CA CA - Bryce Laspisa, 19, Castaic, 30 Aug 2013 - #5

[IHAVENOCLUE]

I am a prosecutor in Illinois. We often charge first offenders with drug cases with misdemeanors, despite the amount being a felony level amount, and give the individual supervision in the hopes that he can get back on the right track. Supervision is NOT a diversionary program and is not automatically dismissed. The arrest and disposition remains on your record forever. It is just not a conviction.

What is most telling in drug cases is the drug fine assessed. It encompasses a street value fine, usually roughly $10/gram in cannabis cases. His fine is REALLY steep and was paid up front, which is indicative of a large amount. The offense he actually pled to does not at all indicate what the ACTUAL level was. I can tell you that cannabis is negligible enough here that you don't see much simple possession charged, despite the fact that the laws are on the books. So I won't break the rules and speculate as to how much he actually had, who paid his fines, etc.- just filling you in on the law in Illinois.

Oh, and the reason it can go up to $2500 is that you can be assessed a fine up to $2500 and up to 364 days in the county jail on a Class A misdemeanor. That fine does not include a street value or drug assessment fine. That is how his was able to exceed that amount.

:wagon: Lawyer for the Peeps! :welcome:

Thank you for your legal input!

:seeya:

 

[IHAVENOCLUE]

Has Kim actually been interviewed about her conversation/s with Bryce?
Until she is, and it comes from her own mouth, it is hearsay.

I am sorry to derail the thread...

but now I have an OCD like obsession to figure this out...

Is the difference between the two convos that ONE was reported in MSM or LE...

and the other was not?

thank you for indulging me...:blushing:

 

[RoseGarden]

In researching Port Orford, it looks one of the few ways to gain more traction could be through the Chamber of Commerce. I have sent a detailed message to them and asked them to visit the Find Bryce FB page. I specifically asked how we can get the word out more effectively, and noted that someone is removing the "Missing" posters from local businesses. I made a plea that will hopefully resonate with someone there, including a bit about the accident, the head trauma and the blood discovered. I will update here if I receive a response.

 

[IHAVENOCLUE]

From what I have read, the GF stills considers herself as such. That may not mean much, or it may mean that Bryce was acting in such an extraordinary manner that she ignored his break-up talk. If so, that could be important in trying to get a handle on his state of mind, I guess.

Thank you, Clu!

this is what I am thinking, as well...

the REASON... Or the actions BEHIND ....the breaking up could be very informative..

for example... If a guy/gal is breaking up with the GF/BF because s/he does not feel s/he is good enough for the other... but still LOVES the other .... then that break-up takes on new meaning... the other may not recognize it as a break-up...

additionally... If the break up is initiated due to outlying factors (emotional, from being intoxicated, etc.) then the break up may not be recognized by the other, either...

Just a few scenarios...

 

[Voice4theSilent]

I am sorry to derail the thread...

but now I have an OCD like obsession to figure this out...

Is the difference between the two convos that ONE was reported in MSM or LE...

and the other was not?

thank you for indulging me...:blushing:

I thought that at first, too (in relation to the rules of this site)....but the one that wasn't reported in MSM was reported by a Verified Insider (??)

 

[Lawyer for the Peeps]

Thanks for all of the clearly laid out info - do you have cameras in the courtrooms over there? Bet you'd be a treat to watch try a case live stream.

Thanks! We don't. We have the statute passed for it but courts are very reluctant to implement the idea.

 

[Quester]

Oral hearsay (what one person tells another about a third person) ...
http://legal-dictionary.thefreedictionary.com/hearsay

:drink: So ... again if I'm understanding correctly ... hypothetically:

"Bryce told me he wanted to break-up with me"
Kim told Caron about what Bryce said to her(Kim) = hearsay :drink:

* * *
" I told Kim I wanted to break-up with her"
Bryce told Mom what he said/his words to Kim ≠ hearsay :drink:

If Bryce then told Mom what Kim said in response, well friends that = hearsay


everybody :drink:

Is that correct?

:drunk: :thud:

 

[Lawyer for the Peeps]

So hearsay is defined as anything that is not said in an interview?

Hearsay is an out of court statement offered for the truth of the matter asserted. Any of those statements offered in court to prove they broke up would be hearsay. Outside of trial, the word has very little significance.

