AL - Carlethia “Carlee” Russell, 25, faked own abduction, Birmingham, 13 Jul ‘23 #5

[AzPistonsGirl]

two Class A misdemeanor counts do not merit jail time. logic must prevail.

IMO

 

[Seattle1]

Carlee Russell found guilty in faked Hoover abduction: Judge recommends year in jail, $18,000 restitution

Russell, 26, pleaded not guilty and is appealing to the circuit court.

www.al.com

[…]

The ruling came after Russell pleaded not guilty to charges of false reporting to law enforcement authorities and falsely reporting an incident.

Despite her plea, Municipal Judge Brad Bishop found her guilty based on the recommendation of state prosecutors.

Bishop recommended one year in jail and $17,874 in restitution. He also recommended two fines of $831 each.

[…]

Anthony said Russell’s legal team completely disagrees with jail time for a Class A misdemeanor, especially when it’s Russell’s first offense.

“If you can find where someone was put in jail for that, bring the file to me and I’ll look at it,’’ he said. “Generally, they’re not put in jail.”

“Restitution, we don’t disagree with that, but to lock her up and put her in jail, we disagree,’’ he said.

[…]

Anthony said he doesn’t know if more charges will be filed, but said the defense was invited by the Attorney General’s Office to speak before a grand jury. They declined.

Asked where she was during the 49 hours that she was missing, Anthony said, “I think you’ll have to as the AG’s office.”

“The AG’s office I don’t think it being...compassionate,’' he said. “They know the young lady was not off on a whim. They knew the young lady was not off with some young man. So they know that.”

[…]

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After all CRs social media already published, I really detest the fake, image remake. The missing person poster is the real deal!

 

[x_files]

So, most normal women, if their BF was "addicted to strippers" would kick him to the curb and move on...

Not call 911, and fake a hoax kidnapping. It is particularly disturbing to me, how this seems to be so similar to Jussie Smollett's hoax assault. It should be a hate crime to fake a crime and blame someone from another race.

Is this her reason for faking a kidnapping?
I lost track of this case, and wanted to see if she ever admitted to WHY she did this?

 

[Seattle1]

two Class A misdemeanor counts do not merit jail time. logic must prevail.

IMO

Reportedly, being charged with both false reporting to law enforcement authorities and falsely reporting an incident (Class A misdemeanor) carries up to a year in jail.

But I agree, a class A does not merit jail time and a penalty of incarceration is not likely enforceable. It's a shame CR could not be charged with a more serious offense.

IMO, time for Alabamians to contact their legislators to sponsor a bill making a hoax, false claim such as what happened here a more serious crime.

Where was she -- kicked back, watching Netflix, eating cheese crackers? Pft...

Charges

 

[JerseyWasHome2]

Is this her reason for faking a kidnapping?
I lost track of this case, and wanted to see if she ever admitted to WHY she did this?

As far as I know, she only gave a short "confession" stating that there was no kidnapping, no baby, she acted alone and she apologized, but she gave no reason for her actions. I think all of the reasons we've heard are ones people have pondered about, nothing concrete from her, her family or attorney.

 

[mickey2942]

FWIW, jail time is probably not appropriate for 2 misdemeanors. This really needs to be a federal crime, to report a fake crime. Make it a felony, with added "hate crime" for hoax that blames a member of another race. Too many of these situations happen all over the United States, it is time to put a stop to these ridiculous claims, that waste resources, money, and time.

These are not mental health crises, they are generally meticulously planned. Sherry Papini knew what she was doing, it was planned. Jussie Smollett, and Carlee Russell also made prior plans for their hoax crimes.

Time for a real law. With clear consequences. Federal law. JMO.

 

[Seattle1]

IMO, time for Alabamians to contact their legislators to sponsor a bill making a hoax, false claim such as what happened here a more serious crime.

Does AL have offenses against Public Sensibilities?

I first heard this in NY where some actions are considered so offensive that they are criminalized. Criminalized under Penal Law, this can also carry one year in jail. I know my home state will use a violation of public sensibilities to enhance sentencing.

