Posted on 12/17/2005 4:33:20 AM PST by Dr. Scarpetta
Kara Borden will not be charged in the death of her parents, a prosecutor said today, despite the fact that she knew her boyfriend was bringing weapons to her Warwick Township home and might use them.
· Two additional charges were being being filed against Ludwig: statutory sexual assault and carrying firearms without a license.
· Three charges are being filed against a friend of Ludwig’s for his role in a “night patrol,” where the friend and Ludwig filmed themselves gathering weapons and going to an unidentified home, where they discussed breaking in and killing the home’s occupants.
Samuel Lohr, 19, will be charged with one count of criminal trespass and two counts of carrying firearms without a license for those acts.
Borden, 14, will not face charges because she never asked, planned with or helped David Ludwig, 18, to kill her parents, based on extensive interviews and a review of evidence in the case, a prosecutor said today.
“There is no smoking gun,” Lancaster County District Attorney Donald Totaro said today at a press conference at the Lancaster County Courthouse.
Ludwig waived his preliminary hearing today.
After charging Ludwig with murder and reckless endangerment in the deaths of Michael and Cathryn Borden, prosecutors interviewed more than 100 people and examined thousands of pages of evidence seized from Kara Borden’s and Ludwig’s computers, to determine if others also should be charged, Totaro said.
That investigation is what led to additional charges against Ludwig, as well as Lohr.
Totaro also said today he will seek the death penalty against Ludwig in the case.
Totaro also formally withdrew kidnapping charges against Ludwig, which he said he was going to do.
More evidence emerged about what happened on the morning of the two shooting deaths, but it did not lead to charges against Borden, Totaro said.
On the morning of Nov. 13, Borden’s parents caught Borden as she returned home after spending the night with Ludwig.
They asked her to call Ludwig and tell him to come to their home.
During that phone call, Ludwig asked Borden if her father had a gun. She told him he did not.
Ludwig told Borden he would be coming to her home with weapons, and that he might use them to get her away from her parents.
However, Borden never agreed to “any option that included violence,” Totaro said Ludwig told prosecutors.
“That was not condoned by her,” Ludwig told police. “I had mentioned it to her as a possibility to get away; she did not give me a ‘yes’ or ‘no’ on whether she thought it was a good idea. That was all my doing, that was not anything on her at all.”
When Ludwig showed up, he had a gun and a knife wrapped in a blanket. Michael Borden asked him to leave them outside, which he did.
Borden’s father knew about a previous incident involving Ludwig, a girl and a gun, and was “alerted and concerned” about the young man being armed, Totaro said.
But at that point, the Bordens and their daughter all believed that Ludwig was not armed. However, Ludwig had concealed a gun in the waistband of his pants, Totaro said.
After a 45-minute conversation, the Bordens told Ludwig he could no longer see their daughter. They also told him to tell his parents about his relationship with Borden, Totaro said.
Ludwig told police he sat for five to 10 minutes, staring into space, and “thinking in his own mind what he should do.”
He looked at Borden for confirmation of what he should do, but did not get any. At that point, Ludwig told police he made up his mind and stood up and shot Michael Borden.
Borden’s 15-year-old sister, Katelyn, who was nearby, fled into a bathroom, and Borden ran out the back door, across her backyard and onto Owl Hill Road.
Ludwig then killed Cathryn Borden.
Around that time, a witness saw a girl running across Owl Hill Road, looking “very scared. It appeared as if she had just seen a ghost,” Totaro said.
Ludwig met up with Borden a few minutes later on Owl Hill Road. She got into the car with him and the couple fled.
The couple later was arrested in Indiana.
According to interviews with those who knew the couple, there were no plans for Ludwig to harm Borden’s parents.
The only plan the couple had was that if they were caught in their relationship, they would run away from their Warwick Township homes, Totaro said.
Before the press conference, Ludwig waived his preliminary hearing today, in a courtroom packed with more than 20 reporters and 40 other spectators.
Dressed in a blue shirt and gray, pin-striped suit, Ludwig looked pale and nervous as he was brought into the Lancaster County courtroom.
His eyes darted around the courtroom but he did not hold the gaze of the two young men and a middle-aged couple sitting in the front row, who courthouse personnel indicated were Borden family members.
One of the young men, who had red hair cut in a military style, leaned forward, his elbows on his knees, staring intently at Ludwig throughout the proceeding.
