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Post by pakman on Dec 22, 2020 0:51:50 GMT -5
It sounds like Misch is refusing to cooperate, but hopefully if the evidence is strong, he'll reveal to police where Michaela's remains are.
I remember AMW aired this case in 2009, the first time it was featured since, most likely, the early '90s. Michaela's case had been in the news following Jaycee Dugard's recovery, and I think a lot were hoping that miracles would happen twice. Sadly, that doesn't appear to be the case, but I'm hoping Michaela's family will finally get some answers.
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Post by Maddog on Dec 22, 2020 12:27:19 GMT -5
I’m actually surprised they filed a murder charge. There is ample evidence to bring him to trial for kidnapping (the palm print and witnesses who place him at the scene), but it doesn’t appear they have any additional evidence (that I have seen) other than they state that no one has seen Michaela or her remains since the date of the abduction. Murder may be a stretch under these circumstances (even though I agree she is likely deceased).
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Post by Scumhunter on Dec 22, 2020 12:51:56 GMT -5
The kidnaping would seem the stronger of the two charges at the moment but they might have more damning evidence that's not public right now.
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Post by Scumhunter on Dec 22, 2020 13:46:46 GMT -5
Autocorrect changed damning to dining *sigh* but they might have details not public.
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Post by Maddog on Dec 22, 2020 14:03:23 GMT -5
Interesting part is her mother was interviewed and said she’s more than open to him revealing the location of her body in exchange for the death penalty coming off the table.
I don’t think there is going to be much other physical evidence after 32 years, so this may be the bargaining chip to see that she gets a proper burial.
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Post by Scumhunter on Dec 22, 2020 14:13:28 GMT -5
I hope he obliges if that's the case for the sake of giving Michael's mother a way to officially mourn her (there's never truly "closure" but a sense of the not knowing being taken away as well).
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Post by Maddog on Dec 22, 2020 22:04:37 GMT -5
I have watched the press conference. They seemed very confident they could get a conviction for murder. My guess why there wasn’t a kidnapping charge was due to the statute of limitations. The DA explained that in California, a kidnapping doesn’t end until the victim is released, and their argument, using extrapolation, is that she nor her remains have been seen since the date of her kidnapping. Other than the palm print on the scooter, it doesn’t sound like there is other physical evidence. I doubt they can find the suspect’s car from that time, either (it’s probably in a landfill).
I’m still amazed (and would like to know) how the Fremont police figured that the Hayward Police should take a look at David Misch, because even the Hayward Chief said there were no “pointers” indicating that he was involved.
Does anyone have a photo of Misch from around the time of the kidnapping? I would love to see if it adds up to the eyewitness’ description. So far, we know Katrina Rodriguez’ physical description was actually pretty accurate (he was exactly six feet as she stated, and she stated Misch was 18-24 at the time - we now know he was 27).
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Post by Scumhunter on Dec 22, 2020 23:52:59 GMT -5
No idea how they figured it out. Although it is the way it usually happens in cases like Michaela's. Taking nothing away from us since I feel we're excellent sleuthers or online sleuthers in general but there's a bunch of names we wonder about and then it's a person never mentioned anywhere and seems to have come out of nowhere but in retrospect was pretty glaring. Jacob Wetterling's case ended in a similar matter except the killer actually let police know where his body was. (Of course there's also the cases where they didn't have criminal records so it would have been impossible to speculate about them)
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Post by Scumhunter on Dec 22, 2020 23:58:50 GMT -5
Also I can't find any photos of Misch in the 80s at the moment.
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Post by Maddog on Dec 23, 2020 12:59:00 GMT -5
Found it. Katrina Rodriguez' description was extremely accurate after all. Plus, we now know there were two eyewitnesses who picked Misch out of a line-up. Photo of Misch was from 1988. Attachments:
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Post by Maddog on Dec 26, 2020 0:09:12 GMT -5
I know I am beating on a dead horse here, but I think murder is going to be very difficult to prove. A jury has to be convinced BEYOND A REASONABLE DOUBT (emphasis). Without any forensics indicating Michaela is dead (I.e. blood evidence, hairs in his car), I think the best they are going to get is a hung jury. Even if they did convict him, assuming California seeks the death penalty, a jury would be incredibly reluctant to sentence someone to death without a body (death sentences in no-body cases are extraordinarily rare). I think their best approach is threatening to seek the death penalty, but taking it off the table if he reveals where her remains are. Assuming he is guilty, Michaela’s parents deserve to have a grave to visit.
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Post by Scumhunter on Dec 29, 2020 13:25:04 GMT -5
Sorry I forgot to respond to this. I agree it may be hard to prove murder but I believe the Sierra Lamar case they got a conviction with circumstancial evidence without ever finding her body so you never know.
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Post by Maddog on Jan 4, 2021 0:30:30 GMT -5
Here is a timeline for David Misch (if anyone is interested):
1977: Misch, then 16, breaks into a neighbor's house and rapes the household maid (at knifepoint).
1978: Paroled for this crime.
February 1979: Arrested for false imprisonment and assault with a deadly weapon (later charged with assault with intent to commit rape). Released just months later in September on parole.
July 1982: Convicted of beating a woman at knifepoint. Amazingly, he is paroled again in January 1984.
1985: Arrested for indecent exposure after he was found to be driving around naked in Oakland.
1986: Was under suspicion for several drug and burglary incidents, diversion court was being considered.
February 1986: Murders Michelle Xavier and Jennifer Duey by shooting and strangulation. Rape also occurred, according to the police. Misch isn't charged until much later for this case.
May 1988: Convicted of burglary and given a sentence of one year plus one year of probation. Paroled in October-November 1988.
November 19, 1988: Michaela Garecht is abducted from the Rainbow Market parking lot in Hayward, CA.
November 21-25, 1988: Arrested for drug possession.
November 17, 1989: Paroled for the drug possession charges.
December 1989: Murders Margaret Ball. The crime is horrific: Ball was found in a fetal possession laying on a butcher's knife that she had been stabbed with numerous times, and she was beaten so badly that Misch knocked out one of Ball's teeth.
1990: Convicted of Ball's murder. Receives a term of 18 years to life in prison.
2006: Denied parole.
2009: Denied parole for a second time.
2018: Charged with the Duey and Xavier homicides.
December 21, 2020: Charged with murder in the presumed death of Michaela Garecht.
The sad part is, I don't think Misch will reveal where Michaela's remains are (if guilty). By all accounts, he was very uncooperative with authorities while in prison, and he was also uncooperative for psychological assessments. Regarding this case, I doubt he was involved in Ilene Misheloff's murder because (as the timeline reveals for now), he may have been in custody for the Ball case.
Another tidbit: Detective Ken Gross, who originally handled the case (and from all accounts, did his absolute best to solve it), mentioned that Misch was never on his radar. Sadly, Gross' wife stated in an interview that this case bothered her husband to no end when he investigated it.
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Post by Scumhunter on Jan 4, 2021 0:41:27 GMT -5
I think part of the difficulty in solving these child abduction and killing cases is there's sadly no shortage of creeps out there. We throw a bunch of creeps who live nearby as possible suspects when if we put our zip code into the sex offender registry most of us will be shocked and overwhelmed by the results. So it's very easy to have people not on your radar. Then of course there's the creeps without a record that simply had never been arrested.
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Post by billsfans568 on Jan 18, 2023 19:22:31 GMT -5
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