2010.04.26 - Tommy's Lawyer: "Tommy knows what happened"

[dodie20]

If Tommy was not present when Haleigh was killed, he will never get the same sentence as whoever killed her, as far as I know. He may be charged with tampering, withholding evidence, lying to police, and even disposing of a body, if he did, but not murder, if he was not there at the time she died. I saw one case on MSNBC where two teens killed another teen and then tried to burn the body but it did not work...so they got a ghoulish friend of theirs from school to chop up the body in order to better hide it...this guy got 5 years or so for mutilating a corpse...just saying...things that happen after the murder are never the same as what happens during, as far as sentencing...maybe that is why his lawyer is saying what little he is saying...he somehow knows or believes that Tommy was not there at the crucial moment...
He may be guilty of one hundred moral crimes...and half a dozen legal ones...and if he IS the one to break the case for LE may well be able to plea to some of the lesser charges and do a couple of years...who knows. Solving this case is worth a lot to LE. JMO
(But I do think if he is scared, it IS of Ron...)

o.k., what if Tommy was there, saw the crime, but did nothing to stop it? what if he saw where things were going, & decided to leave? what if he witnessed a beating or rape, did nothing, but the injuries led to death? so even though he didn't commit the murder, wouldn't he still be responsible? I also, kept up with the case you mentioned-the murdered girl lived around here for awhile-& I was shocked @ how little time her desecretation warranted. Also, I've followed cases where people have been charged with murder by simply being along side the trigger man. So, unless Tommy is going strictly from hearsay, I don't see how not charging him can be justified. & how can it be proven that it was only something he heard but didn't participate in?

 

[doobiedoo52]

I think that when Werter said the LDT was an investigative tool and that it wasn't all passing or failing, he meant certain things that Tommy said were truthful and others weren't. I'm thinking they may have pushed him later on the truthful points and then he produced a different story. I hope they did another LDT on him with the new info because they apparently found no remains on the search. I'm just so afraid this is another tall tale. Sigh

 

[raisincharlie]

I think that when Werter said the LDT was an investigative tool and that it wasn't all passing or failing, he meant certain things that Tommy said were truthful and others weren't. I'm thinking they may have pushed him later on the truthful points and then he produced a different story. I hope they did another LDT on him with the new info because they apparently found no remains on the search. I'm just so afraid this is another tall tale. Sigh

If the way Tommy "knows" is because he was told, I sure wouldn't put much stock in any story he has.

 

[tragco]

Tommy doesn't know anything but what he's been told, IMO. He wants a reduced sentence. It strikes me that everyone surrounding sweet Haleigh was into drugs. The motivation has gotta be drugs.

 

[nnglas]

If the way Tommy "knows" is because he was told, I sure wouldn't put much stock in any story he has.

I agree. But I am sure that Tommy's good lawyer will make the argument that Tommy is holding up to his end of the bargain so he should get a deal. It's not his fault if they can't find any other evidence to arrest the person. I just feel like this is where this case is going. No substantial evidence, except hearsay or accomplice testimony.

 

[Helplessly Hoping]

I agree. But I am sure that Tommy's good lawyer will make the argument that Tommy is holding up to his end of the bargain so he should get a deal. It's not his fault if they can't find any other evidence to arrest the person. I just feel like this is where this case is going. No substantial evidence, except hearsay or accomplice testimony.

BBM--We have Werter's words essentially clearing Tommy of a "primary" role--but would hearsay or accomplice testimony be enough for LE to declare this case a homicide? TIA

 

[txsvicki]

This could be just what a person's lawyer would be expected to say. Tommy's probably not admitting much of anything and saying it's only what he was told later. If he knew anything at all, I hope he's sentenced to the max.

 

[nnglas]

BBM--We have Werter's words essentially clearing Tommy of a "primary" role--but would hearsay or accomplice testimony be enough for LE to declare this case a homicide? TIA

I think it would be enough to classify if as a homicide. Just not enough to get any kind of conviction at all. Especially if you factor in that Tommy is in jail and is only speaking up now because he wants to get out. Its been over a year, and he was arrested at least once before and told them that RC called and sent him to the trailer. He only talking because he wants to get out. He may have passed a polygraph about whether or not Haleigh is alive but it is a polygraph not admissible in court.

I hate to even think it, but I see this case going nowhere, except maybe that LE knows who did it, but doesn't have enough evidence to arrest. Hopefully I am wrong.

But look at it this way. Say it was JO. What other evidence would they have? No body, no crime scene, nothing. I just can't see it. I actually think that Tommy and Misty would accuse JO this late in the game, because they know or were told that he is in the clear because of no evidence.

 

[Dr. Know?]

I read a long time ago that a defendents lie detector test results are admissable in court, IF, the defense lawyer agrees to admitting it into evidence and also the judge must agree, sorry from memory not notes. Wonder how may have done that?

 

[lindap61]

I agree with you in a moral sense. because that makes him a part of this crime, & that's irreprehensible. But, if he's the only one willing to talk, then I guess LE is stuck making deals with him. I think this is a case of 'no deal, no answers'. I think LE figured him for the weak link, from the beginning-hence the least amount of drug sentence time. It's like they were dangling a carrot in front of a rabbit & saying, 'see what you can get, if you talk'. But I still don't like it. A decent human being would tell the truth, because there's a dead little girl involved, & not just speak up to save his own sorry but some jail time. He's a junkie thief & I don't think he'd know the truth if it bit him where the sun don't shine. So, is he telling the truth? I have major doubts. & I'm still amazed that this whole bunch played right into LE's hands. drug trafficking together. mind boggling.

