2016.02.26 Mark D. Sievers: Charged with Murder in the 2nd Degree

[LaLaw2000]

IMO, we will still be in for a few surprises when the entire truth comes out. Too much has gone on in that house.

 

[MsJosie]

Does anyone think that CWW has saved hard evidence used in the murder, that can be used against MS? Do you think he was smart enough to save the burner phones etc., just in case his 'brother of a different mother' did not pay him? I keep thinking this may have happened.

 

[TrueCrimeAddict55]

Hmmm.....good question. Judging by how devious MS has proven to be, I would bet he'd been considering & planning TS's hit for a very long time. There was just so much thought/covering up that went into this plan & it took LE so long to untangle the plot. It will be quite interesting as all this is divulged. And I can't wait for the Dateline or 48 Hours episodes to air.....they will prove to a huge audience what pieces of scum MS and his buddies are.

I was very suspicious the day after this happened when I looked up MS on FB. He had changed his profile pic in April, 2014 to one of the beautiful TS (and kept the pic as his profile picture for 6 months) and that in itself gave me the chills. I think it started before that and this was just 1 more way to try and claim to be "the loving husband of a beautiful doctor". Only IMO.....

 

[Oregonmama]

This is from my (terrible) memory....MS had some guy visiting approximately a week to 10 days ago. He drove a purple truck with out of state plates. Stayed at the house for about a week and the bed of the truck was full of Sievers' belongings when he left.

Maybe another sleuther can want to weigh in on what I missed?

Computers and office medical equipment

 

[Oregonmama]

"The life insurance policy was in part motive for the crime"...from MS's court appearance yesterday.
This caught my attention...wondering what the other part or parts are...

Alot of us think MS was selling drugs illegally through the medical practice

 

[fldigger]

has there been a link to the probable cause affidavit for MS yet?

 

[jtate0702]

A unanimous jury vote is not required in Florida for an advisory sentence of death.
Florida requires a simple majority jury vote for death recommendation.

http://www.leg.state.fl.us/Statutes...ng=&URL=0900-0999/0921/Sections/0921.141.html
The 2015 Florida Statutes
921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.—
(1) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.

http://www.tampabay.com/projects/2016/florida-executions/jury-votes/
By ANNA M. PHILLIPS
Times Staff Writer
Jan. 31, 2016
Florida has more than 170 people on death row today who may not have been condemned to die in any other state — the result of its one-of-a-kind law that allows a jury to recommend capital punishment by a simple majority vote, a Tampa Bay Times analysis has found.

I thought the Florida death penalty was currently suspended due to a Supreme Court ruling deeming it unconstitutional, due to it not requiring unanimous jury vote. Is that not correct?? Anybody know?

 

[SurfieTX]

I am curious as to how long ago those who post here think ms was planning to murder ts? I think it well may have been much further back than when he went to mo for the cww wedding. Hoping investigators got all texts emails and computer searches from way back.

2011. He started "grooming" CWW at that point, IMVHO. 2013 is when the $hit hit the fan financially, but we all know he kept up the payments for the condo and the life insurance policies. If nothing else, MS is a very "patient" sociopath. He makes me ill.

 

[ohreally]

I thought the Florida death penalty was currently suspended due to a Supreme Court ruling deeming it unconstitutional, due to it not requiring unanimous jury vote. Is that not correct?? Anybody know?

It was found unconstitutional by the US Supreme Court in January. Hurst vs Florida case. I am on tablet and cannot link, but I find the supreme Court decision by googling Hurst v Florida

 

[jtate0702]

It was found unconstitutional by the US Supreme Court in January. Hurst vs Florida case. I am on tablet and cannot link, but I find the supreme Court decision by googling Hurst v Florida

Thanks! I also.found a New York Times article speaking about its suspension,and how that Supreme court ruling is already being used by judges to bar seeking the DP on cases, and defense attorneys using it to try and get executions stayed. So this means that prosecutors can't seek DP on JRR or MS if the charges are upped to murder 1??? So now all the Florida DP candidates will probably stop waiving their rights to a speedy trial so they can be sentenced to LWOP and avoid the death penalty while it is suspended. What a mess...

http://mobile.nytimes.com/2016/02/0...mbling-to-fix-death-penalty-law.html?referer=

 

[ZOOL]

I thought the Florida death penalty was currently suspended due to a Supreme Court ruling deeming it unconstitutional, due to it not requiring unanimous jury vote. Is that not correct?? Anybody know?

