Legal and Law Questions - * No Discussion *

[kappy50]

Hi AZ...well after the events of yesterday and certainly today...if this investigation gets closed...would now be the time for LM to file a suit/charges against at least against TS ??

 

[noopy]

AZ, Logan's lawyer suggested EJ could walk in 1 YEAR with what they have.... please say it isn't true?

 

[AZlawyer]

AZ...what are the libel laws in regards to news outlet's.? Don't they have to have their own legal team review it before they air ?? In this case if TPS's attorrney did not like what he heard, can he have it pulled ??? I am sure I am not asking this properly, so please bear with me.

News teams are not required to consult their lawyers or even to have lawyers. Regarding the tape of the phone call, there is no way it's libel to say, "Here's a tape of a phone call between TS and EJ." That's clearly true, right?? So if TS's attorney got it pulled by threatening a libel suit, then the news organization is wussier than most.

Hi AZ...well after the events of yesterday and certainly today...if this investigation gets closed...would now be the time for LM to file a suit/charges against at least against TS ??

Even for a civil suit, LM is going to need more evidence than he has now to sue TS. And I'm not sure it's money he wants anyway; I think he wants his son back.

AZ, Logan's lawyer suggested EJ could walk in 1 YEAR with what they have.... please say it isn't true?

The only reason she's facing any serious prison time is because of the text she sent saying she killed Gabriel--that's what triggered the kidnapping charge. A year would not be out of the question as a sentence for giving away or even selling your baby to keep him away from the custodial parent. Which is insane, of course. :banghead:

 

[TXHOPE]

AZ-Do you think LE released the tape?

 

[BeanE]

News teams are not required to consult their lawyers or even to have lawyers. Regarding the tape of the phone call, there is no way it's libel to say, "Here's a tape of a phone call between TS and EJ." That's clearly true, right?? So if TS's attorney got it pulled by threatening a libel suit, then the news organization is wussier than most.

Hi AZ. It wasn't the tape of the EJ/TS phone call that is now gone from the website, it's a video of an interview with a friend of Elizabeth who has been visiting Elizabeth. In it he says such things as Elizabeth told him that it was Tammi who arranged the couple for the hand off in the park.

An edited video appeared the next morning, from which everything the friend said that Elizabeth said that Tammi did was removed.

So, it's a friend claiming that Elizabeth told him these things about Tammi.

Does that change anything?

 

[AZlawyer]

Hi AZ. It wasn't the tape of the EJ/TS phone call that is now gone from the website, it's a video of an interview with a friend of Elizabeth who has been visiting Elizabeth. In it he says such things as Elizabeth told him that it was Tammi who arranged the couple for the hand off in the park.

An edited video appeared the next morning, from which everything the friend said that Elizabeth said that Tammi did was removed.

So, it's a friend claiming that Elizabeth told him these things about Tammi.

Does that change anything?

I still think the news team would have to be a bunch of scaredy cats to take down that video based on a libel threat. They are reporting what a witness says. If the witness (SS) turns out to be lying, or if the person who told the witness the story (EJ) turns out to have been lying, how is that the news team's fault?

AZ-Do you think LE released the tape?

OK, on this one we ARE talking about the jail phone call tape, right? If a Big Media person (FOX news, the Arizona Republic, etc.) asked the jail for the tape, their public records request would most likely be honored and the jail would release the tape. If you or I asked (even if I put the request on my letterhead), we would probably be ignored. Just the way it seems to work here. :banghead:

 

[BeanE]

I still think the news team would have to be a bunch of scaredy cats to take down that video based on a libel threat. They are reporting what a witness says. If the witness (SS) turns out to be lying, or if the person who told the witness the story (EJ) turns out to have been lying, how is that the news team's fault?



OK, on this one we ARE talking about the jail phone call tape, right? If a Big Media person (FOX news, the Arizona Republic, etc.) asked the jail for the tape, their public records request would most likely be honored and the jail would release the tape. If you or I asked (even if I put the request on my letterhead), we would probably be ignored. Just the way it seems to work here. :banghead:

Thanks, AZ. With the interview with SS, as it turns out, it was simply a matter of tapes done at night can be longer than tapes in the morning, and the reporter is trying to get the full interview (the night tape) of SS back up on the website for our viewing pleasure

On the jail EJ <> Tammi tape, as that one turns out, the reporter told Momtective that an unnamed source gave her that audio, versus it being via a public records request.

 

[iluvmua]

How many years in prison is TS facing with her current charges?

 

[AZlawyer]

How many years in prison is TS facing with her current charges?

2 to 7.5 years.

