Legal Questions for our VERIFIED Lawyers - Q & A ONLY ***No Discussion***

I've recruited one of our most respected WS members who is not only a verified attorney, but also someone who I am blessed to call a friend and fellow sleuthing buddy - AZlawyer. :heartluv:

She has graciously agreed to kick start this thread by answering our legal questions here in the Sievers forum. Hopefully, some of the other esteemed verified attorneys included in this list will join in to help her field our questions!


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Thank you for donating your time and expertise!

I have a question!
It might be a stupid question and not just related to this crime but to most cases I have read here.

Why do all these ppl that commit these crimes plead NOT GUILTY!

Whats the point?

What is the point of fighting extradition? Is extradition between states ever denied?

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A little background to bring you in the loop -

Two men, both residents of Missouri, have been arrested and both are charged with 2nd degree murder for the death of Florida doctor Teresa. Sievers. Both are still being held in MO. Jimmy Rodgers (JR) won't be extradited until he finishes serving time in MO for a probation violation. The other one, Charles Wayne Wright (CWW), originally was held pending a hearing on his motion for bond. That hearing was last week and they withdrew their motion for bond. He is still fighting extradition. That hearing is scheduled for Sept. 30th. However, the deadline for him to file his petition is Sept. 25th. While being held, we were made aware that CWW is also a suspect in an 19 yr. old MO case of missing Ronnie Bolin. While in custody, the lead detective in that case approached CWW last week and said

“He was a person of interest back when they first started investigating the case, and he’s still a person of interest now,” said Lt. Doc Coombs of the Jefferson County Sheriff’s Office in Hillsboro, Missouri.

Coombs said he spoke with Wright on Wednesday from the county jail where he is being held.

“I just said, ‘If you decide you would like to speak with me about Mr. Bolin’s demise, you can get in touch with me,’ and I left it at that,” Coombs said. “I didn’t anticipate that he was going to talk to me, but I wanted to let him know we were still investigating the case.”

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LINK

Note: Both Governors have signed orders of extradition.

How do negotiations work between LE in different states? IOW, can CWW agree to plead guilty to the Bolin case in order to either: 1) avoid immediate extradition to Florida to face charges in Dr. Sievers' case; and/or 2) negotiate a better deal with LE in Florida because the Murder 2 charge is likely to be upped to Murder 1. In other words, "take the DP off the table and I'll tell what I know"

And thirdly, should CWW confess to the Bolin case, would the MO governor rescind his Order extraditing him to Florida?

Will the sunshine state public disclosure be in affect immediately- 9/30/15?
Is CWW's lawyer privately selected or court appointed?
Will this attorney still be representing him in FL?
Basic questions but a place to start-


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Sheriff Scott said information (but not all) will be disclosed? I figure some information needs to be kept private BUT where is line drawn in the sand on these decisions???


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Eileen730 said:

I have a question!
It might be a stupid question and not just related to this crime but to most cases I have read here.

Why do all these ppl that commit these crimes plead NOT GUILTY!

Whats the point?

Click to expand...

To get leverage for a plea deal and/or to delay the ultimate sentence. And remember, it's perfectly possible to be found "not guilty" as a legal matter even if you committed the crime. Perhaps there isn't enough evidence, or the evidence isn't admissible, or the statute of limitations has passed...etc. etc.

Wyle_E_Coyote said:

What is the point of fighting extradition? Is extradition between states ever denied?

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If two states both have a reason to want to prosecute someone, an extradition request could be denied by one state. Also, if there is some flaw in the extradition request/paperwork, the request might be denied.

beach said:

A little background to bring you in the loop -

Two men, both residents of Missouri, have been arrested and both are charged with 2nd degree murder for the death of Florida doctor Teresa. Sievers. Both are still being held in MO. Jimmy Rodgers (JR) won't be extradited until he finishes serving time in MO for a probation violation. The other one, Charles Wayne Wright (CWW), originally was held pending a hearing on his motion for bond. That hearing was last week and they withdrew their motion for bond. He is still fighting extradition. That hearing is scheduled for Sept. 30th. However, the deadline for him to file his petition is Sept. 25th. While being held, we were made aware that CWW is also a suspect in an 19 yr. old MO case of missing Ronnie Bolin. While in custody, the lead detective in that case approached CWW last week and said

LINK

Note: Both Governors have signed orders of extradition.

