GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 #11

[bessie]

My understanding of the reasons for a commitment hearing is to determine if LE has enough evidence to hold the defendant and take the charges to trial. Since there's no chance of SM being released due to the murder charge there's no benefit to SM for a commitment hearing on the CP. As Smooth said, that would just put more negative info in the media. At this point, we don't know if the CP charges will be admissible in the murder trial so why put that in potential jurors minds? I do wonder why the charges are listed as child endangerment. JMO

I agree, there is no benefit to a commitment hearing on the sexual exploitation charges.

Child endangerment is a non-specific term similar to "child abuse", and most often refers to forms of neglect and behavior that puts a child at risk of mental, emotional, and/or physical harm. I suppose in a broad way it applies, but why not just call it what it is, sexual exploitation of a minor, or simply sexual exploitation?

Here's a little info on "child endangerment" and the state of Georgia.

Stricter child endangerment laws are constantly being reviewed by each and every state. While most states have had child endangerment laws for many years, in 2004 Georgia became the last state to add child endangerment laws in the felony category. The child endangerment law allows prosecutors to hold parents and caregivers criminally accountable for reckless and negligent behavior that places a child in jeopardy. Specifically, the bill adds criminal negligence, a felony punishable by up to 10 years in prison, to the state's child cruelty statute.

http://www.criminal-law-lawyer-source.com/terms/endangerment.html

And here is where those laws are covered in the Georgia statutes.

§ 16-5-70. Cruelty to children


(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.

(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.

(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.

(d) Any person commits the offense of cruelty to children in the third degree when:

(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or

(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
http://www.lexisnexis.com/hottopics/gacode/default.asp

The sexual exploitation statutes come under the section of Title 16 dealing with morals and obscenities.

ETA: Criminal negligence as defined in the Georgia code:

(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
http://www.lexisnexis.com/hottopics/gacode/default.asp

 

[bessie]

Ha! The article's been updated.

Stephen McDaniel Waives Hearing on Child-*advertiser censored* Charges

District Attorney Greg Winters said McDaniel's attorney Floyd Buford waived McDaniel's right to a commitment hearing on child- exploitation charges because Buford doesn't think it would be helpful at this time.

http://www.13wmaz.com/news/article/144335/175/McDaniel-Waives-Hearing-on-Child-Endangerment-Charges

 

[Backwoods]

I agree, there is no benefit to a commitment hearing on the sexual exploitation charges.
Child endangerment is a non-specific term similar to "child abuse", and most often refers to forms of neglect and behavior that puts a child at risk of mental, emotional, and/or physical harm. I suppose in a broad way it applies, but why not just call it what it is, sexual exploitation of a minor, or simply sexual exploitation?

Here's a little info on "child endangerment" and the state of Georgia.
http://www.criminal-law-lawyer-source.com/terms/endangerment.html

And here is where those laws are covered in the Georgia statutes.

The sexual exploitation statutes come under the section of Title 16 dealing with morals and obscenities.

ETA: Criminal negligence as defined in the Georgia code:

about what I bolded: Actually, in the Georgia statute, child endangerment is not as non-specific as child abuse, in one sense, since it applies to the behaviors of parents and caregivers.

But I guess (I hope) this has all been much ado about a reporter's mistake only -- since I see you've posted a link to an UPDATED 13WMAZ report that changes the charge back to "child exploitation". What a weird mistake for them to make, though!

 

[Backwoods]

This is all still just kind of swirling without definite form in my head, but -- given the FBI delegation at the landfill; the categorization of the murder charge as felony murder but without specifying the accompanying felony; and now, bessie, a reminder at one of the links in your previous post about different courts/statutes handling state and federal charges ... could it be that a federal charge is shaping up in here somewhere? (I started thinking about this when we were having the DNA sample discussion, since, I believe, a federal offense can require a compulsory DNA sample upon arrest even in states -- such as Georgia -- where a similar circumstance, charged under state statute, would not require one.)

I am thinking maybe kidnapping, or child exploitation charges ... I don't know. What federal charges might be possibilities? Like I said, just sort of mulling possibilities over.

 

[pearl]

Is it a federal crime to solicit child *advertiser censored* over the internet? We hear a lot on the news about people being arrested due to internet child *advertiser censored*. I don't know the applicable laws and wouldn't know where to look for them. If he had the pictures on a flash drive, he had to download them from somewhere didn't he? Or can you load pictures from a camera to a flash drive? I'm not really all that tech savvy. Just a thought.
Also, back to the possible DNA sample from SM. If foreign DNA was found on Lauren's torso or at the crime scene(s), could SM then be made to give a DNA sample to see if it matched? I thought surely a probable cause search warrant would get LE a sample. I guess I'm wrong on that.

