: I honestly don’t think I could say that I ever believed that they stopped treating me as some sort of suspect.  I never felt that way,  but yes, absolutely they 100% believe that Terri is responsible and I definitely believed we all had to be interviewed and scrutinized or whatever,  but I really thought up until the meeting with Norm Frink that they [LE] would abandon that theory quickly because if they were positive I was the key, and I knew I was not, that would also eliminate Terri, who I did not and do not believe, but have no proof, was involved or knew anything.

Stoy: Right, so if you had nothing, and they felt you were the only nexus, it had to mean that they had no independent evidence of anything or anyone else so they would start in another direction?

Spicher: Right, but every interaction I had with them following and including the request to participate in the sting against her, made me believe they never did.  To get back to the why question you asked me- my final thought on that is that they kept pointing out that I was the person to tell everyone not to speak to them without attorneys in the beginning.    I would ask like who do you mean,  because that would have been my opinion across the board for any situation, but it was definitely based on what was getting out about how they were going about this.  I was scared and it turned out it was good reason.   I also would point out to them that I did not think that was or should be the basis for suspicion because if it was, it seemed to me that I was told that several staff members at Skyline had hired counsel, and Kaine was the FIRST to have one between he and Terri and I had told her at least a week or so before that she should.

Stoy: Why do you think she did not immediately take your friendly advice?  Your Dad was LE, and I presume she knew that.  People can say what they want, but I know many members of law enforcement in different jurisdictions and agencies.  I have worked with them or contributed analysis to cases with them privately [I cannot and would not ever include that in anything I choose to write on] and I can tell you that I do not know one of them that if they were the focus of a criminal probe or internal investigation they absolutely do not agree to an interview without a representative.  In fact,  Herron is or was the President of Mulnomah County Police Union or was, if I recall correctly.  So to that end, I find that a pretty hypocritical reason for suspicion of anyone.

Spicher: (laughs) Interesting.  I am not sure that I knew that. The reason Terri didn’t get an atty before the RO was because she was told by LE that if she did, she wouldn’t be privvy to any of their investigative discoveries, she would be out of the loop in finding Kyron.

Stoy: Have you had a desire or opportunity to review any sort of past events regarding the MCSO, I guess I should add, that involve anyone in this case or investigation you have had contact with?

Spicher: No,  do you mean like any other detectives or that sort of thing?

Stoy: Have you ever met with or been interviewed with any other agencies or detectives?

Spicher:  I believe I either met or just said hello to the guy you mentioned in that recent article of yours while he was at the house.  Both Kaine and Terri were there at the time as well.

Stoy: Bobby O’Donnell?

Spicher: That’s it,  yes, him.  Why did you ask me if I am aware of any sort of events- should I be?

Stoy: Well, I think that tangentially if I were you I would be considering just about everything as it related to what you have been through,  and I am aware of some what I will refer to as “stuff” but what I don’t want to do prior to the completion of our interview process is temper any of your responses with anything I know peripherally if that’s ok with you.  If you wish, once I publish the continuation which will have that sort of information,  I would invite you to comment on it for the record if you choose- are you ok with that?

Spicher: yes, that’s fine and probably a good idea.

Stoy: back briefly to the “sting request against Terri- On that issue- the request they extended to you outside the presence of your attorney and that they asked you not to tell Chad, as you think back ,  considering you have had no communication with Horman for over three years did you believe they thought it would work?  What did your attorney say when you told him?

Spicher: I can’t and won’t address any conversations I have had with my attorney,  but to answer your question as to my opinion,  I really don’t know for sure, I knew that I did not, and thought it was really, really odd- that was my first reaction.  After more thought,  and other conversations,  I don’t see how they thought it would work, or why they were still seemingly convinced after I had just passed the poly, etc, Terri was still their suspect and responsible.   What is your opinion on it?

Stoy:  I think I may reserve my thoughts on that for my piece.  Again, not wanting to temper your opinions  as we move along here and I think that could happen if I did.  Is that ok with you?

Spicher: Sure, thank you.

