Legal Pub has been bombarded by questions such as "Does Drew Peterson Have A Chance of Remaining Free?" Or "How important is it to find Stacy Peterson's body?" Perhaps the answer lies in Aruba. Aruba prosecutors officially closed their investigation into the disappearance of teenager Natalee Holloway. Officials said that while they still believe three young men were somehow involved in her death, they can't prove it. So after 932 days of searching has failed to produce Natalee's body, prosecutors have given up. At least for now. One could almost hear from across the globe the sigh of relief from Satish Kalpoe, Joran van der Sloot and Deepak Kalpoe.
The three main suspects were re-arrested last month after prosecutors discovered online chat sessions they hoped would break the case. But none of the men talked in custody. Without a body, prosecutors chose to close the case. If the case would be tried, the lack of evidence "would lead to an acquittal," according to the Prosecution. David Kock was an attorney for the Kalpoe brothers. Joseph Tacopina, attorney for van der Sloot, said: "Give this kid his due," attorney Joseph Tacopina said. "He's been incarcerated twice falsely. They've investigated up and down everything in his life."
The case could be reopened if "serious" new evidence emerges. The statute of limitations is six years for involuntary manslaughter and 12 for homicide. So does this answer your question as to how important it can be to find a body in a murder case?
Update 2-8-08: Based on a video tape Prosecutors have reopened the case. Joran Van der Sloot has been captured on video tape saying that he called a friend from a pay phone to take Holloway's body and dump it at sea. Joran's lawyers say at least two points of his client's story on the video could be disproved. One, the Aruban coast guard had checked the pay phone where van der Sloot said he had called his friend and no such call was made. Second, the friend whom Joran said he called in the video wasn't in Aruba in May 2005. The friend also never owned a boat according to Joran's attorney. Is the video just another example of a mixed up kid shooting off his mouth and telling tall tales? Who knows, but it may land him back in jail!
Van der Eem told ABC he befriended van der Sloot by pretending to be a gangster after meeting him in a casino."Why did I want this? It's obvious. Everybody was looking for the truth. For her mother," he said.
In the interview with ABC, van der Eem became emotional himself while saying that van der Sloot talked about Holloway's death "without any emotions."Van der Eem, who ABC reported once spent a year in prison on drug charges, said he and van der Sloot smoked marijuana on long car rides over the course of several months. Van der Eem told the network he pretended to invite van der Sloot into a drug operation to gain his trust.He approached reporter Peter R. de Vries' television show, telling them he had gained van der Sloot's trust, and the program outfitted an SUV with hidden video cameras.
Van der Eem has been paid about $35,000 by the showUpdate 6-4-10: Joran van der Sloot has been taken to Peru. He will likely be charged with the killing of a 21-year-old Stephany Flores, a woman from the capital of Lima. Chilean police say van der Sloot has proclaimed his innocence. Van der Sloot was a suspect in the 2005 disappearance of Alabama teen Natalie Holloway in Aruba.
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13 comments:
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May Natalee rest in peace!
Greg
I hope some new evidence turns up and the guilty person or persons are prosecuted.
Jill
Now I get why the body of Stacy is so important to prosecutors. But could they still proceed without one?
What if these kids had nothing to do with Natalee's disappearance? I remember being convinced that Richard Jewel was involved in the Atlanta bombing and look what happened there. That poor guy went through hell and he was actually a hero (he saved a great deal more people from getting blown up). I hope the Holloway family finds resolution and that Natalee rests in peace, if she is no longer with us. I also feel for the parents of these 3 kids who have been dragged through the mud for several years. Maybe, just maybe, unfairly.
You have to look at Dutch law, rather than the laws of the US to evaluate the Holloway case. US law does does not require a body to be found, but this is not a US case. It may be reopened again if new evidence emerges.
Perhaps, like Peterson, the boys are not guilty!
Ron, the crime of murder has elements of proof which vary slightly from state to state. Here in the U.S., while it is possible to try a case without a body, in order to have a decent chance of obtaining a conviction you either need eye witness testimony or some type of physical evidence. If you do not have physical evidence such as blood of the victim or eyewitness testimony as to the crime, it is difficult to prove beyond a reasonable doubt that the victim is in fact dead. Without such proof, even if a jury convicts, an appellate court may over turn the conviction.
Make no mistake. In Peterson's case, the lack of eye witness testimony and any physical evidence has greatly hindered the prosecution.
Ms. C., you may be right. The boys may be only guilty of using bad judgment and not being consistent with their stories to the police.
Jill, if a body turns up any time soon, look for the case to be reopened.
So if she is never found, assuming he did it, does Peterson get away with murder?
Update 2-8-08: Based on a video tape Prosecutors have reopened the case. Joran Van der Sloot has been captured on video tape saying that he called a friend from a pay phone to take Holloway's body and dump it at sea. Joran's lawyers say at least two points of his client's story on the video could be disproved. One, the Aruban coast guard had checked the pay phone where van der Sloot said he had called his friend and no such call was made. Second, the friend whom Joran said he called in the video wasn't in Aruba in May 2005. The friend also never owned a boat according to Joran's attorney. Is the video just another example of a mixed up kid shooting off his mouth and telling tall tales? Who knows, but it may land him back in jail!
Prosecutors still are not going to file charges unless there is some concrete evidence of involvement.
This may be an example of how to get away with murder...
Rumors swirling. Underwater photos of what looks like a body discovered. Time will tell whether it is a body. If it is, than it will be examined to see if it is Natalee's.
Update 6-4-10: Joran van der Sloot has been taken to Peru. He will likely be charged with the killing of a 21-year-old Stephany Flores, a woman from the capital of Lima. Chilean police say van der Sloot has proclaimed his innocence. Van der Sloot was a suspect in the 2005 disappearance of Alabama teen Natalie Holloway in Aruba
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