Found Deceased AZ - Isabella Grogan-Cannella, 8, Bullhead City, 2 September 2014 - #4

[MsMarple]

Harry Moore, Rector's public defender filed the motion for Rector to defend himself. If the judge grants it he'll likely be assigned as co-counsel.

I don't get what game they're playing here; it's either a ploy to get the death penalty off the table or Rector's brain is fried. In any case he's got a snowball's chance in Hell if he goes for an insanity plea. The fact that he buried Bella's body shows he knew what he was doing was wrong and his attempt to discard his clothing during the course of the night is further evidence that he planned to conceal his crime.

Moore, Rector’s court-appointed attorney, said Rector suffers from some mental health issues. In October, the Court granted funding for up to $10,000 for Rector to receive a psychological evaluation.

Moore said the results of the test might help persuade prosecutors not to seek the death penalty in the case.

http://www.mohavedailynews.com/news...cle_02aa3938-63fc-11e4-800e-5b0a68000756.html

In documents, Rector's public defender wants to probe his mental condition as well as his mental state at the time of the alleged offense. The motion states Rector's attorney does not believe the defendant will be able to act in his own defense due to the effects of “prolonged methamphetamine abuse.”

http://www.fox5vegas.com/story/2727...g-files-to-defend-self-in-court#ixzz3IDCmVok3

 

[MsMarple]

Oh, the sad, sad irony: Rector's trying to avoid the DP because of his prolonged meth use - allegedly provided at least in part by Tania herself. What a tangled web.

And here we have yet another self-proclaimed "good mother" showing her true colors. I'm getting sooo sick of those words!

 

[skibaboo]

New documents uploaded http://www.mohavecourts.com/highprofile/highprofileRector.htm

The defense requested a mental eval but the state has opposed the request? Am I reading these right?

 

[MsMarple]

New documents uploaded http://www.mohavecourts.com/highprofile/highprofileRector.htm

The defense requested a mental eval but the state has opposed the request? Am I reading these right?

skibaboo, you are the gift that keeps on giving, thanks!

I believe you are reading it right. The first motion was a request by Rector's defense attorney (Harry Moore) for a Preliminary Rule 11 Examination to assess Rector's mental state both presently and at the time of the murder.

Shortly after, Moore re-filed the motion, this time asking for Dr. Lawrence Schiff to conduct the preliminary exam.

The State rejected the motion based on the Defense failing to provide sufficient facts to show reasonable grounds for the request, which is necessary for the Court to be able to rule on the motion.

IOW the State is saying no, the defense simply asserting that Rector is incompetent doesn't fulfill the requirements – they must also show supporting facts. For example, my guess is maybe statements made by Rector or his behavior while in custody, any jail incidents, etc..

The motions have been sent to the judge but he hasn't made a ruling yet.

 

[RottyMama]

AZ statutes RE: Mental Evaluations and Competency..http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00753.htm&Title=13&DocType=ARS

and...."13-503. Effect of alcohol or drug use

Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind"

 

[MsMarple]

The best I can tell as to what's happening is:

Moore filed a Motion for Expert Funds on October 3 requesting 10k(!) for a mental evaluation of Rector. Defense stated that to date they had received minimal disclosure (from Rector). Defense also noted that they hoped an evaluation might result in mitigating circumstances that would persuade the State to take the death penalty off the table, but if not then "additional funding" would be necessary.

Judge Jantzen granted the motion on October 9. I see that "up to" $10,000 was inserted into the granting document. :giggle:

In order to tap into those funds the defense then needed to file the proper motions requesting a preliminary evaluation, which it did on November 3. The State in turn rejected the request because the defense hasn't provided any reasonable grounds for it.

Quite a saga.

 

[MsMarple]

AZ statutes RE: Mental Evaluations and Competency..http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/00753.htm&Title=13&DocType=ARS

and...."13-503. Effect of alcohol or drug use

Temporary intoxication resulting from the voluntary ingestion, consumption, inhalation or injection of alcohol, an illegal substance under chapter 34 of this title or other psychoactive substances or the abuse of prescribed medications does not constitute insanity and is not a defense for any criminal act or requisite state of mind"

That kind of shoots down Moore's strategy, eh? That's probably why he's pressing the idea of prolonged meth use, claiming Rector's permanently messed up rather than "temporarily insane" on the night he murdered Bella.

Yeah, good luck with that.

