ELIAS ABUELAZAM IS ARRAIGNED IN FLINT 08/26/10 some call him Shrek most call him EVIL

evil arraINGMENT 3,
originally uploaded by terrybankert.

This Pre Trial is scheduled for next Tuesday. The Prosecutor asked for $10,000,000 bond. Judge Perry ordered no bond.

The code name for him with the police was shrek. The code name given to him by Prosecutor David Leyton is EVIL. I agree with the prosecutor. I also heard that EVIL was tracked electronically. He is nothing but guilty. He told Sheriff Pickell the cameras made him nervous. Pickell told him to get used to it.

Thumnail Photos
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
Slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/show/


Earlier the press had been taken on a tour of the jail and showed where  EVIL will sleep.

At the press conference in response to the Prosecutor stating the crime lab takes a long time  he was asked if the crime lab was faster would  the  police have noticed a patteren of killing earlier.  Leyton was non committal.

The  press asked about a white victem and if other people were to  be charged. They seems to be testimony that at on one occassion there was another person in the car with him at a stabbing.  Another reporter asked if  the motive might be  that several  people of Arab decent had recently been killed. These  questions could not be answered.-trb

NOTES..........................................................

"This is one of 14 incidents of murder and assault with intent to murder. Five people are dead. The rest faced death and are seriously injured," Leyton told the judge in asking for the high bail. "He is not a citizen of the United States. The court should do all it can to make sure he stands trial in Genesee County where he ran rampant, created havoc and attacked innocent citizens."[4]






A man who's suspected in 18 stabbing attacks in three states, including five fatal stabbings, has been ordered held without bond. Elias Abuelazam (A'-boo-LAH'-zuhm) was arraigned by video in a Flint, Mich., court today on a charge of assault with intent to murder in connection with a July 27 attack. He'd been flown to Michigan from Atlanta earlier in the day.[2]

On Aug. 11, investigators went to a market outside Flint where Abuelazam had worked for a month. A store video showed Abuelazam matched the description of the suspect. He had not been seen at work since Aug. 1, when he told people he was off to Virginia.

Using electronic records, investigators tracked Abuelazam to Atlanta's airport and arrested him at the boarding gate.[4]





Elias Abuelazam, 33, is accused of stabbing 14 men in the Flint area, including five who died, and attacking four others in Virginia and Ohio. All of the attacks were on men and most were African American.

Abuelazam appeared for his arraignment via video from the jail. He was charged in one nonfatal attack in the Flint area and being held in the Genesee County Jail. Judge Nathaniel Perry III ordered he be held on no bond.

Abuelazam will be back in court Aug. 31 for a pretrial hearing.

Genesee County Prosecutor David Leyton said in court that more charges – including murder charges for the deaths of five Flint-area men – will be filed against Abuelazam.

“I believe he is not sick,” Leyton said of Abuelazam at a news conference after the hearing. “He is evil.”-trb


Abuelazam’s attorneys, Brian Morley and Edwar Zeineh – both based in Lansing – were also in court. After the hearing, Morley said he’s waiting to receive discovery from the prosecutor’s office.[1]

Many of the victims reported to police that their attacker stabbed them after first asking them for help, police have said. The attacks in the Flint area happened between May and August, when it's believed Abuelazam attacked three other men in Leesburg, Va., and one in Toledo, according to police.[1]

Etwan Wilson, 17, who was attacked and stabbed in early August in Flint, was in court today. Wilson, whose lungs, liver and heart were pierced when he was attacked, by a man who asked him for directions. He has a long scar on his chest from where doctors had to operate.[1]

He was disappointed Abuelazam wasn’t there in person.[1]

“I wanted to see him,” Wilson said of Abuelazam. “I wanted him to see me.”[1]


Abuelazam, an Israeli citizen, was arrested at the Hartsfield-Jackson Atlanta International Airport, where he planned to board a plane to Tel Aviv, Israel.[1]



Detectives from the Flint Michigan State Police Task Force that investigated the serial killings and stabbings met at 5:30 in the morning before flying to Atlanta on board a Michigan Department of Transportation plane. [3]

The twin engine King Air craft arrived in Atlanta around 8 a.m. Detectives headed straight to the Fulton County Jail and picked up their suspect. [3]

After leaving the jail, Elias Abuelazam was never in the custody of anyone other than the Michigan State Police detectives who led the investigation into Genesee County’s 14 stabbings, five of which were deadly.[3]

This is a rare situation. Usually law enforcement agencies pay a private extradition service to bring fugitives to Michigan to face charges, but Abuelazam is no usual fugitive.