January 12, 2016
The New York Times

<snip>...That procedure was unconstitutional, Justice Sonia Sotomayor wrote for seven justices in the new decision. “The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death,” she wrote. “A jury’s mere recommendation is not enough....” (more)

 

[human]

So glad everyone is getting a chance to "know" SH and FP...They both called Teresa..."Doctor"
I found it very respectful and kind of cute. If SH called me back with a message from TS she would say "Doctor says you should do A, B and C...etc"

This most recent interview of SH is edited quite a bit like the last one...I'm sure she had much more to say. She was a very devoted employee during the time I saw Dr TS ...I understand the office was moving in a new direction in terms of a bigger public presence...having licensed staff would only make sense and also maybe it was just time to part ways...with or without LS's input.

After getting to know MS I'm kind of grateful that SH and FP have found new jobs...whew!

I did see that KC was FB friends with MS

 

[AZlawyer]

I thought the Florida death penalty was currently suspended due to a Supreme Court ruling deeming it unconstitutional, due to it not requiring unanimous jury vote. Is that not correct?? Anybody know?

The Court didn't address the unanimity issue.

 

[Cricket99]

IMO, we will still be in for a few surprises when the entire truth comes out. Too much has gone on in that house.

I don't think anything in this case will surprise me at this point - but I am very grateful that Law Enforcement has once again proven my unwavering faith in them has merit.

 

[observation]

Does anyone think that CWW has saved hard evidence used in the murder, that can be used against MS? Do you think he was smart enough to save the burner phones etc., just in case his 'brother of a different mother' did not pay him? I keep thinking this may have happened.

It's very possible but remember there was quite a bit of redacted info. Held back by the continued investigation of MS. Also, so much more evidence to come. I'm guessing when investigators are looking at forensic digital info., it takes a bit of time not only to collect but then analyze meaningfully. I keep thinking back to the doc dump that included all the phone records and really strained my eyes trying to find some pattern or connection. It's not my field of study and may be done more easily by professionals. I'll bet CWW is devious enough to have held onto some hard core evidence.."just in case" but I also believe he knows what they have or had yet to find.
Bring on the documents.


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[jtate0702]

The Court didn't address the unanimity issue.

Gotcha. So, even though they questioned the unanimity issue in october, they only ruled on the fact that in Florida a judge can assign DP based on different aggravating factors than the jury? Is that correct? But the death penalty is currently suspended in Florida, correct?

 

[Russian Blue]

Does anyone think that CWW has saved hard evidence used in the murder, that can be used against MS? Do you think he was smart enough to save the burner phones etc., just in case his 'brother of a different mother' did not pay him? I keep thinking this may have happened.

I think they found some of those burner phones when they raided CWW's place and the Missouri condo. Weather CWW was saving the evidence, not sure, I think he had not yet disposed of it. Like JRR with his phone. They didn't think they were going to get caught.

 

[observation]

has there been a link to the probable cause affidavit for MS yet?

Not that I have seen yet- believe me my eyes are peeled. Can't wait to read it! He walked around as a proud as a peacock this whole time, well..his ship finally went down. SMS is way too smart and I was glad CWW's attorney may have been instrumental in getting the guilty plea out of her client. The attorney leading CWW down this road is just MHO. I guess I'm cynical in believing that CWW would decide to do the wright thing in all this time.


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[ZOOL]

Gotcha. So, even though they questioned the unanimity issue in october, they only ruled on the fact that in Florida a judge can assign DP based on different aggravating factors than the jury? Is that correct? But the death penalty is currently suspended in Florida, correct?

BBM

According to the NYTimes article (above), "Justice Sotomayor wrote: 'The Sixth Amendment protects a defendant’s right to an impartial jury.' She added, 'This right required Florida to base Timothy Hurst’s death sentence on a jury’s verdict, not a judge’s fact-finding.'"

So in answer to your question, it is my interpretation that: NO, I judge can not assign DP based on different aggravating factors". He is held responsible to a jury's deliberations and findings on the facts; those facts must meet the conditions set forth in Statute 921.141

 

[ohreally]

Thanks! I also.found a New York Times article speaking about its suspension,and how that Supreme court ruling is already being used by judges to bar seeking the DP on cases, and defense attorneys using it to try and get executions stayed. So this means that prosecutors can't seek DP on JRR or MS if the charges are upped to murder 1??? So now all the Florida DP candidates will probably start waiving their rights to a speedy trial so they can be sentencing to LWOP and avoid the death penalty while it is suspended. What a mess...

http://mobile.nytimes.com/2016/02/0...mbling-to-fix-death-penalty-law.html?referer=

I think it would be the opposite. Defendants would be insisting on a speedy trial before the DP is reinstated.
ETA: I wonder if that is one of the reasons the state doesn't seem to be in a rush to up the charges to Murder 1 n this case. Waiting to see if the DP gets reinstated quickly.