People v. Kahn CA3

FACTS AND PROCEEDINGS

Factual Background The following facts are taken from the probation report, which is the only source of the facts in the record on appeal. “On September 27, 1996, the 24 year old victim did not appear at his job or contact his employer. When his brother, also his roommate, returned home that evening he found the victim’s vehicle was gone from its parking spot at their apartment complex. Earlier in the day, the victim’s family had become alarmed and telephoned the victim’s brother when the victim had been reported absent from work. The victim’s brother called the police to file a missing person’s report. “When officers arrived, the victim’s brother and officers began checking the apartment for the victim’s personal belongings. The victim’s brother opened a closet door in the victim’s bedroom where he saw a blanket spread out on the floor. When he pulled the blanket back, the victim’s brother found the nude body of the victim, face down with his hands tied behind his back with a necktie. Another necktie was tightly wrapped around the victim’s neck . . . . The victim’s ankles were tied together with a long-sleeved T-shirt. “On September 27, 1996, the defendant…