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DA Seeks Death Penalty for Ludwig--Borden Not Charged (Knew he was bringing weapons to her house)
Lancaster New Era ^ | 12/16/05 | Cindy Stauffer And Janet Kelley

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.


TOPICS: News/Current Events
KEYWORDS: borden; karabethborden; karaborden; ludwig
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1 posted on 12/17/2005 4:33:22 AM PST by Dr. Scarpetta
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To: andysandmikesmom; LucyT; Gondring; trussell; CindyDawg; Proud_USA_Republican; Tax-chick; twigs; ...

*Ping


2 posted on 12/17/2005 4:35:50 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta
" ... 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 ..."


Hogwash!


May this "child" live a long and tortured existance.





3 posted on 12/17/2005 4:41:32 AM PST by G.Mason (Others have died for my freedom; now this is my mark ... Marine Corporal Jeffrey Starr, KIA 04-30-05)
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To: G.Mason
May this "child" live a long and tortured existance.

I've been wondering who she's living with.

4 posted on 12/17/2005 4:58:31 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta

It should be interesting to watch some lawyer try to baffle-gab his client out of a death sentence in this case.


5 posted on 12/17/2005 5:02:58 AM PST by GladesGuru (In a society predicated upon Liberty, it is essential to examine principle)
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To: wouldntbprudent; newgeezer; Blood of Tyrants

Ping


6 posted on 12/17/2005 5:06:00 AM PST by Dr. Scarpetta
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To: GladesGuru
It should be interesting to watch some lawyer try to baffle-gab his client out of a death sentence in this case.

He might end up with a court appointed lawyer if his parents aren't willing to pay for an criminal defense attorney.

7 posted on 12/17/2005 5:08:33 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta
"I've been wondering who she's living with."


Whom ever it may be will need to sleep with one eye open and their index finger on the trigger.


"The postman always rings twice"





8 posted on 12/17/2005 5:19:41 AM PST by G.Mason (Others have died for my freedom; now this is my mark ... Marine Corporal Jeffrey Starr, KIA 04-30-05)
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To: G.Mason

Fear not, she will.


9 posted on 12/17/2005 5:24:33 AM PST by Ditter
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To: G.Mason; Ditter

She also might have to go to public school. Whatever family member she's living with may not be able to sacrifice their job to stay home and school her.


10 posted on 12/17/2005 5:34:50 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta

Bullshit!

I bet that she was in on it from the gitgo.


11 posted on 12/17/2005 5:38:08 AM PST by sport
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To: Dr. Scarpetta

She was just young and dumb and wanted some. Hope she enjoyed it!


12 posted on 12/17/2005 5:39:24 AM PST by wolfcreek
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To: G.Mason

Once again the male is faces jail while the female walks.








13 posted on 12/17/2005 5:50:00 AM PST by sgtbono2002
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To: Dr. Scarpetta

She might even take herself out (suicide) when she fully realizes the enormity of what has happened and her involvement in it. That might happen after years of drug and alcohol abuse too. I don't see much happiness ahead for this girl.


14 posted on 12/17/2005 5:57:16 AM PST by Ditter
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To: Dr. Scarpetta
I think what probably helped her here was that she knew he was armed but so did her father and they both saw him leave the weapons outside. Maybe she knew he had another one hidden. I don't know. She's getting life without parole either way.
15 posted on 12/17/2005 6:00:51 AM PST by CindyDawg
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To: Dr. Scarpetta

Thanks for the ping!


16 posted on 12/17/2005 6:56:05 AM PST by Alamo-Girl
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To: sgtbono2002
She's not walking.

The rest of her life, however long or short, will be hell.

Her siblings are going to have nothing to do with her. She took away their parents. I would be surprised if they ever speak to her again.

No more homeschooling - she helped kill her mother/teacher (whether she's charged or not, she knows that.) She's going to have to go to public school - where everyone will stare and point. She will have NO friends, NO activities, nothing, and the whispers and pointing will follow her wherever she goes. Anybody who hangs around with her will do it just for the notoriety, she'll always wonder about that.

Even if she moves far away with distant cousins, the word will get out. And she would have trouble finding somebody to take her because they would always wonder if she might loose hell on THEIR home.

I predict a death from alcohol/drug abuse, or suicide, very soon.

And I'm sorry for her. She thought she was being so cool flouting her parents . . . and then reality reared its ugly, murderous, evil head.

17 posted on 12/17/2005 7:13:22 AM PST by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: Dr. Scarpetta
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.

I wonder what that was all about.

18 posted on 12/17/2005 7:24:22 AM PST by Logophile
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To: Dr. Scarpetta

Have you no sympathy sir? She is after all a poor orphan!




