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Does anyone remember what year the federal law went into effect that requires authorities to take a missing person's report on minors, and no longer allows them to enforce a waiting period?
I thought for sure the law was enacted in or had taken effect by 93, and that police HAD to take a missing person's report, but not necessarily actively search for the missing person.
According to wikipedia (I need to look for a better source), it says it was enacted in 1990. QUOTE:
The National Child Search Assistance Act of 1990 (NCSA) (42 U.S.C. 5779 (Reporting Requirement) and 42 U.S.C. 5780 (State Requirements): The NCSA requires local, state and federal law enforcement agencies to immediately enter information about abducted children into the National Crime Information Center (NCIC) database without requiring a waiting period.
National Child Search Assistance Act - Wikipedia, the free encyclopedia
If my memory is correct, when Emily went missing, the local police were required by federal law to at least take the missing persons report, and possibly even enter the info into NCIC within a certain amount of time. I thought it was within 24 hours. (According to wiki, the law has been amended and that time period has been reduced.)
If this was the law in 93, didn't the police break a federal law when they basically told Emily's mom that already had too many missing persons cases to be bothered with taking the report? Is that phrase "abducted children" actually in the law? Does it give them a loophole to get out of taking the report because it doesn't say "missing children"? At the time, Emily's mother only knew that she was missing and didn't know that she had actually been abducted.
Imo, Emily lied about where she would stay that night. That's what teenagers do - can attest to four of them doing just that.
The friend didn't want any part of it - can't blame her.
So who lured Emily away that night? Not a stranger, imo.
You are assuming that her account is accurate. If they were legally required to do it, I don't think an LEO would refuse. They might do anything afterwards, but they would take the report. And in any case, there was nothing preventing the mother from doing the report with someone else or in person.
The Victoria Advocate
March 19, 1993
The woman who was three months pregnant at the time of her death...
She was found naked and bound by rope at her hands and feet about 35 miles southwest of Austin...
According to an autopsy...the woman was strangled with the same kind of rope that was used after her death to bind her hands and feet.
Initially her body was buried as Jane Doe in Bracken Cemetery on March 30, 1993 by Zoellers Funeral Home, but was later exhumed and buried as Emily Jeanette Garcia in Somerset, Texas by her family.
According to Garcias mother, Sheila Smith-Ramirez, they received a copy of the original Death Certificate on Sept 9, 2003, but it did not list her daughter as Jane Doe instead, it said N/A. They also have her listed as Caucasian and not of Hispanic Origin, which she was. The cause of death is listed as strangulation, but newspaper articles claimed she had been sexually abused and that she was already dead before the killer(s) tied her up.
So as you can see, there are many inconsistencies in this case.
Registration of a fetal death is not required in Texas if the weight is under 350 grams or if the weight is unknown, the period of gestation is less than 20 completed weeks. The weight of the fetus or, if the weight is unknown, length of gestation is determined by the physician, medical examiner or justice of the peace, as the case may be. When a pregnant woman dies a fetal death certificate is required only if the fetus is removed from the mother’s body and the fetus weighs 350 grams or more, or if the weight is unknown, a period of gestation of 20 completed weeks or more at the time of the mother’s death.
A Report of Death (Form VS-115) must also be filed with the local registrar within 24 hours of taking custody of a fetus by the funeral director or other person acting as such who first assumes custody of the fetus. [25 TAC §181.2(a)] Instructions for completing the Report of Death form are found in Chapter 3 of this handbook.
When an abandoned infant or fetus is found dead, a question may arise as to whether the event should be registered as a fetal death, or as a live birth followed by an infant death. The case must be referred to the medical examiner or justice of the peace for investigation and certification because the body was found abandoned. If the medical examiner or justice of the peace believes that the infant died prior to delivery, and the weight of the fetus is at least 350 grams or more, then the death must be registered using the Certificate of Fetal Death.
I was wondering that too!I have a question; how did Emily know she was pregnant with a boy? She was only 3 months and had not seen a dr yet. Or did I misunderstand and the gender was not discovered until after their death?
Regardless, this case is stinky. And hinky.
I wonder why Sheila was told she had to wait 48 hours before she could report Emily missing?
I cannot stop thinking about this!
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So the family still has not had any contact with Emily's "friends". What about the boy that Emilys mom went to meet at the restaurant. What happended happened to him?
I have a question; how did Emily know she was pregnant with a boy? She was only 3 months and had not seen a dr yet. Or did I misunderstand and the gender was not discovered until after their death?
Regardless, this case is stinky. And hinky.