Marin's trial set for Feb. 5

Marin's trial set for Feb. 5

There are 17 comments on the Hawk Eye story from Nov 16, 2006, titled Marin's trial set for Feb. 5. In it, Hawk Eye reports that:

A 19-year-old man arrested in connection with the death of a Columbus Junction teen will stand trial in February.

Join the discussion below, or Read more at Hawk Eye.

from a small town

Cedar Rapids, IA

#1 Jan 22, 2007
Does anyone think the trial is going to be postponed again? I would have to stay I'm wondering why it was postponed in the first place.
Matthew

Chandler, AZ

#2 Jan 22, 2007
from a small town wrote:
Does anyone think the trial is going to be postponed again? I would have to stay I'm wondering why it was postponed in the first place.
The information I read indicated the date for requesting a postponement had passed. If that is correct, the trial should start on Feb. 5th as scheduled.

As far as why they would want a postponement in the first place, oftentimes the attorneys need that time to prepare their case, interview witnesses, etc. In this particular case, I cannot help but think the defense attorneys requested the postponement because the crime was so heinous and there was an enormous amount of media coverage combined with public shock and disdain toward the confessed murderer. I suspect the defense attorneys hope the emotions will wane and the jury will be more sympathetic toward the accused.
Tad

Albuquerque, NM

#3 Jan 23, 2007
from a small town wrote:
Does anyone think the trial is going to be postponed again? I would have to stay I'm wondering why it was postponed in the first place.
It got postponed. It is now scheduled for May 21st.
mzmr

United States

#4 Feb 18, 2007
Matthew wrote:
<quoted text>
The information I read indicated the date for requesting a postponement had passed. If that is correct, the trial should start on Feb. 5th as scheduled.
As far as why they would want a postponement in the first place, oftentimes the attorneys need that time to prepare their case, interview witnesses, etc. In this particular case, I cannot help but think the defense attorneys requested the postponement because the crime was so heinous and there was an enormous amount of media coverage combined with public shock and disdain toward the confessed murderer. I suspect the defense attorneys hope the emotions will wane and the jury will be more sympathetic toward the accused.

Don't you think the defense is going to try for change of venue? Not only that but they will most likely try to get all discussion of his criminal past put off limits. It's the only way they can argue diminished capacity. If you put his pattern of violent and anti-social behavior on the table it's obvious that he routinely acted in a violent, and often potentially deadly, manner.
Matthew

Phoenix, AZ

#5 Feb 18, 2007
mzmr wrote:
<quoted text>
Don't you think the defense is going to try for change of venue? Not only that but they will most likely try to get all discussion of his criminal past put off limits. It's the only way they can argue diminished capacity. If you put his pattern of violent and anti-social behavior on the table it's obvious that he routinely acted in a violent, and often potentially deadly, manner.
I haven't read anything indicating they are going for a change of venue but that is certainly a possibility. What I have read, which I find very disturbing, is that his lawyers want to prevent anything he said prior to his being read his rights from being presented at the trial. That sounds only fair on the surface, but the whole Miranda Rights came as the result of a foreigner's arrest and subsequent confession who didn't understand his rights in this country. Kyle had enough brushes with the law that he clearly knew he had the right to an attorney and to keep his mouth shut. Yet, he drove Molly's car to the jail and confessed he murdered Molly and Katrina. So, why suppress what he said before he was read his rights? My guess is, he gave them motive and details of what happened before and after, which would destroy any insanity or diminished capacity they are hoping to prove.
Matthew

Phoenix, AZ

#6 Feb 18, 2007
mzmr wrote:
<quoted text>
Don't you think the defense is going to try for change of venue? Not only that but they will most likely try to get all discussion of his criminal past put off limits. It's the only way they can argue diminished capacity. If you put his pattern of violent and anti-social behavior on the table it's obvious that he routinely acted in a violent, and often potentially deadly, manner.
Also, because he was on probation when the crimes were committed, doesn't the prosecution have the right to bring up the incident(s) that caused him to be on probation? If not, our judicial system has gone too far to protect the guilty.
mzmr