 

[bessie]

Is it a federal crime to solicit child *advertiser censored* over the internet? We hear a lot on the news about people being arrested due to internet child *advertiser censored*. I don't know the applicable laws and wouldn't know where to look for them. If he had the pictures on a flash drive, he had to download them from somewhere didn't he? Or can you load pictures from a camera to a flash drive? I'm not really all that tech savvy. Just a thought.
Also, back to the possible DNA sample from SM. If foreign DNA was found on Lauren's torso or at the crime scene(s), could SM then be made to give a DNA sample to see if it matched? I thought surely a probable cause search warrant would get LE a sample. I guess I'm wrong on that.

In reply to your first question, Pearl.

Title 18 > Part I > Chapter 110 > Section 2252A
§ 2252A. Certain activities relating to material constituting or containing child *advertiser censored*
Title 18 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Feb.1, 2010, and it is this version that is published here.


...(5) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child *advertiser censored*; or
(B) knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child *advertiser censored* that has been mailed, or shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer...

http://www.law.cornell.edu/uscode/H...=2010-06-28&proctime=Tue Jun 29 10:11:34 2010

As for the DNA sample, it looks like in Georgia, the answer is no.

 

[Backwoods]

new story up on macon.com

QUOTE:

Landfill searchers ‘doing all we can’ to help Giddings familyhttp://www.macon.com/2011/09/16/1705568/searchers-doing-all-we-can-to.html

"It has been two and a half months since the eldest of Karen Giddings’ three children was slain.
Her 27-year-old daughter’s death has become a front-page, top-of-the-newscast mystery that is as chilling as it is disheartening...."









read more at: http://www.macon.com/2011/09/16/1705568/searchers-doing-all-we-can-to.html

 

[bessie]

I hope this is true:

“Nobody conducted this search for investigative purposes,” Macon police Sgt. Scott Chapman said. “We don’t need remains to prosecute. We already had a case on the subject in custody. That’s how we were able to make an arrest. There is nothing that says that we had to conduct this search to better our case.”

Read more: http://www.macon.com/2011/09/16/1705568/searchers-doing-all-we-can-to.html#ixzz1Y5Pi96SF
​

 

[Backwoods]

Also an updated version of the earlier macon.com story on the commitment hearing being canceled -- a bit more info, not a whole lot.

"McDaniel hearing on *advertiser censored* charges canceled"

See at link: http://www.macon.com/2011/09/16/1705526/mcdaniel-hearing-cancelled.html

 

[SouthernKate]

I hope this is true:

Read more: http://www.macon.com/2011/09/16/1705568/searchers-doing-all-we-can-to.html#ixzz1Y5Pi96SF
​

The part from Mrs. Giddings saying she just wants her hands...so very sad.

And Buford says McD is getting his color back and the PI is making significant progress? Hrmmmm...that's interesting.

 

[GypsiesTramps&Thieves]

Is it possible that Buford thinks there is no "need" for a hearing on the *advertiser censored* charges because SM is planning on pleading guilty anyway to those charges?

 

[Sandstorm]

Is it possible that Buford thinks there is no "need" for a hearing on the *advertiser censored* charges because SM is planning on pleading guilty anyway to those charges?

GTT, I ditto your question. Would one of our attorneys mind explaining to us the implications of the cancellation on the child *advertiser censored* hearing?
And what happens next with the child *advertiser censored* charges? Thanks!

 

[Sandstorm]

The part from Mrs. Giddings saying she just wants her hands...so very sad.

And Buford says McD is getting his color back and the PI is making significant progress? Hrmmmm...that's interesting.

(Bolded for emphasis)

SouthernKate, maybe McD has decided to deviate from his original "Feign to be Insane" plan.
As for Buford's significant progress report: the only progress I can see is that McD isnt able to commit further crimes. Imagine being incarcerated for 2 burglaries, 7 child *advertiser censored* possession charges, and a murder charge. That is quite a dark hole. IMO, the fact that more charges have not been made so far is progress for McD.

 

[GypsiesTramps&Thieves]

GTT, I ditto your question. Would one of our attorneys mind explaining to us the implications of the cancellation on the child *advertiser censored* hearing?
And what happens next with the child *advertiser censored* charges? Thanks!

Right. Back in July (I think) there was a shooting in broad daylight in a parking garage in Midtown Atlanta. One girl was killed, two injured. The shooter had been identified and the guy turned himself in later that day. I remember reading in the AJC the next day that the guy waived his right to an arraignment and I figured that it was because he had been identified, turned himself in, and was planning on pleading guilty. I can't help but think that the idea that this hearing is not "needed" is because he is planning on pleading guilty to these charges. Lawyers, please weigh in....

 

[Knox]

The portion of her remains that was found was cremated and buried in her home state.

“I think because we had a funeral and we have had a burial that my heart and my mind think of that as closure,” Karen Giddings, 50, said by phone this week. “But then, ... I think about the fact that it was just a torso.”

She paused, then said, “You think of her beautiful face and hair and her hands -- I want her hands -- and that’s very hard. But I know that her body isn’t who she is.”

