GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 #14

[Backwoods]

I just found this

http://www.co.bibb.ga.us/da/tracker/detail.asp?DA=11BIB00003&DEF=6200093

Did ya'll know about the aggravated battery charges?

Mods, please remove in link is inappropriate.

No -- that is news to me!

ETA: And the burglary and child sexual exploitation charges are not on there (but, on second thought, guess they would not be, if this is supposed to reflect only the charges connected with Lauren). Still -- I'm wondering if the link you posted is just inaccurate with its info...hmmm. The "new" link gives an arraignment date of 04/03/2012 ... but, IIRC, he was not arraigned on those battery charges. (Just noticed, it also gives the "crime date" as 08/02/2011 -- which cannot be correct. So I am skeptical of the info at this link.)

His inmate details still look the same: http://www.co.bibb.ga.us/BSOInmatesOnline/BSODetail.asp?JacketID=145875&BookingID=290904

 

[pearl]

Are those charges because the belief is that he beat her up before he murdered her?

georgia criminal code for aggravated battery

http://law.onecle.com/georgia/16/16-5-24.html

 

[Indy Anna]

They must, but what about LG?

I do sortof feel like it's a problem, but it is what it is. I'm just offended. We dont' know he's guilty true, but I would think it woudl be something to consider before you take a case like this, I think they took it becuase the evidence is scarce and a good case for attorneys to shine

Possibly, that is the reason. But, someone has to represent the accused. I see your point, though ... even if the defendant is NOT guilty, SOMEONE is responsible for LG's murder and no one seems to be looking at any other suspects. Buford did try to implicate someone else at one point, but unsuccessfully. Personally, I don't believe they'll find anyone else to pin LG's murder on because I believe they have the right person. And, without evidence and opportunity pointing to anyone else, I don't think the DA will have trouble proving their case. They seemed to be so certain of their case against SM after searching the apartments, long before the bogus Internet post, that the evidence is likely very incriminating.

 

[Indy Anna]

georgia criminal code for aggravated battery

http://law.onecle.com/georgia/16/16-5-24.html

from the link above:

(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

Could this relate to the dismemberment, after LG was dead?

 

[Backwoods]

from the link above:



Could this relate to the dismemberment, after LG was dead?

Maybe...? But I do not think he was arraigned on those charges, still. Wonder if they were a "possible" at some point that just got put in that particular record and overlooked when not used...? Or might be formally charged later? Puzzling.

 

[tomkat]

Possibly, that is the reason. But, someone has to represent the accused. I see your point, though ... even if the defendant is NOT guilty, SOMEONE is responsible for LG's murder and no one seems to be looking at any other suspects. Buford did try to implicate someone else at one point, but unsuccessfully. Personally, I don't believe they'll find anyone else to pin LG's murder on because I believe they have the right person. And, without evidence and opportunity pointing to anyone else, I don't think the DA will have trouble proving their case. They seemed to be so certain of their case against SM after searching the apartments, long before the bogus Internet post, that the evidence is likely very incriminating.

Well, we can see how the defense Mercer team feels about having defended him against another Mercer grad and a great citizen at that, after the trial if SM is found guilty. It's just interesting

Thanks for seeing my point, there are all kinds of angles and points of view out there and I do know everyone needs a defense team or attorney. I defended SM myself early on and I'm not saying now that he is guilty or innocent. It just seems unfair to LG that her own School staff seems to be running to his aide, don't they think about her??

Nuff said, I"m repeating myself! LOL

 

[tomkat]

georgia criminal code for aggravated battery

http://law.onecle.com/georgia/16/16-5-24.html

so then........AND because he dismembered her

 

[JustyThoughts]

Stopping in to Lauren's forum to see if a trial date set or not. I just finished with Mickey Schnuck and Ivy Merck. I had no idea there was such an extensive forum for LG here. Thank you to each of you posting to keep the case bumped up.

LG's case grabbed my attention back when it happened primarily because of the nature of the situation and fact that I was at Mercer in Macon years ago (early '70s). The feature that grabbed me personally is that during my 4 years there I had several friends that lived in the apts where LG lived. Really brought the shock of what happened to LG home to me. Seems from the last several pages that the wheels of justice are slow. I plan to try and check here as things move along towards justice for this lovely woman.

 

[bessie]

I'm glad you found the thread, Justy. It's going to be a long wait for justice, I'm afraid. Nevertheless, there are some of us who are willing to stick it out. Two years, three years, as long as we're able, we'll be right here when the gavel goes down.