United States

#7 Feb 18, 2007
Matthew wrote:
<quoted text>
I haven't read anything indicating they are going for a change of venue but that is certainly a possibility. What I have read, which I find very disturbing, is that his lawyers want to prevent anything he said prior to his being read his rights from being presented at the trial. That sounds only fair on the surface, but the whole Miranda Rights came as the result of a foreigner's arrest and subsequent confession who didn't understand his rights in this country. Kyle had enough brushes with the law that he clearly knew he had the right to an attorney and to keep his mouth shut. Yet, he drove Molly's car to the jail and confessed he murdered Molly and Katrina. So, why suppress what he said before he was read his rights? My guess is, he gave them motive and details of what happened before and after, which would destroy any insanity or diminished capacity they are hoping to prove.
Considering that every single person who watches cop shows can recite their rights from memory the whole Miranda situation is getting a little absurd. Of course Kyle has been arrested enough times he knows the drill better than the rest of us. I think you have it exactly right about the motive and detail bit. Someone made the comment on the other forum that Kyle didn't remember what happened. Never mind that he drove to the police station and said what happened. I too wonder about the probation issue. Disturbing is right. I am praying he doesn't get away with this. The thing is, though, is that insanity is usually an extraordinarily difficult thing to float to a jury. Then again, they might manage to seat a jury of cretins.
Matthew

Phoenix, AZ

#8 Feb 18, 2007
mzmr wrote:
<quoted text>
Considering that every single person who watches cop shows can recite their rights from memory the whole Miranda situation is getting a little absurd. Of course Kyle has been arrested enough times he knows the drill better than the rest of us. I think you have it exactly right about the motive and detail bit. Someone made the comment on the other forum that Kyle didn't remember what happened. Never mind that he drove to the police station and said what happened. I too wonder about the probation issue. Disturbing is right. I am praying he doesn't get away with this. The thing is, though, is that insanity is usually an extraordinarily difficult thing to float to a jury. Then again, they might manage to seat a jury of cretins.
Yes, and if they clean him up and make him look like a nice kid and coach him to act remorseful and claim he has no memory, and focus on his awful situation and attempted suicide instead of the victims, then it could happen. He could get off. It seems Iowa juries are a bit less inclined to go for the insanity defense, especially with someone who has a history of violence. But you never know because court precedence is not as important as who paints the more convincing story, where juries are concerned. I hope to God the prosecuting attorneys are dynamos and that they spend more money than the defense team for "expert" witnesses.
mzmr

United States

#9 Feb 18, 2007
They are going to do everything they can to erase all thought of the victims and turn it into a pity party for this cold blooded murderer. Those girls' families are going to get to sit in court and be told why the guy who killed thier daughters shouldn't be held accountable. Why, in fact, it wasn't even his fault. Sad. Really sad.
from a small town

Cedar Rapids, IA

#10 Feb 19, 2007
I have been talking to a lot of people that knew Kat & Molly and that don't. But a lot of people I know believe that the insanity plee isn't going to work. I guess I'm just hoping it doesn't but what do you guys think?

I also read on Kat's Memorial site on Myspace, that Kyle apparently destroyed Kat's cell phone and it was laying next to her in the room where she was found. Does anybody know if this is true?
mzmr

United States

#11 Feb 19, 2007
I have read about cases where people who were actually schizophrenic and had zero concept of what they had done were convicted and sent to prison. Those are some sad cases because the person is basically helpless and needs treatment badly. Juries usually are very loathe to accept the insanity argument- even when it is clearly appropriate. People just don't like the idea of letting someone get away with it.

That being said, I also saw an account of a case in Washington state recently in which a guy who was a meth head got off by pleading diminished capacity. He had, he said, done so much meth he wasn't responsible for his actions. Disturbingly, the jury bought it and he walked away from a murder. He's out there somewhere right now. It's really hard to say. Hopefully the jury will see through it.

As Matthew pointed out they are now trying to have the confession thrown out.
mzmr

United States

#12 Feb 19, 2007
Actually I take it back about the guy in Wa. I just checked it. He was only found guilty of manslaughter and not murder because he was all wacked on meth.
mzmr

United States

#13 Feb 20, 2007
If you want to read something interesting, though, go here:
http://www.fee.org/publications/the-freeman/a...

“I miss Kat!”

Since: Dec 06

Somewhere in IA

#14 Mar 1, 2007
So I just read in the paper yesterday, that the hearing for the petition to move the trial and for something else is scheduled for March 14... Katrina's birthday...
mzmer

United States

#15 Mar 1, 2007
That's a nice touch.
A friend

Annandale, MN

#16 May 21, 2007
I was a friend of one of the girls and I believe if this case keeps to be postponed and continued...nothing will happen. Something needs to be done about it!
mezmer

United States

#17 May 24, 2007
It hasn't gone away. The system just takes time to work.

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