I'm pretty ignorant with legal teminology, so can you explain the bolded parts? Is this good or bad for Tommy? Was he trying to subpoena someone or something, or was someone trying to subpoena him? In the drug case? Since he's pleading no contest, is this just a formality, since he's fixing to be sentenced? Thanks.
2010.07.06 Hank Jr.(Tommy) TRAFFICKING SENTENCING HEARING CONTINUED 08/06/2010
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My take on it is that Werter had Det. Cone subpeonaed as a witness for Tommy. The judge/state or courts rejected that. Here's the legal info about what quash means in the legal system.
QuashTo overthrow or annul. To nullify, void or declare invalid as in quash a subpeona. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example, when the array is clearly irregular, as if the jurors have been selected by persons not authorized by law, it will be quashed.In criminal cases, when an indictment is so defective that no judgment can be given upon it, should the defendant be convicted, the court, upon application, will in general quash it; as if it have no jurisdiction of the offence charged, or when the matter charged is not indictable. When the application to quash is made on the part of the defendant, the court generally refuses to quash the indictment when it appears some enormous crime has been committed. When the application is made on the part of the prosecution, the indictment will be quashed whenever it is defective so that the defendant cannot be convicted, and the prosecution appears to be bona fide. If the prosecution be instituted by the attorney general, he may, in some states, enter a nolle prosequi, which has the same effect. The application should be made before plea pleaded and before the defendant's recognizance has been forfeited.
http://www.lectlaw.com/def2/q001.htm
QuashTo overthrow or annul. To nullify, void or declare invalid as in quash a subpeona. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example, when the array is clearly irregular, as if the jurors have been selected by persons not authorized by law, it will be quashed.In criminal cases, when an indictment is so defective that no judgment can be given upon it, should the defendant be convicted, the court, upon application, will in general quash it; as if it have no jurisdiction of the offence charged, or when the matter charged is not indictable. When the application to quash is made on the part of the defendant, the court generally refuses to quash the indictment when it appears some enormous crime has been committed. When the application is made on the part of the prosecution, the indictment will be quashed whenever it is defective so that the defendant cannot be convicted, and the prosecution appears to be bona fide. If the prosecution be instituted by the attorney general, he may, in some states, enter a nolle prosequi, which has the same effect. The application should be made before plea pleaded and before the defendant's recognizance has been forfeited.
http://www.lectlaw.com/def2/q001.htm
krkrjx
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TC is trying to subpoena Det. Peggy Cone to testify for the defense at his sentencing hearing. Detective Cone is one of the lead investigators on the Haleigh case. IMO, Werter feels Cone's answers to certain questions might help the Judge to see that TC should get a light sentence because "if it wasn't for Haleigh he would not be in jail" on drug charges.
The State has made a Motion to quash the subpoena.
I have a feeling we might not see a sentence imposed on Friday after all, but yet another continuance.
I HOPE NOT!
Thanks & I agree with you, but realistically speaking, I think the judge knows exactly what's going on with the Haleigh case, & won't need Werter, Cone, or anyone else to fill him in. It is what it is. & I think it would be a very BAD idea for Tommy to use the Haleigh card. shameful. MOO.
fftopic: 
Baznme
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As far as I know, Ron is looking at 15 years at best with a plea deal. Hope GOT 15 yrs. Donna, I don't know yet but from what I see, she is facing at least 15 yrs. and it doesn't look like she's going back to court for that sentencing until September so that remains to be seen.
Hope and Donna may have not had anything to do with Haleigh's disappearance but they dang sure have something to do with not only putting themselves at risk but everyone surrounding their world with drugs, illegal prescriptions, being in the company of dealers, sellers, buyers, etc. right along with their children, including Tommy's kids! Not to mention, IIRC, Junior was still in Ron's custody when all their antics were going on so how does that make their actions any less wrong?
It doesn't.
BTW, I totally agree with you on RC explaining to HIS son what happened to his sister.
krkrjx
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Details:
UCN: 542010CF000147XXAXMX
File Date: 01/21/2010
Judge: TERRY J LARUE
Case Status: SENTENCING
Defense Atty: WERTER, JAMES S
Case File Location: CRIMINAL DIVISION
Defendant: CROSLIN, HANK T JR
Alias: No Alias Records
Date # Docket Description
01/21/2010 1 COMPLAINT - PCSO DET. T CAMPBELL (12/22/09)
01/21/2010 1 BOOKING NUMBER: N/A
01/21/2010 1 TRAFFICKING OXYCODONE
01/21/2010 2 WARRANT ISSUED - BOND SET AT $100,000.00
01/22/2010 3 ARREST REPORT: TRAFFICKING IN OXYCODONE (1/20/10)
(snipped)
07/13/2010 48 NOTICE OF WITHDRAWAL OF DEFENDANT'S MOTION FOR ORDER
07/13/2010 48 TO SHOW CAUSE AND ORDER OF PROHIBITION REQUEST FOR
07/13/2010 48 EXPEDITED HEARING
07/28/2010 49 DEFENSE WITNESS SUBPOENA RETURNED SERVED:
07/28/2010 49 DET PEGGY CONE
07/30/2010 50 MOTION FOR ORDER TO TRANSPORT PRISONER/WITNESS
07/30/2010 50 WITHOUT HEARING
07/30/2010 51 STATES MOTION TO QUASH DEFENDANTS SUBPOENA
08/02/2010 52 RESPONSE TO STATES MOTION TO QUASH DEFENDANTS SUBPOENA
Hmmmmm....looks like Werter really wants Cone on the witness stand. I am wondering now if his desired line of questioning has more to do with Tommy's mistreatment claim than anything about Haleigh. The claim was withdrawn, but maybe it was withdrawn reluctantly and Werter is looking for an opportunity to pose some questions about it now?? (IIRC Cone was named in the complaint.) IMO, it would not be a smart move for the defense to bring up anything having to do with Haleigh. At any rate, if Cone is allowed to appear as a witness for the defense, the State should be on their toes to object to any questions regarding the mistreatment issue since the defense has already dropped their claim. It's all just a guess on my part but Werter wants Cone in and the State does not...so something is brewing.