Magisterial District Judge Daniel Garrett informed Ludwig of his legal rights, set a date next month for his formal arraignment, and then sent the young man back to Lancaster County Prison, where he is being held without bail.
Defense attorneys James Gratton and Merrill Spahn said little at today’s proceeding other than that they understood the charges and it was their intention to waive a preliminary hearing.
The purpose of a preliminary hearing is solely to determine if prosecutors have enough evidence to take the case to trial, not to determine guilt or innocence.
It was not apparent whether any of Ludwig’s family was in the courtroom this morning.
Missouri, if I recall correctly.
Wow.
During that phone call, Ludwig asked Borden if her father had a gun. She told him he did not.
:-0
When Ludwig showed up, he had a gun and a knife wrapped in a blanket. Michael Borden asked him to leave them outside, which he did.
This is just stunning. After sleeping with the man's daughter, Ludwig shows up with a gun and knife, and the father just asks him to leave them outside...?
The situation may have turned out differently if he'd locked the door and called police: "My daughter's boyfriend is here with a gun and a knife." (And, yes, as I'm sure others here would say, obviously it might've turned out differently if the father had been armed himself).
It's even worse than that. According to the article, she saw him do it:
After a 45-minute conversation, the Bordens told Ludwig he could no longer see their daughter. They also told him to tell his parents about his relationship with Borden, Totaro said. Ludwig told police he sat for five to 10 minutes, staring into space, and “thinking in his own mind what he should do.” He looked at Borden for confirmation of what he should do, but did not get any. At that point, Ludwig told police he made up his mind and stood up and shot Michael Borden. Borden’s 15-year-old sister, Katelyn, who was nearby, fled into a bathroom, and Borden ran out the back door, across her backyard and onto Owl Hill Road. Ludwig then killed Cathryn Borden.
I'll never pretend I understand what goes on in some homes. Surely, none were ever perfect, but I've seen more than I'd like of messed up families...and this in the suburbs of a city.
While I have read that Michael Borden was a no-nonsence dad, leaning toward perfectionism (and his wife also), that doesn't fit with a photo of Kara portraying herself to be well beyond 14 years old. Is this facade taken for granted today? Why did her parents allow this?
Kara, I believe, was thrilled that an older fellow found her attractive. I'll guess many 14 year old girls would get an ego-boost from that.
I can't find her guilt-free in these murders. Somehow, some way, she is an accomplice. If I'm right on that, I have to hope it is discovered. She behaved despicably.
The case against Kara may be weak, but it would surprise me if the prosecutors feel they need her testimony in any way.
They have plenty of documentary evidence of her testimony (all her email, blogs etc.) that could be admitted in some circumstances.
But more so, unless they have a problem with admissibility, they have a rock solid confession from Ludwig, found the murder weapon where he said it was (under the front seat of his car), etc.
They just don't need her testimony as far as I can see, so they have no incentive to deal for it.
If they made the decision not to charge her, I doubt it had anything to do with wanting to deal.
Kara SAW Ludwig kill her parents (at least her father). She ran after his car anyway.
We have had a couple of folks walk because such evidence was excluded in the absence of the author's testimony.
But of course I don't know the rules of evidence in PA criminal prosecutions. I'm just guessing from my own experience in a different state (and one that has some wacky evidentiary rules, at that. . . at least until this year, when the Evidence code was extensively overhauled. And we'll have 3-5 years of utter confusion while the courts try to figure out exactly what it was the boys in the General Assembly meant to do . . . )
I couldn't agree with you more. It seems that anyone else would've been charged as an accomplice.
I, too, am wondering how the girl turned out to be so... evil... when her family was so upstanding. What went wrong? I think the parents did their best, but where did their daughter go astray? Maybe there was too much focus on materialism...? The daughter seemed to have everything, like her every wish was granted.
Tired, some families look great on the outside. I know of a family where the parents were highly respected, deeply involved in their church and very strict with their children. Two of the girls had out of wedlock pregnancies and one was known for having affairs.
How this happened in such a righteous home is a mystery. None of us knows what really goes on in other people's houses.
As for Kara, she may think she's gotten off but she hasn't. Lancaster is a quiet place and Litiz is about as big as a stamp. Everyone knows who she is and everyone will be talking about her and her chances of living a normal life there are between slim and none. This girl is headed for a good old fahsioned shunning.