There are several reasons for this special transport operation.[3]

Police say due to Abuelazam’s alleged violent tendencies, they wanted to keep him isolated and under their control. He was surrounded by four detectives and chained during transport.[3]

Police also say due to the high-profile nature of the case they wanted to protect Abuelazam from any form of revenge attack. They kept their arrival times and route confidential until the last minute, when they walked him before NBC25’s camera. Abuelazam also wore a bullet-proof vest.[3]

A Flint Police transport van escorted by Michigan State Police took the suspect straight to the Genesee County Jail from the airport. [3]

There inmates expecting to be released were held in a bullpen, while deputies armed with Tasers booked Abuelazam.[3]

“There was like seven police behind this big guy,” said Dean Campbell, a former inmate who witnessed Abuelazam’s booking. “They had him in a bullet proof vest.”[3]

Campbell says Abuelazam acted with arrogance, smirking during his mugshot.[3]

Campbell says inmates jeered at the suspected serial killer through it all, but Abuelazam’s defense attorney says his client told him he felt he was being treated with professionalism.[3]

“I asked about the plane ride,” says defense attorney Brian Morely. “He said it was fine, professional. I asked him how jail was. He said there have been no problems. No backlash.”[3]







His plane landed in Flint on a Bishop International Airport runway and taxied to a hangar at AvFlight at 12:16 p.m.[1]

He de-boarded the 10-to-12-seat Michigan-owned plane, escorted by several Michigan State Police officers and wearing a bulletproof vest. He was put into the back of a Flint Police Department van.[1]

He looked to be staring to his left out of the van toward a bank of reporters, photographers and videographers when the van’s doors were closed and he was driven off by 12:22 p.m.[1]












[1]

http://www.freep.com/article/20100826/NEWS06/100826022/Flint-slasher-suspect-ordered-held-without-bond


[2]

http://www.9and10news.com/Category/Story/?id=249354&cID=3


[3]

http://www.connectmidmichigan.com/news/story.aspx?id=502710


[4]

http://www.npr.org/templates/story/story.php?storyId=129453382

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EVIL has returned to Flint MI.

evil, drawing 082610,
originally uploaded by terrybankert.

HE HAS ARRIVED, Arraignment afternoon of Thursday 08/26/10 expected to be in the Mcree Building 68th District Court Judge Perry expected to be the presiding judge.




……News has learned that serial murder suspect Elias Abuelazam will be flown from Atlanta to Michigan Thursday morning. [1]



Elias Abuelazam, 33, will be extradited to Genesee County Thursday.

Abuelazam was arrested Aug. 11 at an Atlanta, Georgia, airport, allegedly trying to flee the country.[3]

KNIFE WEAPON OF PREFERENCE

He is charged with attempted murder for a knife attack in Flint on July 27. He is suspected in at least 18 stabbings across three states.[3]

VICTEMS TO BE IN COURT

Some victims tell NBC25 they have received notice and plan to be in court to face him Thursday afternoon. [4]

How can a fair ID be made if the victims seem him first at the arraignment?



Abuelazam is a suspect in a string of knife and hammer attacks that left five people dead and 13 injured. [1]



ASSAULT WITH INTENT TO MURDER



So far Abuelazam has only been charged with one count of assault with intent to murder In Genesee County. Genesee County Prosecutor David Leyton promises many more charges are pending. His office is still gathering evidence. [4]



MICHIGAN CRIMINAL JURY INSTRUCTIONS

CJI2d 17.3 Assault with Intent to Murder

(1) The defendant is charged with the crime of assault with intent to murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant tried to physically injure another person.

(3) Second, that when the defendant committed the assault, [he / she] had the ability to cause an injury, or at least believed that [he / she] had the ability.

(4) Third, that the defendant intended to kill the person [he / she] assaulted [, and the circumstances did not legally excuse or reduce the crime] .*



CRIMINAL ARRAIGNMENT

Arraignment

A. In General



In general, there are three kinds of arraignments, depending on the nature of the charges and the nature of the court: district court arraignment on a misdemeanor charge, district court arraignment on a felony charge, and circuit court arraignment on a felony charge. In each case, the general purpose of the proceeding is the same—to advise the defendant of the nature of the charge and of his or her procedural rights and to permit the defendant to claim or waive those rights. [5]

At the arraignment, the charging document is read (or the reading is waived), and conditions or amount of bail may be set, amended, or continued. [5]

There are special provisions in the court rules for a preliminary arraignment when the arrest is made in a county other than that in which the charges have been made. See MCR 6.104(C). [5]

MCR 6.006(A) provides that district and circuit courts may use two-way interactive video technology to conduct the initial arraignment on the warrant and arraignments on the information as well as pretrial’s, pleas, and sentencing for misdemeanors, among other proceedings. Under the system, the arraigning judge can see the defendant and the defendant can see the judge. The use of this technology must be in accordance with the requirements and guidelines established by the SCAO, and all proceedings must be recorded verbatim by the court. MCR 6.006(D). [5]

After the reading (or waiver of the reading) of the complaint in a district court felony arraignment, the defendant is given the opportunity to demand or waive a preliminary examination. MCR 6.610(H). [5]