UCN: 542010CF000147XXAXMX
File Date: 01/21/2010
Judge: TERRY J LARUE
Case Status: SENTENCING
Defense Atty: WERTER, JAMES S
Case File Location: CRIMINAL DIVISION
Defendant: CROSLIN, HANK T JR
Alias: No Alias Records
Date # Docket Description
01/21/2010 1 COMPLAINT - PCSO DET. T CAMPBELL (12/22/09)
01/21/2010 1 BOOKING NUMBER: N/A
01/21/2010 1 TRAFFICKING OXYCODONE
01/21/2010 2 WARRANT ISSUED - BOND SET AT $100,000.00
01/22/2010 3 ARREST REPORT: TRAFFICKING IN OXYCODONE (1/20/10)
(snipped)
07/13/2010 48 NOTICE OF WITHDRAWAL OF DEFENDANT'S MOTION FOR ORDER
07/13/2010 48 TO SHOW CAUSE AND ORDER OF PROHIBITION REQUEST FOR
07/13/2010 48 EXPEDITED HEARING
07/28/2010 49 DEFENSE WITNESS SUBPOENA RETURNED SERVED:
07/28/2010 49 DET PEGGY CONE
07/30/2010 50 MOTION FOR ORDER TO TRANSPORT PRISONER/WITNESS
07/30/2010 50 WITHOUT HEARING
07/30/2010 51 STATES MOTION TO QUASH DEFENDANTS SUBPOENA
08/02/2010 52 RESPONSE TO STATES MOTION TO QUASH DEFENDANTS SUBPOENA
Hmmmmm....looks like Werter really wants Cone on the witness stand. I am wondering now if his desired line of questioning has more to do with Tommy's mistreatment claim than anything about Haleigh. The claim was withdrawn, but maybe it was withdrawn reluctantly and Werter is looking for an opportunity to pose some questions about it now?? (IIRC Cone was named in the complaint.) IMO, it would not be a smart move for the defense to bring up anything having to do with Haleigh. At any rate, if Cone is allowed to appear as a witness for the defense, the State should be on their toes to object to any questions regarding the mistreatment issue since the defense has already dropped their claim. It's all just a guess on my part but Werter wants Cone in and the State does not...so something is brewing.
9:30am
I hope we get to find out what is brewing tomorrow and NO CONTINUANCE!!
Just a thought-maybe Cone promised Tommy a deal during their little talk we heard about right after Tommy was transferred to PC. I realize LE can use any tactic they want to to try and get information out of someone but I feel that the lying approach is just plain wrong. Whatever it was, it seems to me that Werter wants to get Cone on the stand and question her under oath and the state does not want that to happen. I would love to read those motions right now!
krkrjx
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Twall, that makes sense. If Cone promised TC something to get him talking, then reneged after he talked, he might have regretted some things he said and went crying to his attorney. LE lies often to suspects, POIs, etc., and I too believe that should not be allowed (especially lying about giving the person a deal if they really do not intend to follow through). But for now, they are within the law when they lie and it is an effective tactic, so they use it anytime they can. It's definitely to your benefit to know your rights when being questioned by LE.
Of course, it is possible that Cone didn't really renege, but just didn't get valuable info from Tommy so the deal fell through and Tommy decided to cry foul. Whatever happened, Werter and TC may still be hot under the collar about it. I just hope there is no further continuance.
MADJGNLAW
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Sounds as if Hank Jr. will be in court this morning, Jax has an article up already I sure wish they would live stream it. Tried emailing them to find out, still no word. Lets :crossfingers: that it does not get continued again. :gavel:
Helplessly Hoping
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Well, I think we may learn today if Tommy really DID have anything valid to offer re Haleigh if this is NOT continued. I have a feeling, we are all gonna be disappointed here. JMO
:banghead:
:banghead:
lonetraveler
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Well, (fingers tapping on table) has anyone seen or heard anything yet? I have TV on HLN/CNN news..............nothing.
lonetraveler
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http://www.news4jax.com/news/24534837/detail.html
There are sure a lot of possibilities between 3 and 30 years! Who thinks that the judge will match Hope's sentence?
There are sure a lot of possibilities between 3 and 30 years! Who thinks that the judge will match Hope's sentence?
My apologies to those who believe Tommy is innocent and getting treated unfairly, but I hope he gets 30. I believe he knows what happened to Haleigh and he isn't even willing to make a plea deal. I know it's not supposed to be about her in this case, but it IS about her because I believe the chronic use of drugs is why she isn't around today - and why most of our abused children are suffering!
Thanks for letting me share my personal opinion.
Thanks for letting me share my personal opinion.
Helplessly Hoping
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You know, LT. I can't figure this out. IF Werter is gonna use the idea that Tommy has info re Haleigh and has cooperated, I say we see this continued. Peggy Cone info is quite interesting and can be interpreted a couple ways. So I have no clue.
Helplessly Hoping
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I don't disagree, Kimster
But my fear is LE is gonna get these folks on the drug charges and there will NEVER be justice for Haleigh. That is what is driving me :crazy: I mean unless they start talking once convicted. I don't know what to make of this. I really don't. JMO- Status