Missouri, St. Louis - Teenage girl critically injured after brutal fight with another female teen near Hazelwood East High School, 8 March 2024

Mitigating circumstances, for the most part, are considered during the penalty phase. No??

While proving someone innocent may not be a legal term, it's certainly a human construct. All of the distinctions in the world between what is and is not a legal term, imo, won't amount to a hill of beans once the jury sees the video. amoo
I agree that the video will likely convict her, and have stated so more than once, but the video only tells the end of the story, not the entire story. The accused is entitled to a vigorous defense, and introducing any possible mitigating factors will surely be a part of telling the rest of it. JMO
 
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Mitigating circumstances, for the most part, are considered during the penalty phase. No??

While proving someone innocent may not be a legal term, it's certainly a human construct. All of the distinctions in the world between what is and is not a legal term, imo, won't amount to a hill of beans once the jury sees the video. amoo

Re the accused lawyer speaking to mitigating circumstances, I may be wrong of course but so far I have only seen those circumstances referred to as an argument for keeping MD's case in the juvenile system by him so far. At this point I believe he is focusing on trying to prevent MD being tried as an adult, hence his plea to consider any mitigation.

JMO
 
Re the accused lawyer speaking to mitigating circumstances, I may be wrong of course but so far I have only seen those circumstances referred to as an argument for keeping MD's case in the juvenile system by him so far. At this point I believe he is focusing on trying to prevent MD being tried as an adult, hence his plea to consider any mitigation.

JMO
That is correct.


Between now and May 10, officers of the juvenile court will complete what were described as "social work-type" interviews with DeClue, collecting information about her family and personal history. Attorneys for the juvenile court will present the findings from those interviews to Dodson on May 10. It will then be up to the judge in what system DeClue's case will proceed from there.

DeClue's attorney, Greg Smith, says that he will oppose his client being certified as an adult.

 
Mitigating circumstances, for the most part, are considered during the penalty phase. No??

While proving someone innocent may not be a legal term, it's certainly a human construct. All of the distinctions in the world between what is and is not a legal term, imo, won't amount to a hill of beans once the jury sees the video. amoo
Mitigating circumstances are considered during the penalty phase in a trial in adult court, as you state, but in juvenile court mitigating circumstances are considered by the judge at the juvenile's hearings. They will be taken into consideration as the judge deliberates on whether or not they will transfer the juvenile to adult court or deal with the matter in the juvenile system. So at this point, while the "defendant" juvenile is still in juvenile custody, the mitigating circumstances are part of the process, although how the judge weighs them in relation to the crime that was committed is hard to say, given the serious nature of the crime.
 
Confusion about Which Police Dept and Prosecutor?

Posters mentioned Hazelwood PD & St. L. city PD, but neither dept is investigating this case. And in referring to the fight, MO Atty Gen Bailey placed (some) blame on Kim Gardner’s lax prosecution record, tho she was not the prosecutor for the area where the fight occurred.

Altho fight took place a couple blks. from the school, Hazelwood PD* stated that it occurred in an unincorporated part of St. L. County. (meaning not within city limits of Hazelwood) and that St. Louis County Police Department is investigating. IOW, fight was not in CITY of St. L, not within city of Hazelwood but in the COUNTY of St. Louis.

INVESTIGATING LE = St. Louis COUNTY Police Dept
"The SLCPD has the largest investigative unit in the state. Nearly 200 detectives provide county-wide services for the crimes…” Employees…1,290 (2020) / Population….1,005,159 (2022 Census)**

PROSECUTOR = Prosecutor of St. Louis County, Wesley Bell. Not Kim Gardner (whom MO AG mentioned), who was the Circuit Attorney for the City of St. Louis before her May 2023 resignation.