Stoy: I would like to move on to another subject for discussion.  I would just like to confirm for the record that I have never prior to this interview, asked you any questions about your potential knowledge of steroid use by yourself, or by Terri or Kaine Horman.  Is that correct? (more…)

Jodi Arias Trial Rebuttal Winds Down: Fog, Fugue, Freed or Fraud- Are The Sex Pics From Months Before Travis Alexander’s Murder? Do They Show Arias Broke In?

Special Appearance Announcement: S. Christina Stoy, Editor In Chief,  www.blinkoncrime.com,  investigative journalist and criminal analyst will be a guest on this evenings THE DANA PRETZER SHOW- Host Dana Pretzer, discussing the Arias case LIVE.  Click Here To Listen To The Podcast

  ...” Why does most human violence occur between those who are emotionally involved, or more technically, within an attachment paradigm?

Dr. J. Reid Meloy from Violent Attachments

bullet casing grey thing

Phoenix,  AZ- Arguably the best psychological witness presented at trial, Dr. Janeen DeMarte, clinical psychologist, took the stand last week as the first witness in the State of Arizona’s rebuttal case in the trial of Jodi Arias for the murder of Travis Alexander.

In stark contrast to her previous behavior in court, Jodi Arias refused to look at Dr. DeMarte on the stand, and feverishly took notes or whispered to her attorney Jennifer Wilmott through the State’s direct examination of their witness.

With one exception.  When Dr. DeMarte was asked by Prosecutor Juan Martinez if Jodi Arias was a victim of domestic violence resulting in battered woman syndrome,  Ms. Arias looked up for DeMarte’s answer.  “No.”

After a battery of psychological tests were completed and scored, and approximately  12 hours of clinical interview with defendant Arias- Dr. DeMarte diagnosed Jodi Arias with Borderline Personality Disorder.  Dr. DeMarte had the added luxury of having her home vandalized and her laptop stolen following the start of the trial.  That information was not shared in open court.

Significant from a psychological evaluation perspective, Jodi Arias’ expert witnesses Alyce LaViolette and Dr. Samuels felt Arias was suffering from post-traumatic stress disorder (PTSD) as a result of the killing of Travis Alexander on June 4, 2008 at his home in Mesa, Arizona.  Only Samuels was licensed to test Arias similarly to DeMarte, and it appears the results were very different.   Samuels testified that he never re-tested Arias after he learned her accounts of June 4 were fabrications and that was an error on his part in his finding Arias suffered from PTSD.

Cross examination of Dr. DeMarte induced a migraine headache suffered by Arias (her 3rd since trial) although she is taking Imitrex for the condition.   Earlier in the day, Wilmott began her cross by repeatedly stating that DeMarte was practicing therapy without a license prior to her licensing exam, to which DeMarte responded “That is not correct, it is permitted under the supervision of a licensed psychologist, which I was.”

Wilmott went on to question DeMarte’s credentials specifically related to expertise in domestic violence and her current knowledge of the practices of Dr. Lenore Walker- largely considered the pioneer of domestic violence research and testing.  Walker’s work is novel within the psychological community in the area of the battered woman syndrome diagnosis.

Wilmott unsuccessfully tried to trip up DeMarte by suggesting that Walker no longer uses her own 6 point scale to include the possibility of battered woman syndrome to which DeMarte replied, “I would say that you are being inaccurate.”

DeMarte completed her testimony with very limited juror questions, although it was clear that a juror or two was not sold that Arias’ only disorder is BPD.

While DeMarte represented the State well in my opinion; Jodi Arias remains the round peg in the jello rhomboid to me.  Too many unanswered behavioral observations from a criminal profiling perspective to fit into the BPD mold.

Prior to the start of the State’s rebuttal case, defense counsel Kirk Nurmi recalled a witness for the defense who never made it into the witness list for trial, Mr. Bryan Neumiester.

In previous hearings where Neumiester appeared as an expert for the defense in the authentication of the May 10, 2008 phone sex recording made by Arias, the State agreed to a stipulation that it was indeed Travis Alexander’s voice on the tape, and that it was made on May 10.

In earlier testimony Juan Martinez elicited from Jodi Arias, Martinez accused her of recording the tape without Alexander’s permission or knowledge.  Arias was forced to admit that at no time is the fact that the conversation is being recorded heard mentioned by either party during the recording.  More on that recording in a bit.

