2010.07.26 Grand Jury begins

[BeanE]

!!!! on JVM an investigator in the state of Oregon just said that DDS could be waiting on a grant of "transactional immunity" before she testifies in front of the GJ (was just watching live... no link)... will post this in the legal thread (ie: transactional immunity)

Oh thank you, nurse! That makes sense why they wouldn't have asked her any questions.

 

[Calliope]

does that mean that Dede can say that she did something to harm Kyron and she's home free?

Then why couldn't TH do that?

I don't see them offering that to someone they suspect did the crime... but I wonder.


What if Dede is guaranteed this particular this type of immunity, then drops the bomb during trial and confesses to everything? That would get them both off "scot free"? Terri couldn't be tried on the same charge, and Dede has immunity.

Do I watch too much TV???

 

[cypress]

If she does receive this, that would mean she had some knowledge or involvement in his disappearance, right? (or reason to believe she could be charged with same)

If she's given immunity then given the timeline it's likely, IMHO, that she was involved after the fact. If she's involved, I imagine Terri spun some story about an accident (whether or not it truly was an accident), and in a panic asked DS to help her cover it up. If at some point it became clear to DS that whatever happened was not an accident, she's stuck in the middle of it. In her mind, she can't go to LE, tell them she believed it was an accident and that she acted stupidly, but she now wants to make things right. Acting as an accessory in a murder and/or cover-up is no small crime.

Having said that, I wonder if the reporter was speculating about immunity and the reasons for DS not testifying today and possibly coming back at a later time to testify. Having said that, the timeline puts DS leaving her gardening job at around 11:30; however, TH was checking in to the gym at 11:39. That's not a lot of time to dispose of a body or even hatch a plan to switcheroo.

It's possible that the timeline is off and there was more overlap. If there's more overlap, then it's possible DS was involved in physically helping TH cover up whatever happened to Kyron. Otherwise, IMHO, she found out something after the fact or she doesn't know much at all, but may be called as a witness to Terri's demeanor or how Terri felt about Kyron in general.

 

[beach]

Kimster or anyone else who can find out or knows. I do believe the members of the grand jury can ask questions of the witnesses.

That is true in some states, not sure about Oregon.

 

[Sherbie]

I still think that a grand jury starting up (presumably) after nearly two months is hardly an indication that LE believes Kyron to be alive somewhere. I know it takes time to gather info but it just seems so...leisurely to me. I know in the grand scheme of things it is probably very fast, but usually there is not a child and whereabouts/condition at the center of the case.

On the other hand, there is not much else they can do.

I so hope you are right, but I kind of feel the opposite about what this means. In fact, I feel like that little kitty in your avatar-of-the-day looks. Just plain sad as heck about all of this.

We so often see these situations where the people who have done harm to a child won't give up the location, and the more serious the consequence might be to them, the less likely they are to cooperate.

I'm usually optimistic...not sure why I feel like such a Debbie Downer tonight. I really hope and pray you are right, cluciano!

 

[beach]

FYI in re. the 200+ subpoenas -

If it is titled "Subpoena duces tecum" then it is a subpeona for documents.

 

[BeanE]

after hearing that pro speak on jvm about transactional immunity and DDS possibly seeking it today.. I can SOOOO see this!

The more I think about this the more sense it makes. One of the articles said Dede just hired him on Friday, so there probably wasn't time to do the paperwork etc and process the immunity by today.

That would account for her having to appear because she was subpoenaed, but them not asking any questions because her attorney filed whatever is needed for the immunity.

Now my question is, how common is it to seek immunity. My understanding is that it is common, but I don't know how common. If it's more rare, it may tell us something.

 

[Sherbie]

I don't see them offering that to someone they suspect did the crime... but I wonder.


What if Dede is guaranteed this particular this type of immunity, then drops the bomb during trial and confesses to everything? That would get them both off "scot free"? Terri couldn't be tried on the same charge, and Dede has immunity.

Do I watch too much TV???

Calliope, I think one of the conditions of a hypothetical immunity agreement would be that she give truthful information, and if she didn't, that would negate the deal.

 

[froginTtown]

Yeah ... and slooooooooow in loading up pages.

Got this box for the first time ever:


Thank you for posting! You will now be taken to your post. If you opted to post a poll, you will now be allowed to do so.