IMO, offending public sensibilities would probably be easier to argue than a Class A misdemeanor.

Speaking of violating public sensibilities, I think CR violated all our civil rights.

I worried about this woman and was deeply offended that she would intentionally worry her parents by employing such sophomoric behavior.

The third unalienable right mentioned in the Declaration of Independence is the “pursuit of happiness.” As with all unalienable rights, the right to pursue happiness as one determines by his or her own talents, desires, conscience, is limited by the laws of nature and of nature’s God.

If “this or that action is destructive of man’s real happiness” the law of nature “forbids it.” In other words, if one lives according to the laws of nature, one will experience true happiness. If one violates or exceeds the boundaries of the laws of nature, it will be destructive of one’s real happiness.

Thus, the unalienable right of “the pursuit of happiness” was within the context of the laws of nature and of nature’s God. The pursuit of happiness does not mean doing what feels good for a moment. Sin may be enjoyable at the moment, but it is destructive of true and substantial happiness, which the Creator has given as a gift to pursue. The duty of how we pursue happiness within the limits of the laws of nature is an unalienable right among others. In the pursuit of happiness, we are not free to lie, kill, or steal, etc. because such actions violate the moral laws of nature and of nature’s God.

True Right to Pursue Happiness - Oak Brook College of Law

True Right to Pursue Happiness

www.obcl.edu

 

[gliving]

Was there any mention of Carlee doing community service?

 

[Seattle1]

Was there any mention of Carlee doing community service?

Wouldn't matter -- she's appealing the basic sentence recommended by the prosecutor.

 

[mickey2942]

Was there any mention of Carlee doing community service?

LOL. Sorry. But with most of these folks, they don't think that they are guilty. So, they don't think community service is "fair" or applies to them. The entitlement mentality is epic. It is harder to get these people to do anything than it is to just give them a fine.

Watch "Better Call Saul", when Jimmy was given community service, he talked on his cell phone, pleaded a back injury, and in 3 hours, collected 3 pieces of trash. That is pretty accurate.

 

[JerseyWasHome2]

FWIW, jail time is probably not appropriate for 2 misdemeanors. This really needs to be a federal crime, to report a fake crime. Make it a felony, with added "hate crime" for hoax that blames a member of another race. Too many of these situations happen all over the United States, it is time to put a stop to these ridiculous claims, that waste resources, money, and time.

These are not mental health crises, they are generally meticulously planned. Sherry Papini knew what she was doing, it was planned. Jussie Smollett, and Carlee Russell also made prior plans for their hoax crimes.

Time for a real law. With clear consequences. Federal law. JMO.

Absolutely agree! Manpower, manpower = $$$$$ wasted, the potential for searchers to be injured or killed (like, um, she left her Mercedes on that super busy highway and folks continued to search there and could have been injured or killed). The potential for future searchers to become jaded and not as invested in future missing persons cases, and so on. There was another case in NE PA where the woman claimed to have been pulled over by a police officer and it was all false - Chloe Stein. All because she couldn't admit she had issues with her supposed college dropout.
Woman charged with faking her own abduction to hide fact that she dropped out of college, state police say

 

[JerseyWasHome2]

Wouldn't matter -- she's appealing the basic sentence recommended by the prosecutor.

Here's where I get a bit lost. She admitted what she did months ago. Today she plead not guilty. The judge said she should serve 6-12 months (I'm reading conflicting info on the term online) plus the monetary fine. Her lawyers immediately said they'd appeal. But don't you have to serve the time from the first sentence until an appeal is on the schedule?

 

[x_files]

As far as I know, she only gave a short "confession" stating that there was no kidnapping, no baby, she acted alone and she apologized, but she gave no reason for her actions. I think all of the reasons we've heard are ones people have pondered about, nothing concrete from her, her family or attorney.

Thank you.

 

[Seattle1]

That's what I don't understand - she confessed, so how is a "not guilty" plea even legal?

Alabama law is different in that she was first charged in Municipal court, and in muni court, there is no jury trial.

