[mommya]

Expanding on my thoughts from above.....Maybe there are jurors who think that he did do it - but that the stuff in the MH is old - like the defense suggests - since the dogs did not hit there - maybe they don't buy an innocent explanation - but maybe they even think he had her in there on some prior occasion to try to get close to her - just let her look around or maybe something more sinister - like molest her - anyway - since the dogs did not hit - they could believe that she was in there sometime in the past - AND - they could still think he killed her - the two are not mutually exclusive - are they. That's why I am thinking they should offer the lesser charge.

[clearvision]

The prosecution does not want just a murder charge, because they then have to prove he murdered her and maybe intent. With the kidnapping/murder charge all they have to prove is that she was with him that weekend (kidnapping) and then since she is dead it is assumed murder. They do not have to prove he murdered in the 2nd case.

[pinz-n-needlez]

I heard the resoning somewhere that if the count was 1st degree standing alone, that premeditation would have to be shown. That would be a higher standard.

IIRC, the kidnapping charge being filed first allowed the death to immediately bump the case up to the death penalty.

I seem to recall some speculation at the time that they got word on the body, rushed to arrest dw on kidnapping charges, and only then 'allowed' the body to be found. That was back in the days that I believed he was a creep, before I saw how flimsy the 'evidence' was.

[dread78645]

That's why I am thinking they should offer the lesser charge.

Dusek has to get convictions on both counts to ask for the death penalty.

[Jaded]

But neither was she in the SUV. So the questions remains if David did, how? Where was she removed from? When was she murdered? How did she get to Dehesa? Why are the "damning" fibers and hairs in some places but not others that are suppose to be on the path from the bedroom to Dehesa?