Neumiester was able to magnify the very haunting last image of a live Travis Alexander’s face in the shower, specifically his iris, and gain agreement via stipulation that the reflective image contained therein is that of Jodi Arias.  She was not holding a gun or knife and the image was time-stamped correctly.

This was the second time Juan Martinez agreed to a stipulation from the same expert witness regarding the recorded media, both digital and audio in this case- outside the presence of the jury.

Mr. Neumiester is an expert witness for colleagues in Mr. Martinez’s own office as well as the Mesa Police Department.  Might suggest offsite meetings going forward.

The final witness listed for the State’s rebuttal case is an investigator for the Mesa County Police who specializes in computer forensics, Detective Robert Brown.    Detective Brown describes himself as a Computer Forensics Detective:

As a Digital Forensics expert, I possess attention to detail in my forensic capability, as well as the ability to explain complex technical concepts in a non-technical manner.

In the course of my regular duties, I also perform the following:

-Support ongoing internal investigations and litigation matters
-Utilize a variety of forensic tools (Encase, FTK, Helix, Cellebrite, Wireshark, etc.)
-Perform storage forensics (for example, hard drives, phones, USB storage)
-Perform network captures for traffic analysis
-File-system analysis and file carving (for example, to extract email, documents, and other trace evidence)
-Identifying , collection and analyzing electronic information, relevant to a case, incident or event of interest
-Establish timelines and patterns of activity of individuals and electronic devices and software
-Following forensically sound practices, including preserving chain of custody
-Efficiently and effectively report progress, risks and issues associated with assignments to varying levels of management

 

Following sound practices including preservation of chain of custody is looking like a welcome addition to this case.

In testimony from Detective Michael Melendez where the images allegedly taken by Travis’s camera were recovered from the deleted or unallocated portions of the memory stick via Encase software we learned that the infamous afternoon of highly graphic sex images of both Travis and Jodi that were dated and time-stamped on June 4th took place that afternoon prior to Travis’s murder.

Thus, making Jodi Arias an invited guest.

As an invited guest spending the day indelicato delicto, it certainly makes it difficult to prove the felony murder charge she is facing- and does not help the pre-meditation or murder in the first degree allegation because the basic motive is that Jodi went there to murder Travis because he was not going to take her to Cancun.   While certainly a possibility, I would offer that just about every psychological professional who sat across from Arias missed the fact that she literally saw her old boyfriends more than once along her trek that ended up with her last breakup.  Weird, yes.

Otherwise known as a raging sign of dependent personality disorder.

…” You are the worst thing that has ever happened to me…”

-Travis Alexander

 According to the text messages back and forth between Jodi and Travis the weeks prior to his murder, it was patently clear that Alexander wanted Arias out of his life for good.

Has what the state since learned after having Jodi on the stand under oath and repeated in cross examination opened the door to further investigation of the electronic media in this case in preparation for rebuttal?  Looks that way.

Keeping in mind that the phone sex recording was May 10th.  About a week later, Arias testified, she thought the phone was stolen.  She alleges it was found by her Aunt in 2010 in her grandfather’s car.  This would be the same aunt that she pointed out in court, and who has not been seen in court in weeks although she had attended daily.

Arias writes in her journal entry May 22, 2008 that there are several explicit photos on her stolen phone, and 2 recorded sex tapes.   In 2010, Arias though her attorneys, deliver this phone into evidence with no chain of custody information in a then 2 year old case.   Miraculously, this occurs just as Arias is moving from the “maybe not the ninja’s” defense.  From the defense perspective it has some statements from Alexander on it that they feel support’s their defense.  From the State’s perspective it proves that Arias was certainly very open to the sexual practices of the couple and never felt abused, nor was she put off by the comments by Alexander.

A win-win for both sides so why not agree to its stipulation, right?

Is this why Juan Martinez was hammering home the journal entry written about the “fruitful imaginations” the two explored, causing Arias to miss Lonnie’s christening?

The infamous sugar fest that takes place just before Arias allegedly walks in on Alexander in masturbatory behavior where some image of a boy lands at her feet on January 21st?  I note that one of the pictures allegedly from the June 4th date seems to show Alexander engaged in some self-satisfaction that ended with a surprise photo taken from the point of view of the chair next to him.

You’ll see where I am going with this momentarily. (more…)

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