The constitution allows anyone who faces jail time to have their case heard and decided by a jury of their peers. In other words, once they said jail, the appeal was automatic.

The question about confessing and then changing to 'not guilty' at the arraignment comes up often -- especially when a defendant confesses to murder.

Defendants legally change their pleas for a couple of reasons: Generally, many confess before they've invoked their right to counsel, and after they have an attorney, they learn that in criminal cases, the prosecution must meet a high standard of evidence to prove a defendant's guilt beyond a reasonable doubt.

The burden is entirely on the prosecution to prove the defendant guilty-- even if you initially confessed, a defendant is not held to help the prosecution prove their guilt!

Another reason why you see so many arguments to throw out a defendant's confession or find it inadmissible as evidence. MOO


(We were talking about this yesterday in Matthew Coleman's case where the CA surf instructor sat with investigators for hours and told them how he took his two babies to Mexico and murdered them, leaving their bodies behind in Mexico, in some QAnon belief. He also pleaded not guilty at his arraignment).

ETA: add link -- Court explains

If a suspect confesses, why do they plead ‘not guilty?’ | Kitsap Crime and Justice

If a person confesses to a crime, why do they plead not guilty in court? It’s a common question and came up last week when Hap Jackson’s 21-year-old grandson confessed, multiple times, to stabbing his 90-year-old grandfather at his Rocky Point home.

pugetsoundblogs.com

 

[Cubby]

That's what I don't understand - she confessed, so how is a "not guilty" plea even legal?

I have the same question. How does one admit to something and plead not guilty?

 

[JerseyWasHome2]

Alabama law is different in that she was first charged in Municipal court, and in muni court, there is no jury trial.

The constitution allows anyone who faces jail time to have their case heard and decided by a jury of their peers. In other words, once they said jail, the appeal was automatic.

The question about confessing and then changing to 'not guilty' at the arraignment comes up often -- especially when a defendant confesses to murder.

Defendants legally change their pleas for a couple of reasons: Generally, many confess before they've invoked their right to counsel, and after they have an attorney, they learn that in criminal cases, the prosecution must meet a high standard of evidence to prove a defendant's guilt beyond a reasonable doubt.

The burden is entirely on the prosecution to prove the defendant guilty-- even if you initially confessed, a defendant is not held to help the prosecution prove their guilt!

Another reason why you see so many arguments to throw out a defendant's confession or find it inadmissible as evidence. MOO


(We were talking about this yesterday in Matthew Coleman's case where the CA surf instructor sat with investigators for hours and told them how he took his two babies to Mexico and murdered them, leaving their bodies behind in Mexico, in some QAnon belief. He also pleaded not guilty at his arraignment).

Thanks for that. So it seems the AL law is useless because the constitution allows anyone to have a jury of their peers if they face jail time, so then the appeal was enacted BUT... she confessed after she had an attorney present, so are you saying now it's up to the state or someone to prove her guilt? That's awful if she confessed!!

 

[Seattle1]

Thanks for that. So it seems the AL law is useless because the constitution allows anyone to have a jury of their peers if they face jail time, so then the appeal was enacted BUT... she confessed after she had an attorney present, so are you saying now it's up to the state or someone to prove her guilt? That's awful if she confessed!!

And CR only confessed to lying. Just imagine a defendant confesses to murder and then goes to trial where the defense puts on that their client is innocent! It happens every day. That's the American Justice system!

 

[ifindedout]

I have the same question. How does one admit to something and plead not guilty?

Because a loophole in Alabama law allows it, in that local law is not in harmony with state law.

 

[ilovewings]

And CR only confessed to lying. Just imagine a defendant confesses to murder and then goes to trial where the defense puts on that their client is innocent! It happens every day. That's the American Justice system!

It does happen every day and it boggles my mind

 

[Seattle1]

Carlee Russell, 25, is found GUILTY of faking disappearance

The 25-year-old was on Wednesday convicted of two misdemeanor charges after lying to cops about seeing a child on a highway and being abducted.

www.dailymail.co.uk