Click here if your browser does not automatically redirect you.

I'm on a lap top with wireless connect... I was thinking that had alot to do with it...LOL....:banghead: I can't even keep up... not even close...

 

[butterfly1978]

I don't see them offering that to someone they suspect did the crime... but I wonder.


What if Dede is guaranteed this particular this type of immunity, then drops the bomb during trial and confesses to everything? That would get them both off "scot free"? Terri couldn't be tried on the same charge, and Dede has immunity.

Do I watch too much TV???

I think the only way that immunity is implied is if the person tells the truth. If they lie then that voids the deal, I think thats what I learned from the Anthoney case but who knows if my brain is remembering correctly.

 

[TxLady2]

My brother was arrested BEFORE I testified in front of a grand jury, so I'm not sure that the GJ is needed in order to arrest someone.

In my personal experience, my brother had been sexually abusing me for years and I told a teacher about it when I was 14 years old. My brother, who is 5 years older than me, was arrested at the college he attended. I was interviewed multiple times by police with child protective services there, as well. I had a deposition taken. Then I got subpoenaed for the GJ. I testified and my brother was convicted of a class A felony & sentenced.

This was in Washington County (Beaverton... GJ was in Hillsboro) ~ adjoining county to Multnomah.

So, in my experience at least, the arrest came before the grand jury testimony and it never led to a trial but it did lead to a conviction. So... color me :waitasec: as to why some grand jury testimony leads to an arrest/trial and some leads directly to a conviction. I don't understand it at all!

First of all, I am so sorry for what you went through.
I am assuming that your brother pled guilty and waived his right to a trial. This happens sometimes, and it's good... because it saves the taxpayers a lot of money, and in your case, you did not have to go through a public trial.
It probably helped you get through the whole ugly mess as well.
God bless you, and I pray for strength and healing for you!

 

[JSR]

FYI in re. the 200+ subpoenas -

If it is titled "Subpoena duces tecum" then it is a subpeona for documents.

which in latin means to "bring with". Many times you'll issue a deposition notice and a subpoena for documents (if you're taking about a third party).

 

[Calliope]

Calliope, I think one of the conditions of a hypothetical immunity agreement would be that she give truthful information, and if she didn't, that would negate the deal.

Ok, just my imagination going crazy

Thanks.

 

[Emma Peel]

If Dede had serious criminal problems, one would think she'd be using a criminal attorney. I don't know why Dede doesn't have a criminal attorney if she's going to need accessory after the fact immunity... but ...attny Stavley is at least a trial lawyer.

If Dede requires some assurances before testifying... and is using a personal injury attorney... could the assurances she requires could be more about her reputation?

She might have asked for time to get legal assurances from Kaine & Desiree that they will not pursue civil action against her when she testifies to knowingly withholding relevant facts from the investigation which contributed to slowing it down - in exchange for her testimony of the same.

I have a feeling that Dede may have gotten into her current difficulty by unwittingly becoming Terri's confidant after 1) the murder-for-hire blunder months ago, and 2) the disappearance of Kyron. Just a feeling there.

If LE believed Dede was involved in planning and/or executing the disappearance of Kyron, I don't think they'd be interested in any kind of deal. JMHO there.

ACCESSORY AFTER THE FACT

Whoever, knowing that an offense has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact; one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment. U.S.C. 18

http://www.lectlaw.com/def/a007.htm

:cow:

 

[Sherbie]

Ok, just my imagination going crazy

Thanks.

I :heart: your imagination!

 

[TxLady2]

She thinks I'm silly. HAHA!

My local court clerk friend said that in Multnomah County they choose jurors every so many months but she can't remember how many exactly.

If a juror starts on a case, they will continue with that case until its completion, even if their term expires.

I believe our GJ's here are for a term of six months, could be the same there.
But they can also call a special grand jury, too. In some high profile cases, that has happened.
I think the GJ in Drew Peterson's case went on for a year or more, IIRC.

 

[Tink56]

I believe our GJ's here are for a term of six months, could be the same there.
But they can also call a special grand jury, too. In some high profile cases, that has happened.
I think the GJ in Drew Peterson's case went on for a year or more, IIRC.

I found a blog by a person who went through "voir dire" for a MCGJ. He says the length of service in 4 weeks unless someone gets involved in a case that runs longer. There are three types of Grand Juries in the County according to the poster.