 

[bessie]

They must, but what about LG?

I do sortof feel like it's a problem, but it is what it is. I'm just offended. We dont' know he's guilty true, but I would think it woudl be something to consider before you take a case like this, I think they took it becuase the evidence is scarce and a good case for attorneys to shine

I know better than to argue with you when your mind's made up, Tomkat. Honestly, though, personally I don't see it as a problem. If nothing else, their lawyer-ly egos will prevent them from doing anything but their stellar best in this case, particulary because the eyes of the Mercer community will be watching.

Besides, if Mercer is represented all the way around, isn't that a wash?

 

[Backwoods]

Stopping in to Lauren's forum to see if a trial date set or not. I just finished with Mickey Schnuck and Ivy Merck. I had no idea there was such an extensive forum for LG here. Thank you to each of you posting to keep the case bumped up.

LG's case grabbed my attention back when it happened primarily because of the nature of the situation and fact that I was at Mercer in Macon years ago (early '70s). The feature that grabbed me personally is that during my 4 years there I had several friends that lived in the apts where LG lived. Really brought the shock of what happened to LG home to me. Seems from the last several pages that the wheels of justice are slow. I plan to try and check here as things move along towards justice for this lovely woman.

I'm glad to see you here, too, Justy.

 

[Backwoods]

bessie, what (if anything) do you make of the aggravated battery charges listed in the link pearl found (her post #356)? Are they just a goof, or ...?

Could these have been sort of fall-back-on charges when the case went to the grand jury, in case the gj would not indict for murder? Or add-on charges they decided not to pursue, because maybe evidence of the battery was not strong enough?

We talked about it maybe relating to dismemberment, but the more I think about that, I don't think -- as long as the dismemberment happened after death -- it would apply in that case.

I'm just pretty puzzled to see that.

 

[bessie]

from the link above:



Could this relate to the dismemberment, after LG was dead?

Here's a little more about aggravated battery in Georgia. It would be related to the dismemberment.

Depriving the victim of a member of his body may refer to the separation of the member from the body (as in dismemberment, amputation, or removal), or it may refer to the loss of the use of the member. Ganas v. State, 245 Ga. App. 645 (2000).

http://www.avvo.com/legal-guides/ugc/the-crime-of-aggravated-battery-in-georgia

The aggravated battery was not charged in the indictment, and I think this is the first I've heard of it in this case. I remember researching charges related to post mortem dismemberment, but I'm not sure if that was for Lauren's murder or another. (I just realized what I said there. It's pretty bad when you're familiar with so many dismemberment cases you confuse them.)

ETA: I had already started typing when you posted, BW. It took me awhile to finish because I was looking for more information

 

[bessie]

bessie, what (if anything) do you make of the aggravated battery charges listed in the link pearl found (her post #356)? Are they just a goof, or ...?

Could these have been sort of fall-back-on charges when the case went to the grand jury, in case the gj would not indict for murder? Or add-on charges they decided not to pursue, because maybe evidence of the battery was not strong enough?

We talked about it maybe relating to dismemberment, but the more I think about that, I don't think -- as long as the dismemberment happened after death -- it would apply in that case.

I'm just pretty puzzled to see that.

I don't believe they were add on charges because the indictment mentions decapitation as a basis for seeking the death penalty. (It supports the "outrageously or wantonly vile and inhuman" clause). I think these were included in an original "selection" of possible charges. I'm honestly not sure.

 

[Sonya610]

Are those charges because the belief is that he beat her up before he murdered her?

I think they tacked that on because they are pursuing the death penalty. Technically this would not qualify as a death penalty case UNLESS it was particularly wanton, vile, heinous etc....

Last I heard they still had no idea how she died and that was several weeks (?) after the FBI had the body. Cause of death seems to be established pretty darn quick, like in a couple of days in most cases unless they are waiting on toxicology tests. The murder indictment said something like "cause of death unknown, method of death unknown, weapons unknown, etc..." They have to prove she did not fall down the stairs or have an aneurism before they can prove aggravated battery. Mutilating or improperly disposing of a corpse does not equate to a "heinous" murder (i.e. Casey Anthony).

Who makes the decision, anyhow, that a special prosecutor is needed? Sometimes, I think, it is the current prosecutor him/herself -- but who else can?

