ARUBA - Robyn Gardner, 35, Maryland woman missing in Aruba, 2 Aug 2011 - # 4

[MysteryAddict]

Wow, a dress and two towels? We have to wonder if this is true or only another rumor.
If true, is it the dress we saw Robyn wearing in the photo leaving the restaurant?
This could be "bombshell" evidence, but somehow I have my doubts about it coming
out at this late date.

 

[HatesSociopaths]

I do understand that people can be charged without a body, some have even been convicted of murder without a body, but in this case how will they charge GG without RG's body? How will they be able to prove that she didn't really just accidently drown?

IMO, they got 60 more days with hopes of finding the body during that time. It's all that is left really to sew up this case, IMO. They still will be able to charge him for murder without the body, but it would make this a slam dunk if they had that evidence. If they do a good search, they will find it on land, IMO.

The most telling thing to come out yesterday is that they are considering charging with him insurance fraud. That tells me that the FBI has handed them this case on a silver platter. What probably happened is the FBI contacted AMEX and got a hold of the Change of Beneficiary Form that RG allegedly signed in the presence of a witness. That then got established as a forgery, and the witness to the signing was shown to be false. In other words, fraud.

That is very damaging for the suspect. It shows premeditation. It shows he secretly arranged to be paid 1.5 million dollars in the event of RG's accidental death. It will be his undoing and is enough to get a murder conviction, IMO, body or not.

 

[HatesSociopaths]

Wow, a dress and two towels? We have to wonder if this is true or only another rumor.
If true, is it the dress we saw Robyn wearing in the photo leaving the restaurant?
This could be "bombshell" evidence, but somehow I have my doubts about it coming
out at this late date.

I think what probably happened is GG trotted out to the beach and laid the two towels down along with the dress before asking for someone to call the police.

MOO.

 

[kljohnson0458]

I think what probably happened is GG trotted out to the beach and laid the two towels down along with the dress before asking for someone to call the police.

MOO.

Didn't hear the helicopters or whatever air searchers they had say anything about this. Remember they were looking for "fins".

 

[HatesSociopaths]

BBM
I don't know this for fact, but I'm thinking in Aruba, it might be a lesser offense, beneath manslaughter, perhaps? I mean, I can't imagine why Taco Stein would mention the charge if he couldn't use it.

That being said, I don't think the Aruban legal definition of 'accidental death' is as ... innocent? as, say, Robyn Gardner's AMEX policy would describe accidental death. In other words, if 'accidental death' is a criminal offense in Aruba, I'm guessing if those charges are leveled, there's a level of avoidability/resposibility of the defendant in the assumption of events. :waitasec:

We need an "Ask an Aruban Lawyer" section, STAT! :crazy:

ETA: http://www.aruba.com/explorearuba/islandfacts/law.aspx
This doesn't answer the immediate question, but gives a bit of overview of their legal system. Note: more info if you click on the hyperlink at the bottom of the page.

I think it was a typo personally, and it probably should have read "Accidental Death Insurance Fraud."


MOO.

 

[Starfish]

Has anyone heard anything in regards to what they may have found in GG's home or computers?

 

[Yellow Rose]

I think what probably happened is GG trotted out to the beach and laid the two towels down along with the dress before asking for someone to call the police.

MOO.

That's IF that is indeed true that they FOUND two towels and a dress. I find it hard to believe that at this late date they are releasing that information. But I agree with you 100% on the premeditation as I stated in an earlier post.

 

[HatesSociopaths]

At the end of the 60 days, prosecutors can ask the judge to extend the detention further or they can bring him to trial. Solicitor General Taco Stein said they are considering a range of possible charges, including murder, manslaughter, accidental death and insurance fraud.

Prosecutors have not disclosed any evidence against him but have said he gave inconsistent accounts about the 35-year-old woman’s disappearance. They also confirmed he was the beneficiary of a $1.5 million accidental death insurance policy he took out on her.

Stein said before the ruling that prosecutors provided the judge with the findings of the investigation so far but did not reveal all the evidence against Giordano.

“There are some things we still need to confront him with,” Stein said.

Giordano’s lawyer, Michael Lopez, said before the hearing that he believed his client would be released. Otherwise, he said, he would have no immediate comment on the ruling, but he has said previously that there is no evidence of any crime.

Giordano, a 50-year-old from Gaithersburg, Maryland, has been held in his own cell at the island’s jail, but authorities plan to move him to a cell that he would share with two other prisoners, Stein said.

http://www.trivalleycentral.com/art...atch/world_news/doc4e5fbd2d74068473569468.txt

I think it's possible they could get a confession if they have evidence he forged the Change of Beneficiary Form and can corner him continually with the lies he has told, the surveillance footage, etc.