After seeing a few MSM boo-boos re who's who, I thought this post would clarify.
___________________________________
* Hazelwood Police Department . HPD FB, Mar. 11
Interesting sidenote imo, in 2022 there were TWELVE MURDERS in City of Hazelwood. 12!!! That & other crimes give Hazelwood 471 rating, almost TWICE the U.S. average of 246.
Hazelwood, Missouri (MO 63042) profile: population, maps, real estate, averages, homes, statistics, relocation, travel, jobs, hospitals, schools, crime, moving, houses, news, sex offenders .Scroll down to table of "Crime rates in Hazelwood by year" w 2022 on right-most column.

** NB: City of St. Louis is not within the County of St. Louis; the two entities abut each other.
St. Louis County Police Department - Wikipedia serves unincorporated areas of St. Louis County.
Different from St. Louis Metropolitan Police Department which serves the City of St. Louis (Official Website of the Metropolitan Police Department, City of St. Louis).
 
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Confusion about Which Police Dept and Prosecutor?

Posters mentioned Hazelwood PD & St. L. city PD, but neither dept is investigating this case. And in referring to the fight, MO Atty Gen Bailey placed (some) blame on Kim Gardner’s lax prosecution record, tho she was not the prosecutor for the area where the fight occurred.

Altho fight took place a couple blks. from the school, Hazelwood PD* stated that it occurred in an unincorporated part of St. L. County. (meaning not within city limits of Hazelwood) and that St. Louis County Police Department is investigating. IOW, fight was not in CITY of St. L, not within city of Hazelwood but in the COUNTY of St. Louis.

INVESTIGATING LE = St. Louis COUNTY Police Dept
"The SLCPD has the largest investigative unit in the state. Nearly 200 detectives provide county-wide services for the crimes…” Employees…1,290 (2020) / Population….1,005,159 (2022 Census)**

PROSECUTOR = Prosecutor of St. Louis County, Wesley Bell. Not Kim Gardner (whom MO AG mentioned), who was the Circuit Attorney for the City of St. Louis before her May 2023 resignation.

After seeing a few MSM boo-boos re who's who, I thought this post would clarify.
___________________________________
* Hazelwood Police Department . HPD FB, Mar. 11
Interesting sidenote imo, in 2022 there were TWELVE MURDERS in City of Hazelwood. 12!!! That & other crimes give Hazelwood 471 rating, almost TWICE the U.S. average of 246.
Hazelwood, Missouri (MO 63042) profile: population, maps, real estate, averages, homes, statistics, relocation, travel, jobs, hospitals, schools, crime, moving, houses, news, sex offenders .Scroll down to table of "Crime rates in Hazelwood by year" w 2022 on right-most column.

** NB: City of St. Louis is not within the County of St. Louis; the two entities abut each other.
St. Louis County Police Department - Wikipedia serves unincorporated areas of St. Louis County.
Different from St. Louis Metropolitan Police Department which serves the City of St. Louis (Official Website of the Metropolitan Police Department, City of St. Louis).
Wesley Bell is the St Louis County Prosecutor, but his office will only handle the case if the accused is transferred to adult court, which has not yet been determined. JMO

"St. Louis County Prosecuting Attorney Wesley Bell called the video “sickening” but said that his office did not have the power to act in the case.

“This is a Juvenile court matter, unless it is certified and by law, certification is not our decision either,” Mr Bell wrote on X, formerly Twitter. “We pray the victim makes a full recovery. This is just heartbreaking.”

 
That is correct.


Between now and May 10, officers of the juvenile court will complete what were described as "social work-type" interviews with DeClue, collecting information about her family and personal history. Attorneys for the juvenile court will present the findings from those interviews to Dodson on May 10. It will then be up to the judge in what system DeClue's case will proceed from there.

DeClue's attorney, Greg Smith, says that he will oppose his client being certified as an adult.

Too bad KG will likely not even be able to give her own victim impact statement at whatever trial there is. So sad.
 
Prosecutor
Wesley Bell is the St Louis County Prosecutor, but his office will only handle the case if the accused is transferred to adult court, which has not yet been determined. JMO

"St. Louis County Prosecuting Attorney Wesley Bell called the video “sickening” but said that his office did not have the power to act in the case.