In the Trayvon Martin case it was the State Attorney General that appointed the special prosecutor.

 

[pearl]

mcd INDICTMENT - stephen-mcdaniel-murder-indictment.pdf (393.5 KB, 1 views
The below is taken from the above link

For that the said accused, between the 25th day of June, 2011, and the 30th day of June, 2011, the exact date of the offense being unknown to the Grand Jury, in the State ofGeorgia, County of Bibb, unlawfully, with malice aforethought, did kill, murder, and cause the death of Lauren Giddings, a human being, by inflicting bodily harm in a manner unknown to the Grand Jury at this time, including decapitation of said victim, with instrument or instruments unknown to the Grand Jury, contrary to the laws of said State, the good order, peace and dignity thereof.
My opinion is the Grand Jury was presented with evidence to support the wording of the indictment. I know we have debated this before. The decapitation would have to include an aggravated assault charge. I have read charges before that contain the words "and lesser included charges." Aggravated assault would be a lesser crime than murder. If the person is decapitated, then aggravated assault occurred. We don't know what was presented to the grand jury. My opinion is that it was substantially more than internet posts. If one neighbor finds another neighbor dead from a fall, drowning, overdose, etc, that neighbor does not decapitate and dismember the one that has died. The neighbor calls 911. This is, of course, my opinion.

 

[Sonya610]

If one neighbor finds another neighbor dead from a fall, drowning, overdose, etc, that neighbor does not decapitate and dismember the one that has died. The neighbor calls 911. This is, of course, my opinion.[/FONT]

Yes, it would be highly unusual. On the other hand, young mothers that discover their toddlers have accidentally drowned in the swimming pool usually don't bury them in vacant lots and then claim the child was kidnapped for weeks, but apparently that indeed does happen!

The question was about aggravated assault. If they knew there was an aggravated assault how is it they didn't seem to know how she died? Isn't it normal to present the method of murder to the Grand Jury? If they are trying to convince a grand jury that the defendant committed a heinous killing would they really say "you don't need to know HOW he did it, we know but we won't tell you, just indict the him for murder".

 

[Indy Anna]

Yes, it would be highly unusual. On the other hand, young mothers that discover their toddlers have accidentally drowned in the swimming pool usually don't bury them in vacant lots and then claim the child was kidnapped for weeks, but apparently that indeed does happen!

The question was about aggravated assault. If they knew there was an aggravated assault how is it they didn't seem to know how she died? Isn't it normal to present the method of murder to the Grand Jury? Wouldn't it be expected that they would say the defendant shot/strangled/stabbed the victim when they are going for a murder indictment?

LE doesn't know the method of death because they don't have all of the body parts. They only have the torso, so they don't know whether LG was strangled, suffocated, shot in the head, etc. LE does know that she was assaulted, though, because she was dismembered. She could have been beheaded, resulting in her death but LE cannot prove that was the manner of death.

Poor Lauren. I hate thinking of all the terrible things that could have happened to her in those last moments.

 

[bessie]

Here we go.

Georgia Code - Criminal Procedure - Title 17, Section 17-10-30

(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:

(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;

http://law.onecle.com/georgia/17/17-10-30.html

Georgia Code Crimes and Offenses - Title 16, Section 16-5-24

(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

http://law.onecle.com/georgia/16/16-5-24.html

Depriving the victim of a member of his body may refer to the separation of the member from the body (as in dismemberment, amputation, or removal), or it may refer to the loss of the use of the member. Ganas v. State, 245 Ga. App. 645 (2000)

http://www.avvo.com/legal-guides/ugc/the-crime-of-aggravated-battery-in-georgia

http://law.onecle.com/georgia/17/17-10-30.html

 

[GeorgiaSunshine]

LE doesn't know the method of death because they don't have all of the body parts. They only have the torso, so they don't know whether LG was strangled, suffocated, shot in the head, etc. LE does know that she was assaulted, though, because she was dismembered. She could have been beheaded, resulting in her death but LE cannot prove that was the manner of death.

Poor Lauren. I hate thinking of all the terrible things that could have happened to her in those last moments.

We have read and there has been "talk" that some of the parts were cut out on the torso. End of story. Hate even saying this. I am sure MPD has the right suspect, and so a Mercer law grad is outsmarting the police. Just because there isn't evidence or so some people think doesn't mean the suspect in custody isn't the right person. This is what I do not like about the justice system. And the suspect is getting off that many people discuss him on this site.