Perhaps they could offer something in exchange (slight leniency in sentencing) for a confession that includes information about the location of the body?

MOO.

 

[Dushi]

If she is deceased, I hope that her family can recover her
If he is responsible, and knows he is going to jail for a very long time, i would hope he would do the decent thing and tell the truth.


I think a person has to have a conscience to do that

I don't think he is going to talk
LE has said he has refused to cooperate in several weeks
Probably afraid he will get caught in more lies imo

 

[HatesSociopaths]

http://abcnews.go.com/GMA/video/aru...tab=9482930&section=1206852&playlist=14426693

From a victimology angle, I think it is worth questioning why RG stayed in this abusive relationship. It wasn't for religious reasons, it wasn't for the kids, what led her to keep going back to him? What did he have to offer that was incentive enough for her to stay in an abusive relationship, however off and on it was?

 

[kljohnson0458]

Who saw that Robin was covered in bruises and why are they just now telling the story. I don't believe these leaks are just now coming from LE and no reason witnesses should hold back this type of info. If she was in fact bruised, could it be a result of the extreme photos on the camera?????

 

[HatesSociopaths]

Who saw that Robin was covered in bruises and why are they just now telling the story. I don't believe these leaks are just now coming from LE and no reason witnesses should hold back this type of info. If she was in fact bruised, could it be a result of the extreme photos on the camera?????

ABC says they got a hold of witness statements, they don't say how. The report is from CJ according to the video I believe.

 

[Dushi]

First of all, I don't know if she was in an abusive relationship
She may have been ,maybe not

Sometimes people stay because it is easier than getting out and don't even try to figure it out, been there , done that. You can't understand unless you have done it. Eventually, you get strength

I recall the friend talking about bruises, but we really don't know how they got there, if in fact she was bruised

Its amazing how all of this is surfacing now

 

[Dushi]

ABC says they got a hold of witness statements, they don't say how. The report is from CJ according to the video I believe.

Yes.

I am appalled by this
How did ABC get witness statements?

I expect these leaks could present a problem if and when this goes to trial

 

[HatesSociopaths]

First of all, I don't know if she was in an abusive relationship
She may have been ,maybe not

Sometimes people stay because it is easier than getting out and don't even try to figure it out, been there , done that. You can't understand unless you have done it. Eventually, you get strength

I recall the friend talking about bruises, but we really don't know how they got there, if in fact she was bruised

Its amazing how all of this is surfacing now

It certainly aligns with the troublesome past of GG, he had not one but two protection orders filed against him in 2010, plus other women have come forward with stories of stalking, anger, etc. not to mention the sexual assault charge (one of the women in 2010 with the protection order.)

 

[HatesSociopaths]

Yes.

I am appalled by this
How did ABC get witness statements?

I expect these leaks could present a problem if and when this goes to trial

Good question, but I don't see how this could present a problem when it goes to trial.

 

[Magdalyn]

FYI for anyone interested in the potential sentences for murder and manslaughter in Aruba:

The legislature determines whether an offense constitutes a crime or an infraction. Imprisonment is only imposed for serious crimes. The minimum sentence is 1 day, the maximum is 15 years. Murder sentences can be extended to 20 years. A life sentence may be imposed for murder or manslaughter with aggravating circumstances, although this is rare.

http://www.curacao-law.com/2007/11/26/aruba-criminal-law/

Also interesting to note:

The court trial lacks some elements of a purely adversarial process in that while it is the judge who asks questions at the trial, attorneys are only allowed to ask supplementary questions, cross-examination does not exist.

 

[deanna82437]

Yes.

I am appalled by this
How did ABC get witness statements?

I expect these leaks could present a problem if and when this goes to trial

Is it not strange that once again ABC seems to be involved in a crime case? :waitasec:

 

[Dushi]

Good question, but I don't see how this could present a problem when it goes to trial.

well... you may be right
Aruba does not have a jury system so its not like it would be tainted

The media really does not care about justice
Its all about ratings

And as we have seen over and over, they change the story as they go along
I no longer know what to believe

 

[Magdalyn]

Good question, but I don't see how this could present a problem when it goes to trial.

I'm going to have to agree. Doesn't look like they do jury trials. Looks like judge decides your fate and then you have the right to appeal ... to another judge.

Question: Say he's found quilty and gets 15 years in Aruba. Does the US have any jurisdiction to bring our own charges against him? (FBI involved ?--federal jurisdiction, also, civil suit by parents possibly--though I'm not sure he has assets...?)