Local murder trial

[Jake D]

There is a local murder trial going on here that recently gained national attention.  The victim was a beautiful 19 year old girl named Ali Kemp.  The accused killer is Ben Appleby.
He allegedly attempted to rape her and then he allegedly strangled her. 
The defense, I believe, has stated in their opening comments that he did in fact strangle her but didn't intend to kill her.  Sounds odd to me.  They are attempting to argue that she was still alive when the emergency crews found her.  She was found in the pump house of the swimming pool she worked at over the summer.  Appleby allegedly approached her while she was closing the pool after work.  He allegedly came onto her and when rebuked, he alleged attacked her, attempted to rape her, and then choked her. 
The defendant was picked up out east, years later.
What is kind of freaky to me is, a friend of mine and a co-worker went to high school with the alleged killer.  They sat next to each other in health class. 
Here is a link to the article.  There is a picture of the victim.  I don't know how anyone could do this sort of thing.
http://www.kansascity.com/mld/kansascity/news/front/16104614.htm

[Onlypastrana199]

We had a local muder case just end here...This college kid ran up all kinds of bills, stole from him parents, they wouldn't help him anymore so he chopped them up with an axe his dad died, his mom lived...they found him guilty...he has yet to be sentenced but NY doesn't have the death penalty...

[Budrick320]

Ship them down here to Texas. We love the Death Penalty.

[Alphamazing]

Ship them down here to Texas. We love the Death Penalty.

Yeehaw!

I don't know how anyone could do this sort of thing.

Because people are idiots.

[Jake D]

The alleged killer is getting a lot of support from his family, but, IIRC, the people that know him aren't totally surprised that he was capable of this.

We have the death penalty here.  Missouri is, politically, more of a southern state.  Conceal and carry, death penalty, etc.

[sys49152]

...the people that know him aren't totally surprised that he was capable of this.

I can sort of understand this, I think.  Remember being in grade school, and getting into fights?  It happened to all of us, punching and kicking, some wrestling, whatever.. part of the right of growing up.  But there were always a few people who would be willing to throw something heavy or sharp as part of the fight, without any real remorse, or fully appreciating the act of doing something that would result in more than just a black eye.  And I really think the same people would be able to go home after doing something like that, and get a good nights sleep.  People like that always scared the crap out of me.  I always felt there really weren't any self-imposed limits on what they were capable of doing to others.

[jake42]

Jake, your'e a lawyer and this suprises you?  Okay, maybe you don't do criminal law (do you?).  I'm an Anatomist and wannabe Forensic Anthropologist and my father-in-law is a Sheriff here in Pgh.  It never ceases to amaze me though at the reasons why people kill each other.  One of my favorites here, was a guy who tunnelled through the basement wall of his rowhouse into his neighbor's house and then cut her up with a sawzall and a cricular saw. Why?, because she complained that he didn't mow his part of the yard.  Cops forgot to take his belt and on his way to be booked he hung himself in the back of the paddy wagon. 

The other Jake D.

[Cal Price]

It sounds like the defence are hanging their case on "intent" I think your law and ours are the same on this, if there is intent it is murder but without intent it becomes manslaughter or some lesser matter.

In some circumstances I can see this subtle distinction but if coupled with another alledged crime it's a difficult one to swallow. Sometimes you have to wonder, is law more important than justice? I would not like to comment on the case in question but I suppose this is why we have a jury who are supposed to use their cumilative knowledge and experience of the ways or the world to evalute evidence and come to the right conclusion and hopefully justice is done.

Having been on a jury, it's not easy to get everyone to see things the same way I can tell you even when they seem quite obvious sometimes.

[Jake D]

I hear ya, Cal.   But intent can "form in the twinkling of an eye", and you'd be hard pressed to convince a jury that you could choke somebody for 12 minutes and not intend to kill them. 
Second, attempted rape is a felony.  Missouri (and probably every other state) has a law called "felony murder".  If someone is killed during the commission of a felony, that becomes murder.   So either way, I suppose he is toast if he is convicted.

With regard to this particular killer's mentality, I heard that he got in a fight in high school with a guy a lot bigger than him.  Apparently, the movie Cape Fear had just come out.  Anyway, supposedly Appleby bit a chunk out of the other dude's face during the fight.  Kind of freaky.

BTW, I do criminal defense, but it is only low level drug stuff, DWI's and traffic matters.  Sometimes assault.  Nothing heavy.

I just don't get how you could hurt a young girl like that.  I've no mercy for people that evil. 

[Turd Ferguson]

I remember that incident.  I was living in Overland Park that summer.  Very sad.

-T.

[Destro]

Oh and the trial is in Kansas, not MO. 

[Jake D]

That's right.  I totally forgot about that Shayne.

If it was around here, I'd probably stop in and watch.  But f%ck if I'm going to Kansas unless I'm riding or visiting family. 

[Destro]

If it was around here, I'd probably stop in and watch.  But f%ck if I'm going to Kansas unless I'm riding or visiting family. 

+1,000,000  but I am pretty sure the laws in both states are pretty similar.

[Jake D]

Do you think it ironic that we both were born and raised in Kansas? 

[Destro]

Honestly, I think Missouri is Kansas with easier access to booze.  I do miss Babydoll's in Topeka, though.

[Jake D]

Dude, the Outhouse in Lawrence.  Ohhh weee. 

You shouldn't compare Kansas and Missouri, however.  And if you do, don't stop with the alcohol thing.  Don't forget: Missouri has several major cities, universities that don't suck, two MLB teams, two NFL teams, and an NHL team, & Lake of the Ozarks (or rather Party Cove). 

Kansas has none of those things. 

[Jake D]

Holy crap!  Speaking of the Lake of the Ozarks, I guess a bunch of the docks collapsed from the storm.  Here is a picture:

http://www.turkeybendtrail.com/Moorings_photos.html

That jumbled up stuff in the center?  Yeah, that is docks. 

[Turd Ferguson]

Oh snap!