“This is a Juvenile court matter, unless it is certified and by law, certification is not our decision either,” Mr Bell wrote on X, formerly Twitter. “We pray the victim makes a full recovery. This is just heartbreaking.”
@SteveP Thanks for noting ^this,^ much appreciated.

I got sidetracked w MO. AG Bailey's public stmts about former St. Louis City's Circuit Atty Kim Gardner and dove into the history of bad blood btwn them.*

And I got ahead of myself azz-uming MD will be certified for adult crim trial.
If that happens, I hope the St. L. Co. prosecutor's office can do a better job than Gardner & her office did on soooo many of the cases described at link. Sickening.
First year law student would likely get better results than Gardner & her office did w so many cases.
imo jmo
_________________________________
* Kimberly Gardner - Wikipedia
 
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Too bad KG will likely not even be able to give her own victim impact statement at whatever trial there is. So sad.

But, her family has already stated that they believe that the perpetrator should be charged as an adult. And hopefully, KG will be able to speak for herself at the trial, after months of speech therapy.
 
But, her family has already stated that they believe that the perpetrator should be charged as an adult. And hopefully, KG will be able to speak for herself at the trial, after months of speech therapy.
Hope springs eternal, I suppose. However, as of last report (that I read), she still has no idea why she's in the hospital. Speech is only one concern of many. MOO
 
Anyone making any decisions about this case, or writing reports should watch the video several times, and determine if they are watching a "child" or an "adult".
When most people refer to a "child", they are referring to a person who has not yet reached puberty, and it is obvious that MD has. A "juvenile" is defined by the US Dept of Justice as a person who has not attained his eighteenth birthday, and "juvenile delinquency" is the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult. While MD is not what most of us would likely consider a "child", she is also not yet an "adult". She is a juvenile, according to the legal system. I do believe that the seriousness of her actions, that resulted in critical injuries to KG, are enough that she will likely be tried in adult court, rather than juvenile court.

This case has received much national attention, and regardless of which court MD is ultimately tried in, I feel confident that the decision will not be made in haste, and will be made by a judge with far more information than just the video of the fight, and far more information than we have been made privy to. I will accept whatever the decision is. JMO

 
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12 murders in Hazelwood. Sounds like a horrible place to live
I used to live in the region, and like I've said before and probably will again, this is not a neighborhood where people live if they can live anywhere else. Moving to a less stigmatized area in the STL metroplex is probably not going to be an option, because who's going to rent to someone who used to live THERE?
 
p.s. Landlords cannot discriminate based on race, religion, family composition (as long as they meet occupancy guidelines), etc. but I don't think previous address is a protected class.
We all know that even when they cannot find a legal way to keep someone out, many landlords have a knack for figuring out a way, when they do not wish to rent to someone. JMO
 
Several new claims in this story...If true, I have very little doubt that MD will be tried in adult court. We had heard from MD's family that KG had been sending threatening emails for some time, but now KG's family is admitting that it is true, but that both girls had been exchanging equally threatening texts. Also alleges the fight was agreed to by both parties, and scheduled, time and place, in advance. If so, LE surely is aware of these things by now. In my opinion, had MD not gone to the extreme level of assault that she did, this fight would have been just another school fight, that may have brought about additional suspensions. I will say that while the word "gang" has never been mentioned, it sounds a lot like gang activity happening in that school to me, with the two girls on opposite sides. JMO


 
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KG & MD EMail Exchanges. Arranging Fight.
....
now KG's family is admitting... both girls had been exchanging equally threatening texts. Also alleges the fight was agreed to by both parties, and scheduled, time and place, in advance.... I will say that while the word "gang" has never been mentioned, it sounds a lot like gang activity happening in that school to me, with the two girls on opposite sides. JMO
snipped for focus @SteveP Thanks for your post w links.
These two articles line up w your earlier thoughts:
fight was agreed on, w time & place set.

Altho neither link explicitly says "gangs," NYP's (semi-weasley imo) use of "rival friend cliques" drops us a hint.
imo
_______________________________________
"The teens, several sources have told The Post, were part of rival friend cliques at Hazelwood East High School near St. Louis."
 

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