At a district court felony arraignment, the accused must be advised of the rights provided in MCR 6.104(E). He or she must be informed of the maximum possible prison sentence and any mandatory minimum sentence. MCR 6.104(E)(1). [5]

On arrest, or by an order on completion of arraignment, fingerprints of the defendant are to be taken when the charged offense is a felony or misdemeanor or ordinance violation punishable by imprisonment for more than 92 days. MCL 28.243 (which also applies to certain criminal contempt’s), 764.29. [5]

In 2009, MCL 750.520m was amended to require that DNA testing is mandatory when a person is charged with a violent crime, as defined by MCL 791.236(19). This includes murder and manslaughter, kidnapping, criminal sexual conduct, robbery, carjacking, mayhem, and felony assaults. [5]



PREDICTABLY THE DEFENSE ATTORNEY WILL REQUEST A FORENSIC EXAMINATION WHICH WILL DELAY THE NEXT STEPM 30 DAYS PLUS



PRELIMINARY EXAMINATION

Preliminary Examination

A. Theory



§20.27 A preliminary examination in a felony case is a judicial proceeding in the district court to determine whether there is sufficient evidence to continue proceedings leading to a circuit court trial. The burden is on the prosecuting attorney to establish the existence of probable cause to believe that a felony (that is, an offense that cannot be tried in the district court) has been committed and that the defendant committed it. MCR 6.110(E). Except as specifically provided elsewhere by law, the Michigan Rules of Evidence (MRE) and other established rules of evidence apply. MCR 6.110(C). [5]

Under MCL 600.2167, the report of a forensic technician, pathologist, or medical examiner may be introduced as his or her testimony if you are given a copy and do not demand his or her presence in writing not more than five days after receiving a copy of the report. Even if you demand his or her testimony, it can be given by video or voice communication equipment on the timely request of the prosecuting attorney, or the preliminary examination may be adjourned so that the expert can be there. [5]









Police say they suspect the Israeli citizen and legal U.S. resident in 18 stabbings. Three happened in Leesburg, Virginia, one in Toledo, Ohio, and fourteen in Genesee County.

Five victims died in Genesee County. They include Flint Township resident 60-year-old Frank Kellybrew, and Flint residents 31-year-old David Motley, 59-year-old Emmanuel A. Muhammad, 43-year-old Darwin Marshall, and 43-year-old Arnold Minor. [4]



Police say Abuelazam drove at night hunting for victims. He would often ask them for help, then pull out a knife, slash their bodies, and speed away. In some cases he used other weapons, such as a hammer. [4]



Abuelazam was captured at Atlanta's Hartsfield Jackson Airport earlier this month as he tried to board a plane to Israel. He waived extradition and has been waiting for Michigan authorities to pick him up from the Fulton County jail. [1]

FOX 5 News has also learned that he has a first appearance hearing in Flint, Michigan Thursday afternoon. [1]



Extradition has long been a sore spot for sheriffs who contend state and federal authorities should pay more of the costs to return fugitives. Now economic troubles and budget deficits are forcing prosecutors and sheriffs to make tough decisions about who will face prosecution and who will remain free.[2]



Returning the stabbing suspect, Elias Abuelazam, to Michigan to face multiple murder charges is expected to cost between $2,000 and $10,000 at a time when Genesee County has an $18 million budget deficit.[2]



Then-U.S. Sen. Joe Biden introduced legislation in 2008 that would have devoted more federal funding to help regional and local task forces extradite fugitives. But the legislation stalled and has yet to gain widespread support from lawmakers.[2]



"We have to juggle with limited resources," said Genesee County Prosecutor David Leyton. "I have to do more with less, but so does just about everybody. We will do the job whether we get the extra help or not."[2]



Details of his departure from Atlanta are being closely guarded, but media outlets in Michigan were given advanced notice of Abuelazam's arrival.[1]



There is no word on exactly when Thursday or how Abuelazam will be transported back to Michigan.[3]



He is expected to be held in the Genesee County Jail upon his return.[4]









The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraignment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to

http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/




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http:///www.attorneybankert.com


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See

[1]

http://www.myfoxatlanta.com/dpp/news/serial-stabbing-suspect-to-head-back-to-mich-082510


[2]

http://www.google.com/hostednews/ap/article/ALeqM5iUvQl_Gi0-DM1WOXKN6wK6XIAUBAD9HQ5O200


[3]

http://www.woodtv.com/dpp/news/central_mich/Serial-stabber-suspect-in-MI-Thursday




[4]

http://www.connectmidmichigan.com/news/story.aspx?id=502287




[5]

Michigan Basic Practice Handbook ch 20 (ICLE 6th ed 2007), at http://www.icle.org/modules/books/chapter.aspx/?lib=general&book=2007553820&chapter=20


(last updated 08/13/2010).






The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraigment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/

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