/sarc


19 posted on 12/17/2005 7:27:45 AM PST by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: Dr. Scarpetta

It sounds like Kara was in the room when her father was shot and saw it. And she still got in the car with the murderer and drove away! I cannot imagine it.


20 posted on 12/17/2005 7:34:40 AM PST by knuthom
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To: Dr. Scarpetta

Well Kara Elizabeth Borden looks like she'll get away with murder just like Lizzie Borden did.


21 posted on 12/17/2005 7:43:12 AM PST by Paleo Conservative (Hey hey ho ho Andy Heyward's got to go!)
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To: Dr. Scarpetta

Thank you for the ping.


22 posted on 12/17/2005 8:13:10 AM PST by LucyT (Merry, Merry Christmas, everyone.)
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To: Logophile
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. I wonder what that was all about.

Last Spring Ludwig took off with a teenage girl and went to a cabin. Both sets of parents resolved the problem.

23 posted on 12/17/2005 9:20:35 AM PST by Dr. Scarpetta
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To: AnAmericanMother
And she would have trouble finding somebody to take her because they would always wonder if she might loose hell on THEIR home.

Maybe the older brothers will have to take the kids.

24 posted on 12/17/2005 9:24:47 AM PST by Dr. Scarpetta
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To: CindyDawg
She's getting life without parole either way.

She might not realize that for another 10 years.

25 posted on 12/17/2005 9:29:02 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta
They'll take the others, but this one may well wind up a ward of the state.

I'll tell you quite frankly, if I had other children I would hesitate a long time before I let her in my home. We know that she lies, disobeys, sneaks around, sleeps around, and hasn't got the judgment to recognize a disturbed and evil individual.

26 posted on 12/17/2005 9:41:03 AM PST by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: Dr. Scarpetta

thanks for the ping

how in the world was she not charged as an accessory? PA law allows it at 14.


27 posted on 12/17/2005 9:48:06 AM PST by wouldntbprudent
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To: G.Mason

but she did help a murderer flee, dispose of evidence etc. SHE knows.


28 posted on 12/17/2005 9:51:48 AM PST by wouldntbprudent
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To: Dr. Scarpetta

One brother is in the Army (just got back from Iraq), the other was planning to bring his girlfriend home to meet the parents (apparently in preparation for getting engaged) at Thanksgiving, a few weeks after they were murdered.

I don't see how either of these boys can take on the responsibility of raising these kids, especially one they have to wonder might whack them, too.


29 posted on 12/17/2005 9:55:31 AM PST by wouldntbprudent
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To: Dr. Scarpetta

Not the first Borden to get away with killing her parents.

30 posted on 12/17/2005 9:57:36 AM PST by Lonesome in Massachussets (Tooke, Tooke, Tookie, good bye; Tooke, Tooke, Tookie, please die!)
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To: AnAmericanMother

Yeah, and what foster family would want to take on such a kid? Her parents seemed to do everything possible to keep her protected and on track and she got them murdered.

Now she's got to deal with that, plus the growing realization that the "love of her life" was a disturbed individual with no conscience (of course, right now, she's probably still in the "it was wrong for him to kill my parents, but just look at how much he loved me!") and that he also may get the death penalty.

She's going to be a mess.


31 posted on 12/17/2005 9:59:01 AM PST by wouldntbprudent
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To: Dr. Scarpetta
I've been wondering who she's living with.

She has 2 older brothers , in their 20's. At the time of her parents funeral, they had custody of her.

32 posted on 12/17/2005 10:04:21 AM PST by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: wouldntbprudent
how in the world was she not charged as an accessory? PA law allows it at 14.

Ludwig is insisting "Kara never asked, planned with or helped. There is no smoking gun," Lancaster County District Attorney Donald Totaro said at a press conference at the Lancaster County Courthouse.

33 posted on 12/17/2005 10:27:32 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta

Yes, but if you see someone commit at least murder (and know about the second), how is not fleeing with him, throwing out cell phones in an effort to keep him from being tracked by police, not giving aid and comfort in the commission of a crime?

When the guys jump in the car after having robbed the bank, even if the driver did not realize ahead of time that is what they were going to do and he had no role in helping plan or execute the robbery, if he sits by and rides along as they escape, doing nothing at the first opportunity to turn them in, is he not an accessory after the fact?

She knew Ludwig committed murder. She voluntarily jumped in the car and ran away with him. Had she not, he might have hung around longer looking for her, or stayed in the area longer, thus facilitating his capture before his wild and reckless chase in Indiana where he was putting people's lives at risk by running them off the road, etc.

I think this is a purely a "whaaa-she's suffered enough, poor little girl" lame decision.


34 posted on 12/17/2005 10:43:45 AM PST by wouldntbprudent
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To: wouldntbprudent

I agree with you.