I agree with your whole post.
One thing though, this may be a girl that has no remorse. The things she did weren't normal for ANY age girl with a good family. Oh, dating an older guy and going behind her parents back is nothing new.....but knowing the guy had guns, watching him murder her parents THEN taking off with him.......NOT NORMAL>
A NORMAL person would have run AWAY from danger. She ran towards it. She may be one of those people that don't have normal emotions and/or feelings. I don't care how much she thought she loved the guy. Knowing he killed them should have sent shockwaves thru her: "DANGER DANGER"
And the B.S. that maybe she went with him to get him away from her siblings......yeah, right.
Thank you for the ping. I can see by the responses that I stand pretty much alone. Actually, I don't know what's happening since I have no contacts with the family. But while I believe that Kara has some very difficult days ahead, I don't think she has to have the dreadful life that is predicted for her. It really depends on her. I think she'll be helped by family and community.
This family was/is Christian. No, they're not perfect (no one is) and Kara messed up huge time, but Christians are in the forgiveness business. That's not easy either. But her siblings just lost their parents. I doubt that they want to lose any of their siblings either. My guess is that they'll work on their own hearts, learning a lot about how to forgive and put that into practice with Kara.
Yes, life as she knows it is at an end, but I think that at least a few people will rally behind her to help her heal in addition to her siblings. Yes, they'll no doubt be concerned about her past, but LE did not charge her with anything. From what I read in a local paper, she warned her father that David had weapons. Teen-agers do not see the world the same as adults; that's the reason they need adults. She and David had previously made plans to run away and get married. Rebel children of loving, healthy families are not all that unusual. I believe that in the shock of the moment at some level, she realized her parents were gone and reached out to the one person who, besides her parents, had promised her a stable life and a future. Now, as adults, we know that he really offered no such thing, but she didn't realize that. I don't find it surprising that she went with him. I can't imagine doing that, but then I didn't have the mindset of rebellion that she had. Not everyone reacts to events like I do.
I have friends who, after they raised four children, and were entering their retirement years, decided to do the unthinkable. They adopted a troubled young teenager. It turned out that one of her parents had killed the other. They persisted with the adoption, even in the midst of obvious mental problems that resulted from her past experiences. So, yes, there will be Christians in the community who will help this young women. Should she get the help she needs and decides to ask for forgiveness at the foot of the cross, there's no reason why she couldn't live a blessed and fruitful life. As though this never happened? No, of course not. But that's what God's forgiveness is all about. There can be supernatural joy in the midst of sadness and pain.
Let's realize this. While we are astounded and sickened that such an awful thing occurred for what we see as the stupidest of reasons, we don't know these people...none of them.
I must explain that I call it the "stupidest of reasons" because some murders occur due to great provocation. Apparently this kid (sorry, I don't look upon the average 18-year-old as an adult even if the law says they are) was deluded lnto thinking that a demanded breakup of his relationship amounted to something he couldn't accept. Obviously there's more behind his personality than this.
The girl had very little sense, also. Neither were mature enough to see past the moment to the consequences of their actions.
Her siblings and other family members are in a far better position to see the big picture. The same with his family. They may now remember things they ignored before, tell-tale signs of trouble. We sit on the sidelines and wonder why.
Maybe the world of video games...
He must have been a nice, gentle man. Evidently he couldn't conceive that the boy would harm them.
The graduations, weddings, births, birthday celebrations, and funerals without the presence of Mr. & Mrs. Borden will cause heartaches as the decades go by. Family members, as they age, could find themselves drifting away from Kara, even though they're Christians.
She didn't call 911 or run to the neighbors to get help for her bleeding & dying mother & father.
"When Ludwig showed up, he had a gun and a knife wrapped in a blanket. Michael Borden asked him to leave them outside, which he did."
WHAT THE HELL WAS WRONG WITH THESE PARENTS???
Naive
You have mail :)
Yes, they could. You're right about that. But I think it's probable that given what little we know about the family, they will try to work this out. But it will never be the same. I just don't necessarily see the wholesale rejection and almost predetermined misery for Kara. Yes, her life will never be the same. And yes, her life could end up as many have written here it will. But I don't think it has to be that way. The choices that Kara makes from now on will help determine the path her future will take. She's still young and could have a bright future. But she has a tough road to hoe for certain.
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