Here's a link and his post.

http://portland.indymedia.org/en/2006/06/340706.shtml
I learned that Multnomah County runs three grand juries year-round unlike smaller municipalities which may only seat a jury for a few months. Jury #1 hears cases of violent person-to-person felonies, #2 considers felony drug charges and #3 is for felony property crimes.

Each juror serves for four weeks, eight hours every weekday. There's no slack time like with regular jury duty and it pays a little more, $25 per day. An employer has no legal right to prevent jury service. Jurors are pulled from the regular jury pool at random, then seven plus two alternates are chosen from that group. If there hadn't been enough candidates from our group, another batch would have been called upstairs.

 

[nursebeeme]

The more I think about this the more sense it makes. One of the articles said Dede just hired him on Friday, so there probably wasn't time to do the paperwork etc and process the immunity by today.

That would account for her having to appear because she was subpoenaed, but them not asking any questions because her attorney filed whatever is needed for the immunity.

Now my question is, how common is it to seek immunity. My understanding is that it is common, but I don't know how common. If it's more rare, it may tell us something.

oregon is one of the few states (from my research after hearing about transactional immunity) in which this form is granted. It means that once she would obtain this "transactional immunity" she (dds) would further be immune from ANY prosecution pertaining to the case she was testifying. I am not sure how rare or common....but being that it is available I can see her seeking it regardless... imhoo.. and in doing so she once again slows the wheels of the system..... She may think she is "winning" here (her pending transactional immunity possibly) and thus the picture of her smug smile as she walks out of the courtroom... but no one is winning here.......and that is what I think she is really missing. IMHOO (again IMHOOOOOOOO).... I think in the coming days and weeks much will be able to be explored about this but for now, to remain within TOS all I will say is it is HINKY TO ME!!!!! And there is obviously (moo) some previous connection between the two with prior knowledge.

again MOOOOOOO (milk me now)

 

[Tink56]

If Dede had serious criminal problems, one would think she'd be using a criminal attorney. I don't know why Dede doesn't have a criminal attorney if she's going to need accessory after the fact immunity... but ...attny Stavley is at least a trial lawyer.

If Dede requires some assurances before testifying... and is using a personal injury attorney... could the assurances she requires could be more about her reputation?

She might have asked for time to get legal assurances from Kaine & Desiree that they will not pursue civil action against her when she testifies to knowingly withholding relevant facts from the investigation which contributed to slowing it down - in exchange for her testimony of the same.

I have a feeling that Dede may have gotten into her current difficulty by unwittingly becoming Terri's confidant after 1) the murder-for-hire blunder months ago, and 2) the disappearance of Kyron. Just a feeling there.

If LE believed Dede was involved in planning and/or executing the disappearance of Kyron, I don't think they'd be interested in any kind of deal. JMHO there.




http://www.lectlaw.com/def/a007.htm

:cow:

I did find a posting that Chad Stavley, Dede's attorney, is also on the a retired Police Department Board. Perhaps, Dede's father used local references for a "hurry-up" attorney for representation. (Also...for personal injury cases, he advertises that his services are free unless he wins a settlement..LOL!)

http://www.retiredportlandpolice.com/Committee.html

 

[xin]

If Dede had serious criminal problems, one would think she'd be using a criminal attorney. I don't know why Dede doesn't have a criminal attorney if she's going to need accessory after the fact immunity... but ...attny Stavley is at least a trial lawyer.

If Dede requires some assurances before testifying... and is using a personal injury attorney... could the assurances she requires could be more about her reputation?

She might have asked for time to get legal assurances from Kaine & Desiree that they will not pursue civil action against her when she testifies to knowingly withholding relevant facts from the investigation which contributed to slowing it down - in exchange for her testimony of the same.

I have a feeling that Dede may have gotten into her current difficulty by unwittingly becoming Terri's confidant after 1) the murder-for-hire blunder months ago, and 2) the disappearance of Kyron. Just a feeling there.

If LE believed Dede was involved in planning and/or executing the disappearance of Kyron, I don't think they'd be interested in any kind of deal. JMHO there.




http://www.lectlaw.com/def/a007.htm

:cow:

This guy may be helping her out for now. Friend maybe.
My guess.