 

[SCV_EagleJ]

I think the breakup probably happened because of whatever is going on with BL. I believe I read that BL and his mom had a good Long talk a day or two before he went missing. I would think they talked about their relationship at some point. Assuming they are as close as everyone says they are.

If his mom thought that he was serious I don't believe she would let her go around saying she was his girlfriend. I believe they both know he wasn't mentally in a good place. Something was up.

 

[Mountain Misst]

You guys...c'mon...maybe hearsay is defined differently in Australia than in the U.S of A

:truce:

 

[BluePoppy]

Has Kim actually been interviewed about her conversation/s with Bryce?
Until she is, and it comes from her own mouth, it is hearsay.

It has come out of Kim's mouth to Caron. The same as it came out of Bryce's mouth to Karen. There is no difference.

As Gitana has posted here before, everything said here is technically "hearsay".

I am sorry to derail the thread...

but now I have an OCD like obsession to figure this out...

Is the difference between the two convos that ONE was reported in MSM or LE...

and the other was not?

thank you for indulging me...:blushing:

"Hearsay" does not matter who is hearing it. Karen hearing it from Bryce & saying it to a news reporter is no different than Caron hearing it from Kim & reporting it to us.

I thought that at first, too (in relation to the rules of this site)....but the one that wasn't reported in MSM was reported by a Verified Insider (??)

As far as this site goes, only info from MSM or a verified insider is allowed to be discussed.

Thank God I'm not the only one who thought I was going crazy here with all this circle talk. kay:

 

[BluePoppy]

When my brother was deployed he broke up with his girlfriend of several months (it wasn't serious and frankly NONE of the family liked her). Anyway, he was killed shortly after arriving in Iraq, maybe 2 months AFTER the break up. She still claimed to be his girlfriend at the time of his death. We, the family, didn't treat her as such because we knew he'd broken up with her and as I said didn't like her. However, a prior serious girlfriend (that we all LOVED) had been talking to him via email again and they'd discussed "giving it another go" when he returned. We did (and still do) treat her as a member of the family.

Anyway, my point is, it's understandable that there's some confusion on what KS would be called/treated as given the break up happened right before he went missing.

RSBM. First, I am so sorry for the loss of your brother. God Bless your family.

This has been my feeling all along. The breakup happened, the family really liked Kim & feels the breakup was not "real" since he was "acting weird" and not in a normal state of mind for him. Therefore, they still refer to her as his gf. Because Karen has clearly said it both ways via different MSM sources. But I think we got the details ironed out today via dragracerz & caron. Thank you!

 

[geevee]

Thanks! We don't. We have the statute passed for it but courts are very reluctant to implement the idea.

Utah is having their very first live streamed trial soon, so there's hope for you (and us) yet!

 

[Quester]

O/T: My final legal term post of the day ...

Since the term "hearsay" is used instead of say "entendre dire" or whatever the correct French equivalent,

why isn't the term "seesay" used instead of the French derived term "voir dire"?

:drumroll:

 

[Seajay]

Hearsay is an out of court statement offered for the truth of the matter asserted. Any of those statements offered in court to prove they broke up would be hearsay. Outside of trial, the word has very little significance.

So what Kim, Karen and Caron said is heresay?

I need a lawyer to defend me against heresay, I've got a headache.

So outside of trial, EVERYTHING anybody says is heresay? I need a nap. fftobed:

 

[Jo in Calif]

It is being said that his parents know him, he would never disappear and not let them know he is OK.
I would imagine that he knows his parents, there could possibly be something going on that he "knows" he couldn't talk to them about.
It is being said that he was acting like he was not in his right mind, maybe it's because what he has going on appears that way to them, but to him he is clearly in his right mind.
There are things that happen in a persons life that would never be accepted by some people, possibly this is going on with Bryce.
So far, IMO, I have not seen any concrete evidence that Bryce did not stage his own disappearance and does not want to be found at this time.

 

[Lawyer for the Peeps]

So what Kim, Karen and Caron said is heresay?

I need a lawyer to defend me against heresay, I've got a headache.

So outside of trial, EVERYTHING anybody says is heresay? I need a nap. fftobed:

If offered for the truth at trial and one of the many exceptions does not apply. It is boring unless you need to know it.

