GUILTY VA - Tina Smith, 41, slain, 12yo daughter abducted, Salem, 2 Dec 2010 - #7

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On the FB discussion page, there is a photo montage of the changing faces of JE. Add the tatoo... Sure wish TS had been able to put the pieces together a few days sooner. Maybe she would still be alive.
 
hollyblue said:
JMO, but I'm feeling they are waiting for holidays to be over.??
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I sort of think it is more to do with the weather as so much is shut down here in the area. Yes all he would have to do is walk to the courtroom from his cell but attorneys and judges have to get there and the roads are getting pretty bad currently.
 
Strawberry Fields said:
I sort of think it is more to do with the weather as so much is shut down here in the area. Yes all he would have to do is walk to the courtroom from his cell but attorneys and judges have to get there and the roads are getting pretty bad currently.
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Strawberry, I was referring to TS's COD being released. Sorry my post didn't clarify that.
 
TexasLil said:
Question:

Does anyone know why the abduction case disposition states "Transferred to another Juris/Court"? If you search JSE's name here under Roanoke County District Court you can see the case infomation which also shows the planned arraignment hearing time and the case disposition I'm referring to.

http://epwsgdp1.courts.state.va.us/gdcourts/caseSearch.do?index=index
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Would it need to be handled by a Federal court? Felony? ????

Also, note it included itimidation in the abduction. Can someone explain what the difference is between abduction and kidnapping or is it one and the same? TIA
 
I was hoping that additional charges for JSE would be announced after the arraignment today. Guess with the delay we won't hear anything more until Friday.

OT - My appologies for rule breaking. I finally read the TOS and hopefully will stay out of trouble for a while.
 
hollyblue said:
Would it need to be handled by a Federal court? Felony? ????

Also, note it included itimidation in the abduction. Can someone explain what the difference is between abduction and kidnapping or is it one and the same? TIA
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These are Virginia's definition of the charges per the case information:

§ 18.2-47. Abduction and kidnapping defined; punishment.

A. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction."

B. Any person who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes another person with the intent to subject him to forced labor or services shall be deemed guilty of "abduction." For purposes of this subsection, the term "intimidation" shall include destroying, concealing, confiscating, withholding, or threatening to withhold a passport, immigration document, or other governmental identification or threatening to report another as being illegally present in the United States.

C. The provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.

D. If an offense under subsection A is committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, the offense shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. However, such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-47
 
I am SO lost! Who is JMc? JF? AM? ABCDEFG? XYZ? Lol. Who are the players in this horrible, twisted game?

Sorry for any inconvenience.

I'd also like to add:

1. that I am not surprised when educated, seemingly smart women hook up with losers. Happens ALL THE TIME. Women with low-self esteem, desperation for love, or socio-economic/cultural aspects bring them down this road. Just because a woman puts her life together doesn't mean she is an expert in relationships, or is emotionally all together.

Tina meets this guy, doesn't bother to do a background/court record check, within months he's moving in with her--and her YOUNG DAUGHTER?? Call me insensative if you must, but it's how I feel. I don't think Tina deserved to die at all, but it happens in these cases when you aren't careful and move into these relationships so quickly.

When will women realize that when you lie down with dogs, you don't wake up PERIOD, and your kids might not either.


2. I would not be surprised at all if Jeff made it a goal to find a woman who has a young daughter, woo her and gain her trust, and then slowly woo and gain the trust of the daughter, then kill the mother to get to the girl. End of story. Sneaky, manipulative, selfish, pedophile with no remorse or care for anyone but himself and his sick needs.
Just sayin.
 
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-47

This is VA's statute re: abduction/kidnap. It says the 2 terms are synonymous.

As for the transfer...I'm not sure but it could be at least 2 things: 1) It's been determined that TS's address was actually in a county other than Roanoke (I think Roanoke's general metro area is spread out into several counties.) If that's the case, then the case would need to be moved to the proper county. 2) Because JE crossed state lines with BS, a minor, it's a federal offense and thus could be moved to federal court.

Not sure of the advantage of moving to federal court but it could have to do with other pending federal charges that stem from, or are tied to, the abduction (my guess) OR the final sentencing guidelines. (If the federal sentencing is stricter, then by all means, please try this creep in federal court!)

Any so-called 'marriage', and/or any/all sexual contact between JE and BS while on the road outside the state lines of VA, would be outside the VA purview but inside the federal scope. Rather than take him back to the original state jurisdictions, it would be easier to try him under federal statutes in the federal court in VA. Same with interstate transportation of drugs or other contraband.

LE on all levels want this creep charged with as much as possible. If they can charge him in both federal and state courts, then the chances of keeping him incarcerated forever are more likely. Once all the charges are made public, we'll know more about LE's thinking but, off the cuff, these are my thoughts.
 
Strawberry Fields said:
Oh my goodness. Your post had made it perfectly clear what you meant. I was the one who read it wrong!!
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You may be right in the sense that if they had his arraignment today, they prolly would have (or I hope) released her COD if they added the murder charge to his list. IDK.. would they have to give the COD if pressing murder charges....at that time?
 
hollyblue said:
You may be right in the sense that if they had his arraignment today, they prolly would have (or I hope) released her COD if they added the murder charge to his list. IDK.. would they have to give the COD if pressing murder charges....at that time?
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It's my understanding that they would have to put the COD in the warrant charging him with murder. Warrants are sort of "fill in the blank" forms but any warrant charging anyone with the death of another would have to include how that death was caused.

The LE also want to get the warrant right the first time...they want the charge and the COD accurate. There may be some issue with exactly what caused TS's death...don't mean to sound gory, but sometimes, especially if there's been a substantial amount of time between the infliction of the injury (and/or death) and the discovery of the body, things are a bit murky.

We get spoiled watching shows like CSI because they use 'magic' equipment that doesn't really exist to examine forensic evidence. State labs are nothing like CSI, unfortunately.
 
Thinking outloud.... DNA evidence takes time to process. It's possible LE obtained hair, saliva (can't spell), etc from JSE when they were questioning him in CA and that may be what was meant by statement "The information and evidence that we have obtained here will be shipped back (to Virginia)," McPhail said. "It should be extremely productive." Also I recall seeing something on the AM search warrant in regards to obtaining clothing. My questions for some of you that have seen many cases on this site might be able to answer ???s. I've never followed a murder case so closely b4.

1. Could it be likely that formal charges are pending DNA test results?
2. Also, IF they obtained the clothing they were citing on the warrant; wouldn't that need to be processed as well?
3. If there were more than 1 person involved - would they hold off until they had all the suspects identified?

http://www.wtop.com/?sid=2196837&nid=25
 
You guys maybe they aren't releasing COD for Brittanys sake? I mean yeah she knows her mom is dead but she might not know HOW she died.
 
It would make sense for LE not to release the COD and TOD until they have all the info they can get from anyone involved...including Brittany. Little details that only certain people would know...people who were there when it happened.
 
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