 

[OneLove]

With TS's chiropractor filing a lien, what is the probability that TS will sue people for comments and questions posted online concerning her, win a financial judgement, and the chiro will get paid through this action? I'm not sure I'm understanding this issue.

 

[AZlawyer]

With TS's chiropractor filing a lien, what is the probability that TS will sue people for comments and questions posted online concerning her, win a financial judgement, and the chiro will get paid through this action? I'm not sure I'm understanding this issue.

I'm not sure I understand either, but most likely that's because I'm not following the details of the case. Are you saying that TS's chiropractor recorded a lien for unpaid medical bills? Are you suggesting that the lawsuit she would bring would be for defamation? If so, my answer is (1) it is extremely unlikely that TS could win a defamation suit against anyone regarding this case, (2) assuming that she did, a medical lien would not get paid that way. Unless the chiropractic sessions were somehow caused by the defamation??

 

[kappy50]

Hi Az..thanks for your time....curious...when it's time for TS to go to court on her charges, can/ or will any of the public statements she has made come into play ?? Also, could JS be called as a witness for either ???

 

[AZlawyer]

Hi Az..thanks for your time....curious...when it's time for TS to go to court on her charges, can/ or will any of the public statements she has made come into play ?? Also, could JS be called as a witness for either ???

Yes, her statements could be used, and JS could be called as a witness.

 

[kappy50]

Hi AZ..Thank you so much for your time and consideration.....TPS is a POI..and now has charges against her, can LE still do searches of her home/home's and or business/business's...no matter where they are located..and although JS is NOT a POI at this time, could that change and the same applications apply???

 

[AZlawyer]

Hi AZ..Thank you so much for your time and consideration.....TPS is a POI..and now has charges against her, can LE still do searches of her home/home's and or business/business's...no matter where they are located..and although JS is NOT a POI at this time, could that change and the same applications apply???

I don't believe "person of interest" is a real legal status, but in any event LE can do searches if they can show probable cause, whether a person is a POI or not. It is tougher to arrange searches out of state, but there are procedures to get those done also.

 

[saba]

hi AZ- if Elizabeth goes to a mental health facility because she is not competent but restorable, and then eventually goes to trial and is convicted, will her time at the facility count as timed served the same way as if she were in her jail cell pending trial? Thanks in advance-you're the best-

 

[AZlawyer]

hi AZ- if Elizabeth goes to a mental health facility because she is not competent but restorable, and then eventually goes to trial and is convicted, will her time at the facility count as timed served the same way as if she were in her jail cell pending trial? Thanks in advance-you're the best-

Yes.

 

[southern_comfort]

Butting in...
Isn't Arizona one of the states that differentiates between confinement for punishment vs. treatment when determining credit for time served? I'd have thought "no".

 

[noopy]

Yes. But we're getting ahead of ourselves, because I don't think there's much chance of her being found incompetent to stand trial AND being found not restorable AND being charged with homicide, considering that the only evidence really of homicide is her admission in a text message--the admission of a person who we would, at that point, have declared crazy.

hi az... so now that she's been found incompetent, and maybe/maybe not restorable (we'll know in august), what happens? the below article says they will have to DROP charges against her if found not restorable?? so she will be free to go? spend some time in a hospital, maybe recover, and walk as a free person because she was incompetent when she maybe killed someone??? shocking...

if this is the way it works, wouldn't all murderers act insane, plead insanity and skip trial, get freed, spend some time in a hospital, and then start over and then maybe kill someone again cuz... they can get away with it? after all, they did it cuz they were 'incompetent' right? i actually hope she really went mad after she did this to her son, that would be justice in a way. but if she was faking it... or recovers right after the charges are dropped... then does that mean she is above the law??

Superior Court spokesman Vincent Funari said there will be another hearing August 12 to decide the length and conditions of the rehabilitative process, which could take up to nine months.

If after that time, doctors are unable to restore her to competency, a judge must drop charges against her and commit her to state hospital.



http://www.azcentral.com/news/articles/2010/06/03/20100603tempe-baby-garbriel-mother.html

 

[danisisa]

AZ Lawyer....Now that EJ has been found incompetent to stand trial, why hasn't TPS been charged with taking advantage of a vulnarable adult and abuse. She obviously facilitated this whole thing and admitted in the phone conversation that she told EJ to go to a shelter. Also, how is EJ considered incompetent when she admitted that everything TPS told her to do was illegal.

Why are the courts not concerned with where Gabriel is? It seens all they are worried about is making sure TPS and EJ have due processs, but are not recognizing the rights of G?