How do negotiations work between LE in different states? IOW, can CWW agree to plead guilty to the Bolin case in order to either: 1) avoid immediate extradition to Florida to face charges in Dr. Sievers' case; and/or 2) negotiate a better deal with LE in Florida because the Murder 2 charge is likely to be upped to Murder 1. In other words, "take the DP off the table and I'll tell what I know"

And thirdly, should CWW confess to the Bolin case, would the MO governor rescind his Order extraditing him to Florida?

Click to expand...

Extradition is governed by the US Constitution, federal law, and state law. So it is not just a matter of negotiation. However, negotiation often takes place when two states have equally compelling desires to prosecute someone. This type of negotiation usually takes place between the two states (not LE, but the governors' offices), but certainly the defendant could make offers that might influence the negotiations one way or another.

observation said:

Will the sunshine state public disclosure be in effect immediately- 9/30/15?
Is CWW's lawyer privately selected or court appointed?
Will this attorney still be representing him in FL?
Basic questions but a place to start-


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Click to expand...

IIRC from the Casey Anthony case, there is an exception to the disclosure laws if the information to be disclosed would compromise an ongoing investigation. I'm not up on the details of this case yet, but I bet they have a lot of info that they need to keep quiet for a while still.

If CWW has a lawyer in Missouri, there is no way to know whether he was privately selected or court-appointed unless we have access to the court docket and/or orders. But if he was living in a trailer park, I would bet a lot of money that the lawyer is court-appointed.

The lawyer can't represent him in FL unless he's admitted in both states. There's a procedure to be admitted "pro hac vice"--for a limited purpose--but there are plenty of criminal defense attorneys in Florida and I don't see why the Missouri lawyer would have any special knowledge or reason to want to stay on for the FL case. If he's being paid big bucks by someone, of course, he would probably want to stay on if he could.

observation said:

Sheriff Scott said information (but not all) will be disclosed? I figure some information needs to be kept private BUT where is line drawn in the sand on these decisions???


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See above re: information that could derail the investigation.

Wow- AZ, seems we always have questions regarding the legal process, now it looks like we are all a bit stumped (or maybe I speak for myself). Anyway, generally speaking... What should we expect next?
Could it feasibly be another year before this goes to trial? Just time frames and next steps in the process would be very helpful as we all watch the sun shine on these documents.
Thanks again!!


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If CWW negotiated a plea deal with Missouri on a cold case (Ronnie Bolin disappearance, and possible murder, for example), could the results of the Missouri prosecution and sentencing keep him in Missouri, so that CWW could avoid being sent to Florida for the murder charge against Teresa Sievers, at least for a period of time? If CWW was sentenced to 20 years prison in Missouri for the RB case, would the Florida prosecution be delayed for 20 years? Or would Florida proceed with prosecuting CWW, transport CWW for trial, and then his Florida sentence (if found guilty) would be served after he completed his Missouri sentence? Do states cooperate with each other for the purpose of proceeding with all prosecutions by transporting prisoners to other states?

ETA: Also, if CWW received a lengthy Missouri prison sentence, could he refuse to be transported to Florida, whereby Florida could prosecute CWW in his absence?

Also once JRR completes his sentence in MO- how soon might we see him in FL? Is there any reason to believe he will come to FL anytime sooner based on the proceedings with CWW- OR are they completely separate despite the alleged connection for the same crime in FL?


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JR is being held on federal charges. Could he be transferred to a federal prison in Florida so that the murder charges can go forward?

Greetings,

thank you for being here! I am planning on going to Fort Myers (LCSO, Clerk of courts) and accessing the documents, which will be available due to the Florida Sunshine Law.

I was told, that as soon as there is a case number assigned, I can go to the county clerk of court and get my copies. Is that correct and does the case cover all documents or what else can I be looking and asking for?

Do I also go directly to the Lee County Sheriff's office for additional files, or do I risk being a nuisance..;--)

Thank you!

-Nin

observation said:

Wow- AZ, seems we always have questions regarding the legal process, now it looks like we are all a bit stumped (or maybe I speak for myself). Anyway, generally speaking... What should we expect next?
Could it feasibly be another year before this goes to trial? Just time frames and next steps in the process would be very helpful as we all watch the sun shine on these documents.
Thanks again!!


Sent from my iPhone using Tapatalk

Click to expand...