 

[Seajay]

If offered for the truth at trial and one of the many exceptions does not apply. It is boring unless you need to know it.

There are exceptions? Many?? Aiyeeeeeeeeeee!

 

[lillygator]

To you and his dear family - please know that not everyone on this forum agreed with the posting of the charges. IMO it was unnecessary, unhelpful and intrusive. Gitana, the verified attorney, has been very helpful in calming some of the 'hysteria' about this, which to me, is just so not an issue. We were all teenagers once, the only perfect people aren't on this earth.
Agree that the focus should be on finding Bryce and bringing him home, nothing else. Prayers for the family. :rose:

I 100% disagree with you. in any missing person case ALL details are CRUCIAL. I am willing to BET, this drug charge has alot to do with this case.

Sorry, what Bryce told his mother is not hearsay because we have his mother's first person record of the conversation.

What KS told Caron is hearsay because we're hearing it from Caron.

In a court, Caron can give evidence that the conversation took place, but the substance of it is not accepted as evidence . It would have to come from KS. :twocents:

the mom could be glossing it over...as could anyone who spoke with Bryce.

I am a prosecutor in Illinois. We often charge first offenders with drug cases with misdemeanors, despite the amount being a felony level amount, and give the individual supervision in the hopes that he can get back on the right track. Supervision is NOT a diversionary program and is not automatically dismissed. The arrest and disposition remains on your record forever. It is just not a conviction.

What is most telling in drug cases is the drug fine assessed. It encompasses a street value fine, usually roughly $10/gram in cannabis cases. His fine is REALLY steep and was paid up front, which is indicative of a large amount. The offense he actually pled to does not at all indicate what the ACTUAL level was. I can tell you that cannabis is negligible enough here that you don't see much simple possession charged, despite the fact that the laws are on the books. So I won't break the rules and speculate as to how much he actually had, who paid his fines, etc.- just filling you in on the law in Illinois.

Oh, and the reason it can go up to $2500 is that you can be assessed a fine up to $2500 and up to 364 days in the county jail on a Class A misdemeanor. That fine does not include a street value or drug assessment fine. That is how his was able to exceed that amount.

ty
Illinois Penalties for Possession of Marijuana (includes Hashish)
Amount Classification Prison Term Fine
Up to 2.5 gm Class C Misdemeanor Up to 30 days $1,500
2.6 - 10.0 gm Class B Misdemeanor Up to 6 months $1,500
10.1 - 30.0 gm Class A Misdemeanor Less than 1 year $2,500
Class 4 Felony for 2nd and subsequent offenses 1-3 years $25,000
30.1 - 500.0 gm Class 4 Felony 1-3 years $25,000
Class 3 Felony for 2nd and subsequent offenses 2-5 years $25,000
500.1 - 2,000.0 gm Class 3 Felony 2-5 years $25,000
2,000.1 - 5,000.0 gm Class 2 Felony 3-7 years $25,000
More than 5,000 gm Class 1 Felony 4-15 years $25,000



also can you weigh in on a jaywalking fine? all I have found are $75.

 

[slowpoke]

To you and his dear family - please know that not everyone on this forum agreed with the posting of the charges. IMO it was unnecessary, unhelpful and intrusive. Gitana, the verified attorney, has been very helpful in calming some of the 'hysteria' about this, which to me, is just so not an issue. We were all teenagers once, the only perfect people aren't on this earth.
Agree that the focus should be on finding Bryce and bringing him home, nothing else. Prayers for the family. :rose:

Whew, I think I'm finally all caught up now with this thread.

We all want to find Bryce and bring him home--of course. Perhaps we just differ on the weight some information might hold.

I was not thinking that the conviction automatically was indicative of a big drug problem. There are many people who use mj, even regularly, but don't have a record since they've never been "caught". BL was one of the ones who got caught. I did think, however, that knowing about this conviction might be helpful to figuring out BL's emotional state at the time of the accident. Since he had had this prior trouble, and is generally a good kid--is it possible he was afraid of somehow getting in trouble with the law again, getting something on his record again (not sure what, though), disappointing his parents again?

Would what he was going through, cumulatively, be something that was big--in his mind, and prompt him to want to run away rather than have to face?