 

[MsMarple]

Judge Jantzen's hearing Rector's attorney's motion to withdraw (as counsel) and will also rule on the Rule 11 motion at 1:30 today.

http://www.mohavecourts.com/Calendar/division4.pdf

Gee, I wonder what will happen... :thinking:

 

[RottyMama]

That kind of shoots down Moore's strategy, eh? That's probably why he's pressing the idea of prolonged meth use, claiming Rector's permanently messed up rather than "temporarily insane" on the night he murdered Bella.

Yeah, good luck with that.

Yes, and since Rector had recently completed an inhouse drug counseling program, I wonder if those records are admissible in court. Obviously, if he was messed up in the head, they wouldnt have just released him without requiring psy counseling as well.

 

[RottyMama]

Oh, the sad, sad irony: Rector's trying to avoid the DP because of his prolonged meth use - allegedly provided at least in part by Tania herself. What a tangled web.

And here we have yet another self-proclaimed "good mother" showing her true colors. I'm getting sooo sick of those words!

Well, Tania provided the means (supplying the drugs) and the opportunity (leaving Rector with Bella knowing he was under the influence) which means he didn't act alone..... (see rule #3)13-301. Definition of accomplice

In this title, unless the context otherwise requires, "accomplice" means a person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, who with the intent to promote or facilitate the commission of an offense:

1. Solicits or commands another person to commit the offense; or

2. Aids, counsels, agrees to aid or attempts to aid another person in planning or committing an offense.

3. Provides means or opportunity to another person to commit the offense.

 

[Magdalyn]

Well, Tania provided the means (supplying the drugs) and the opportunity (leaving Rector with Bella knowing he was under the influence) which means he didn't act alone..... (see rule #3)13-301. Definition of accomplice

In this title, unless the context otherwise requires, "accomplice" means a person, other than a peace officer acting in his official capacity within the scope of his authority and in the line of duty, who with the intent to promote or facilitate the commission of an offense:

1. Solicits or commands another person to commit the offense; or

2. Aids, counsels, agrees to aid or attempts to aid another person in planning or committing an offense.

3. Provides means or opportunity to another person to commit the offense.

Even if we believe she didn't know Justin was still there when they left, I would say allowing an unrelated male felon whom you sell meth to, and smoke meth with, to share sleeping quarters with your two young daughters sure sounds like providing means and opportunity to me.

And negligence. And abuse.

But anyway....

 

[SCHMAE]

Oh, the sad, sad irony: Rector's trying to avoid the DP because of his prolonged meth use - allegedly provided at least in part by Tania herself. What a tangled web.

And here we have yet another self-proclaimed "good mother" showing her true colors. I'm getting sooo sick of those words!

IMHO an actual good mother would never be caught dead uttering the words " i'm a good mother''. mooooooo

 

[skibaboo]

If anyone is still reading the fb groups. A lady who was in court today is about to post an update.

And thank you MsMarple! I just spend way too much time online lol

 

[RottyMama]

From FB, Lady who was present in court today.... "they are seeking the DP" will update shortly...

 

[skibaboo]

According to the lady on fb too, the media (newspaper people) were at the courthouse, so we should get a MSM update soon

 

[RottyMama]

Prosecution did indeed file a motion for the death penalty. Local newspaper was there, so there will probably be a story in tomorrows paper. (trying to find something official before I post more)

 

[RottyMama]

according to the judge regarding todays hearing...
There can be no mental illness and he must be educated in the legal process to defend himself. A mental eval must be done and reports completed by Dec 3. A hearing will be held on Dec10 regarding the results of the eval.
Now that the DP is sought, Rector must have 2 attorneys, and the lead attorney must be death penalty qualified in order to represent him.

 

[RottyMama]

Heres the story...
http://kdminer.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=63643&TM=65155.32

 

[RottyMama]

Three new documents entered today...
http://www.mohavecourts.com/highprofile/highprofileRector.htm

 

[MsMarple]

If anyone is still reading the fb groups. A lady who was in court today is about to post an update.

And thank you MsMarple! I just spend way too much time online lol

Three new documents entered today...
http://www.mohavecourts.com/highprofile/highprofileRector.htm

Thanks for the updates! I'm always running behind in my sleuthing so it's good that y'all are on top of things! :loveyou:

I'm sure you already know about this but for others (like me) I just discovered the Mohave Courts has a Twitter account where they post when new documents go up, along with a link:

https://twitter.com/mohavecourts