It could definitely be a year or longer, unless the defendants insist upon their "speedy trial" rights (which they almost never do in major felony cases). I would think the next step would be a grand jury indictment for first-degree murder. If the case is selected as a potential death penalty case, it will take a lot longer to get to trial, because of the built-in due process protections in those cases.

SeesSeas said:

If CWW negotiated a plea deal with Missouri on a cold case (Ronnie Bolin disappearance, and possible murder, for example), could the results of the Missouri prosecution and sentencing keep him in Missouri, so that CWW could avoid being sent to Florida for the murder charge against Teresa Sievers, at least for a period of time? If CWW was sentenced to 20 years prison in Missouri for the RB case, would the Florida prosecution be delayed for 20 years? Or would Florida proceed with prosecuting CWW, transport CWW for trial, and then his Florida sentence (if found guilty) would be served after he completed his Missouri sentence? Do states cooperate with each other for the purpose of proceeding with all prosecutions by transporting prisoners to other states?

ETA: Also, if CWW received a lengthy Missouri prison sentence, could he refuse to be transported to Florida, whereby Florida could prosecute CWW in his absence?

Click to expand...

Most likely, in the situation you describe, CWW would be temporarily transferred to a Florida prison for prosecution of the Florida case, but his Florida sentence wouldn't be served until his Missouri sentence was completed.

observation said:

Also once JRR completes his sentence in MO- how soon might we see him in FL? Is there any reason to believe he will come to FL anytime sooner based on the proceedings with CWW- OR are they completely separate despite the alleged connection for the same crime in FL?


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Click to expand...

Again, he might be transferred to a Florida prison for trial. I would imagine these guys would be tried together, although either one might file a motion to separate the cases on the ground that he would be prejudiced by association with the other case for one reason or another.

ohreally said:

JR is being held on federal charges. Could he be transferred to a federal prison in Florida so that the murder charges can go forward?

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Yes, but he could be transferred to a state prison too. It's all just a matter of cooperation between the state governments.

No it's not said:

Greetings,

thank you for being here! I am planning on going to Fort Myers (LCSO, Clerk of courts) and accessing the documents, which will be available due to the Florida Sunshine Law.

I was told, that as soon as there is a case number assigned, I can go to the county clerk of court and get my copies. Is that correct and does the case cover all documents or what else can I be looking and asking for?

Do I also go directly to the Lee County Sheriff's office for additional files, or do I risk being a nuisance..;--)

Thank you!

-Nin

Click to expand...

The court documents should be easily available, but there won't be much to see. If there were any search warrants, the returns on those could be of interest, though. Just saying you want everything filed in that case should get you everything. You might want to specifically ask whether anything has been sealed and, if so, ask for the list of sealed items.

Other evidence and investigative documents would be at the Sheriff's Office. You would probably need to file a written request for those, although even email should work. They should have info on their website about who handles those requests. Some things (probably the most interesting things) won't be released if they're still looking into the possibility of the husband's involvement.

Can you think of any strategically legal reason the 911 call would be held back? Have you ever seen a case in which it was?

noel leon said:

Can you think of any strategically legal reason the 911 call would be held back? Have you ever seen a case in which it was?

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Yes. One example would be if the 911 caller says something that LE is currently (1) concealing from a suspect or (2) waiting to see if the suspect reveals on his own (showing knowledge of crime details he shouldn't have). Or the 911 caller might have said something that is a lead still being followed up by LE.

Do the Florida sunshine laws cover related search warrants obtained and/or executed in Missouri or other states?

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Wyle_E_Coyote said:

Do the Florida sunshine laws cover related search warrants obtained and/or executed in Missouri or other states?

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Click to expand...

Those search warrants (and more importantly the returns on the warrants showing what was found) would end up in the files of the Florida LE working on the case, so they would be subject to the Sunshine Laws at that point.

AZ (if your out there) If MS came to u with this case would u tell him to remain silent?
Would LE want him to remain silent ?

Eileen730 said:

AZ (if your out there) If MS came to u with this case would u tell him to remain silent?
Would LE want him to remain silent ?

Click to expand...

I don't do criminal defense, except at the appellate level. But the answer would be the same in almost any case. The defense attorney would tell the client not to talk, and LE would want them to talk.

Can the grand jury convene before both suspects are in state ?IF motion to separate is filed does that change grand jury processe?