Maybe, I am just thinking what if he was being threatened if he tells. His family,( wife, Kids) would be dead. So don't be a rat or you all will be dead rats. That could stop one from talking no matter if it is a child. that is dead, he certainly would know if he talks his kids and wife would be next. Can not blame him for not talking if that is what he was threatened with. Just thinking out loud.

 

[nnglas]

I read a long time ago that a defendents lie detector test results are admissable in court, IF, the defense lawyer agrees to admitting it into evidence and also the judge must agree, sorry from memory not notes. Wonder how may have done that?

True, if that person is a defendant. Tommy would more then likely be a witness. I have never heard of someone actually doing this, however, someone else may remember a specific case.

 

[Donjeta]

I think that when Werter said the LDT was an investigative tool and that it wasn't all passing or failing, he meant certain things that Tommy said were truthful and others weren't. I'm thinking they may have pushed him later on the truthful points and then he produced a different story. I hope they did another LDT on him with the new info because they apparently found no remains on the search. I'm just so afraid this is another tall tale. Sigh

When I read his comment I thought that maybe, with the right questions, a failing answer in the LDT can give the investigators just as much information as a passing answer (supposing the test can be trusted to identify lying correctly, which is not a given). Say, if Tommy gets asked, "Is the body in the river?", and he says yes, and passes. The investigators figure out that the body is in the river. Then say that Tommy gets asked the same question, says no, and fails. The investigators proceed to make the same inference. If several suspects have a similar pattern in regards to this question the police may be pretty confident that the river has something to do with it.

 

[bessie]

BBM--We have Werter's words essentially clearing Tommy of a "primary" role--but would hearsay or accomplice testimony be enough for LE to declare this case a homicide? TIA

LE has said that they are conducting a homocide investigation, so they must have grounds to base that decision, but it has to be more than hearsay. LE would have to have in possession other corroborating evidence to determine that a homocide actually occurred. If, for example, Tommy stated that Misty told him she hit Haleigh in the head with a piece of wood and tied a cinder block to her body with a yellow rope before throwing her in the river at a particular location. LE then finds a matching piece of wood and yellow rope near the location indicated by Tommy. Tommy's statement along with the rope and piece of wood, might be sufficient cause to determine that a homocide took place, yet insufficient cause to charge Misty with any degree of homocide. Likewise if Tommy stated that he did not witness Haleigh's death but admitted that he assisted in the aftermath. Even if Tommy's statement was deemed admissible under one of the many exceptions to the hearsay rule, I'm fairly certain the state would need stronger evidence in order to bring charges against Misty.

The other possibility is that Tommy saw the crime occur or saw evidence of the crime when he went to the MH that night but failed to report it. Eyewitness testimony would carry a lot more weight than hearsay.

 

[krt]

Hypothetically speaking, if tc's lawyer "knows" that tc knows what happened then can't tc be charged with obstruction of justice that is unless he is negotiations for a plea bargain.

 

[Wendy101]

Who is the guy at 0:50 in the video.. Misty seems to be playing around or showing her ring .. the guy seems a bit pissy...and he is also wearing black....
I am trying to re look at the photos/videos to determine who usually wears black.

I find it suspicious how happy TN is in this video.

http://www.youtube.com/watch?v=LRGQbtQrJpc&feature=related

 

[atherella]

Who is the guy at 0:50 in the video.. Misty seems to be playing around or showing her ring .. they guy seems a bit pissy...???

That is Tommy. He lost quite a bit of weight in the months after HaLeigh went missing.

 

[Wendy101]

He almost looks disgusted...

 

[Justin Tyme]

He almost looks disgusted...

I think that he was and that he already knew what happened and he can't believe her joy considering the circumstances. It's amazing how she thrust her hand upon him showing off her ring as if to say: Look what I got out of the deal. I think that he is more than disgusted by her actions here as am I. :furious:

 

[pittsburghgirl]

It's possible that Tommy is providing the "proof of life" or "proof of death" that was discussed last night. He can lead them to Haleigh without admitting that he was involved--by throwing Joe O or his sister or someone else under the bus. The fact that he is recanting the 10 pm mobile home visit story is a pretty good indicator that either (1) someone in LE caught him in that lie, perhaps as a result of the polygraph or (2) what was going on at 10 pm is going to turn out to be very important.

There are four possibilities:

1. He was directly involved in what happened to Haleigh (her disappearance or death).
2. He was a witness to what happened and has been covering up.
3. He was involved after the fact and has been covering up.
4. He was told by someone involved what happened and he has been covering up for that person (e.g., Misty).

Any way you slice it, he's in it up to his neck. The fact that the lawyer has walked out on him once suggests that the lawyer knows he's in it, but is perhaps trying to help Tommy get a decent deal and help LE close the case.

 

[passionflower]

ToC seemed to go heavier into the drugs, theft and lost allot of weight after Haleigh disappeared.
IMO, he knew something and it really bothered him.
Now we know why Lindsey isn't standing beside her man, she filed for divorce.
To me that says he lied to her also for along time and she has had enough of
him and his family.
I hope he can get peace of mind and start telling EVERYTHING he knows as TRUTH!!!!