Read more: http://www.macon.com/2011/09/16/1705568/searchers-doing-all-we-can-to.html#ixzz1Y8wMRYE9​

McD, I'm certain you murdered Lauren. I hope you suffer horrible afflictions for the rest of your days on this earth and beyond for what you did.

Still holding out hope, the McD parents can influence their son to do the right thing!!

 

[Backwoods]

new at macon.com:

QUOTE:

Landfill hunt for Giddings’ remains endshttp://www.macon.com/2011/09/16/1706235/landfill-hunt-for-giddings-remains.html

"The search of a Twiggs County landfill for the remains of a slain Mercer University law graduate ended Friday morning without success. ..."

read more at: http://www.macon.com/2011/09/16/1706235/landfill-hunt-for-giddings-remains.html

 

[Backwoods]

Also, from 13WMAZ:

QUOTE:

Giddings Search Ends at Twiggs Landfill

"Macon police and the FBI have ended their week-long search at a Twiggs County landfill for Lauren Giddings' remains."





link: http://www.13wmaz.com/news/article/144429/175/Giddings-Search-Ends-at-Twiggs-Landfill-

 

[SmoothOperator]

As a mother I was brought to tears streaming in knowing exactly what Karen Giddings is talking about in saying she wants Lauren's hands.. I know this feeling so well of what my Childs hands mean to me as a mother.. It's one of the very first things that you look at and touch the moment that are brought into this world taking their first breaths of life.. Those tiny little hands that even as a newborn they reactively cling to and wrap their tiny little fingers and hand around one of our fingers.. As they so rapidly grow out of that newborn stage into that chubby baby stage and those little fingers and hands that we as mothers so often sit and stare at them with amazement, awe, and all their precious beauty.. Soon they aren't even babies anymore but quickly growing into little human beings as children walking and talking.. Using those beautiful little hands to express themselves and to emphasize so much in their little lives.. We, as mothers continually holding, rubbing, and kissing those beautiful little hands and find it amazing how much theyve grown in such a little amount of time.. By this point easily recognizable just whose hands your child has.. Are they little replicas of our own hands?.. or are they mini versions of their daddy's hands?.. Either way they are wonderful in so very many ways to us mothers.. And as time marches on and truly within a blink of our eyes and we turn around and they've grown into a fine young woman or young man.. We still look at their hands as those of our once tiny little babies that were so dependant on us as their mother for every single need.. Now so much has changed.. They no longer depend on us to have their needs met, and they no longer are there at our sides tugging on our pant leg, that we look down and see our little one holding their little hands out to be held and loved by us..

Those are nothing but sweet and precious memories now, but even with our children as grown adult young men and women their precious hands still mean so very much to us as their mothers.. The hands of our child are very precious, very special, and are held close to a momma's heart.. As a mother I know this exact feeling, it's meaning, and exactly what Karen Giddings is talking about in her longing to have her beautiful, baby daughter's hands.. It's a detail that many would not think of or find to be of great importance or relevance but as a mother when I read the quote in Knoxy's post upthread about Karen's great desire and need to have Lauren's hands.. I know it and it hit me hard, straight to my heart and brought me to flowing tears of being able to relate to exactly what it is that Karen is speaking of in her desire to have those precious hands that she has stared in awe, amazement, and beauty at *for so very many years.. Kissed and rubbed them.. Placed many a band aid on the boo boos that Lauren likely had along the way of growing up.. The hands hold so much that people never truly think of or even realize until it is brought to the forefront of such a tragedy..

I pray now more so than ever that God find someway to allow this precious family the tiny solace of having all of her remains.. It is so very important.. I realize that as do I believe that the wonderful men and women volunteering their time from their FBI deskjobs, some even from other states, to come and search thru miles of garbage because they too know the importance that having all of her remains.. Just how much it means to this precious family and I thank them for their kindness and compassion.. May you and your loved one's be richly blessed in return for your acts of kindness with nothing *wanted in return.. It's a beautiful thing and I am brought much comfort in knowing there are still very good, caring, and selfless human beings that are willing to give of themselves to the perfect stranger in need.. It warms my heart..

 

[PlainJaneDoe]

I hope this is true:

Read more: http://www.macon.com/2011/09/16/1705568/searchers-doing-all-we-can-to.html#ixzz1Y5Pi96SF
​

This is very interesting. I think it's interesting that at a time when funding is tight, so much would be put into a humanitarian mission. I'm not saying this to be an <unusual person> or because I begrudge Lauren's family the resources. I am saying it because I am puzzled.

 

[bessie]

The hands of our child are very precious, very special, and are held close to a momma's heart.. As a mother I know this exact feeling, it's meaning, and exactly what Karen Giddings is talking about in her longing to have her beautiful, baby daughter's hands.

Nicely said, Smooth. I had those same thoughts when I read the article.