35 posted on 12/17/2005 11:01:18 AM PST by Dr. Scarpetta
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To: Dr. Scarpetta; wouldntbprudent
Well, if the guy's insisting she didn't know ahead of time, a charge as an accessory after the fact is weak. All she has to do is testify "I was afraid of him."

The DA I'm sure is reluctant to take on a case this weak. I mean, we're all pretty sure what went down and that she was involved to some degree, but proving that to a jury beyond a reasonable doubt when the kid is wailing and crying on the stand and the bad guy is insisting she had nothing to do with it would be tough.

It would also jeopardize their prosecution of the main offender.

I don't know how they do things in those parts, but my money's on her having made a deal to testify in exchange for non-prosecution of what amounts to a fairly weak case. If so, this will come out when Ludwig's lawyer files a "Reveal the Deal" motion.

36 posted on 12/17/2005 12:54:37 PM PST by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: AnAmericanMother

Exactly. Even if she had no part in the murders, any parent would have to be concerned about her behavior that led up to this. Even if her parents were still alive, would you want a sexually active, 14 y/o defiant, runaway around your teenagers? Since she's not going to jail, hopefully she will have adults with no or grown children in her life that can help her and give her the guidance she is going to need.


37 posted on 12/17/2005 3:28:48 PM PST by CindyDawg
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To: Dr. Scarpetta
She'll never be happy, here,....ever.

She, and everyone else, knows that she's as responsible for the deaths of her parents as Ludwig is. She didn't hold the physical weapon...she just set into motion the events leading up to, and including, the murders.

Hell would be a paradise, considering what she'll face in Lititz and Lancaster County.

38 posted on 12/17/2005 3:36:06 PM PST by Thumper1960 ("There is no 'tolerance', there are only changing fashions in intolerance." - 'The Western Standard')
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To: Thumper1960
Hell would be a paradise, considering what she'll face in Lititz and Lancaster County.

After the trial, she might get moved out of state. Weren't her parents from another state?

39 posted on 12/17/2005 5:47:51 PM PST by Dr. Scarpetta
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To: Dr. Scarpetta
I can't fathom the mysteries of some peoples' minds and David Ludwig and Kara Borden are two of them. No doubt someone with expertise will ferret our what triggered (no pun intended) the 18 year old to go off the deep end.

Aside from his mind-boggling cold-blooded murder of Kara's parents, he obviously was too immature to realize the price he would pay. What world does he live in?

As to Kara, I find it hard to believe she didn't hear gunshots...my understanding is that she was in the house at the time David shot her father, at least.

It's another stupid waste of human lives...all of them.

Thanks for the ping.

40 posted on 12/17/2005 8:21:33 PM PST by IIntense (a)
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To: Dr. Scarpetta

Missouri, if I recall correctly.


41 posted on 12/17/2005 8:32:06 PM PST by Thumper1960 ("There is no 'tolerance', there are only changing fashions in intolerance." - 'The Western Standard')
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To: Dr. Scarpetta
Thanks for the ping.

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).

42 posted on 12/17/2005 10:20:49 PM PST by Tired of Taxes
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To: IIntense
>>>> "As to Kara, I find it hard to believe she didn't hear gunshots...my understanding is that she was in the house at the time David shot her father, at least." <<<<

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.

43 posted on 12/17/2005 10:23:41 PM PST by Tired of Taxes
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To: Tired of Taxes
"It's even worse than that."

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.

44 posted on 12/17/2005 11:41:20 PM PST by IIntense (a)
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To: AnAmericanMother

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.


45 posted on 12/18/2005 6:39:44 AM PST by wouldntbprudent
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To: IIntense

Kara SAW Ludwig kill her parents (at least her father). She ran after his car anyway.


46 posted on 12/18/2005 6:45:08 AM PST by wouldntbprudent
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To: wouldntbprudent
Don't know the rules in PA, but around here if she's alive and available to testify, they would have a real problem getting a lot of that stuff in. And a clever cross-examiner could scatter a lot of doubt around, with the aid of a computer expert talking about how "anybody" could have posted (or created) the stuff on the computers.

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 . . . )

47 posted on 12/18/2005 6:56:28 AM PST by AnAmericanMother (. . . Ministrix of ye Chace (recess appointment), TTGC Ladies' Auxiliary . . .)
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To: IIntense

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.


48 posted on 12/18/2005 11:43:19 AM PST by Tired of Taxes
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To: Tired of Taxes

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.


49 posted on 12/18/2005 1:19:35 PM PST by thathamiltonwoman
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To: wouldntbprudent

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.


50 posted on 12/18/2005 1:43:06 PM PST by bonfire (dwindler)
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