GUILTY CA - Gianni, 24, & Sal Belvedere, 22, Ilona Flint, 22, San Diego, 24 Dec 2013 - #2

[mrsobrien]

I doubt the DP thing will gain enough speed quickly enough to effect this case, jmo. As long as he's away for the remainder of his life, I don't care what sentence he gets.
Bummer about your assistant! I'll be your new one if you need, it's what I do, lol.

I've been out of touch with the outside world due to a ton of work piling up on me...my assistant quit after he started crying and threw a stapler on his way out. But I did hear about the supreme court ruling the death penalty unconstitutional. Would that go into effect now? I remember the Manson family was originally on death row and then the death penalty was overturned as were the death sentences. Is this going to be a similar situation?

 

[thebestinthewest]

I doubt the DP thing will gain enough speed quickly enough to effect this case, jmo. As long as he's away for the remainder of his life, I don't care what sentence he gets.
Bummer about your assistant! I'll be your new one if you need, it's what I do, lol.

You are definitely more detailed and stalkerish like me just don't throw a stapler at me the last one barely missed and don't start crying on a Thursday (last week) at least wait until Friday or when I'm not around so I don't have to pretend to care lol ugh and since my office is in Bankers Hill no traffic excuses from you young lady! I've had so much work to do when I went out in daylight I felt like had to reintroduce myself to society lol I agree if he is guilty he needs to be locked away and I've never personally been pro death penalty until I watched this play out with the emotions and sadness of the families IMO the Belvedere family and Flint families feel a sense empathy for CM's family so whatever they want I'll probably lean with agreeing

 

[mrsobrien]

Haha! I don't believe I have ever actually thrown a stapler, I have wanted to though, lol. I don't believe I have ever openly cried at work either, I keep my meltdowns to myself. But come on...Have a heart, the 4 blocks from me to you can be brutal traffic. Pfft, lol.

You are definitely more detailed and stalkerish like me just don't throw a stapler at me the last one barely missed and don't start crying on a Thursday (last week) at least wait until Friday or when I'm not around so I don't have to pretend to care lol ugh and since my office is in Bankers Hill no traffic excuses from you young lady! I've had so much work to do when I went out in daylight I felt like had to reintroduce myself to society lol I agree if he is guilty he needs to be locked away and I've never personally been pro death penalty until I watched this play out with the emotions and sadness of the families IMO the Belvedere family and Flint families feel a sense empathy for CM's family so whatever they want I'll probably lean with agreeing

 

[gitana1]

Really just a couple now but as the case starts I'm sure we all would have more. For now:

- In the status hearing does the D.A. have to disclose motive or just evidence?
- If the D.A. asks for the death penalty does the case automatically go to trial or can defense submit a plea deal at the time?
- What determines a change in venue? Unless you lived under a rock the past 7 months I'm sure getting a fair jury pool may be a challenge?

That's all I have at this moment but it's still early here and my mind is not fully engaged :thinking:

Thanks Bessie!

Hi guys, heard you rang me!

A status hearing is generally just a hearing at which calendaring takes place. The court and the attorneys determine how much time they will need for things in order to calendar the next hearing. I;m not sure at what stage in the process this case is,
but I'm assuming a preliminary hearing has yet to take place, just an arraignment.

Motive never has to be disclosed. Some evidence will be disclosed at a preliminary hearing but not at a status hearing.

A plea deal can always be reached if all sides agree. Even if the state seeks the death penalty. But they have to agree.

A change of venue is based on a motion by the party seeking the change and too much publicity or negative local sentiment is usually grounds.

I've been out of touch with the outside world due to a ton of work piling up on me...my assistant quit after he started crying and threw a stapler on his way out. But I did hear about the supreme court ruling the death penalty unconstitutional. Would that go into effect now? I remember the Manson family was originally on death row and then the death penalty was overturned as were the death sentences. Is this going to be a similar situation?

The supreme court did not rule the death penalty unconstitutional. One federal court judge did as to one case in California. However, his decision was a well written one and it will now be reviewed by the 9th circuit. Talk is that judges around the country may emulate this decision, and of course, in other cases in California:

Carney's ruling applies only to Jones' case, but will have broad significance if upheld on appeal.

Legal analysts expect Atty. Gen. Kamala D. Harris to ask the U.S. 9th Circuit Court of Appeals to review the decision. Its fate there would probably depend on which judges reviewed it. Analysts said if the ruling were upheld by the 9th Circuit, it would probably go to the Supreme Court.

"I think it has a shot in the 9th Circuit, but I don't know about the U.S. Supreme Court," said Santa Clara University law professor Gerald Uelmen, who was chairman of a state commission that concluded the system needed substantially more money to operate effectively. "It is conceivable that the U.S. Supreme Court and the 9th Circuit could say California is such an outlier — its system is so dysfunctional, with twice the national delay — that it cannot be sustained." http://www.latimes.com/local/lanow/...lty-federal-judge-experts-20140717-story.html

It is premature to state that the death penalty could be overturned in this case based on the one, federal judge's decision. If it ultimately is, years down the road, the death sentence would commuted to life in prison.

I hope that all helps!!

 

[bessie]

Thanks, Gitana!

 

[thebestinthewest]

Hi guys, heard you rang me!

A status hearing is generally just a hearing at which calendaring takes place. The court and the attorneys determine how much time they will need for things in order to calendar the next hearing. I;m not sure at what stage in the process this case is,
but I'm assuming a preliminary hearing has yet to take place, just an arraignment.

Motive never has to be disclosed. Some evidence will be disclosed at a preliminary hearing but not at a status hearing.

A plea deal can always be reached if all sides agree. Even if the state seeks the death penalty. But they have to agree.

A change of venue is based on a motion by the party seeking the change and too much publicity or negative local sentiment is usually grounds.



The supreme court did not rule the death penalty unconstitutional. One federal court judge did as to one case in California. However, his decision was a well written one and it will now be reviewed by the 9th circuit. Talk is that judges around the country may emulate this decision, and of course, in other cases in California:
It is premature to state that the death penalty could be overturned in this case based on the one, federal judge's decision. If it ultimately is, years down the road, the death sentence would commuted to life in prison.

I hope that all helps!!

Much appreciated! When I was asked by a member of the family I said I was not sure but I knew where I could find the answer! Thanks!

 

[thebestinthewest]

I was talking to Antoinette last week and we had a great conversation and touched down on the topic of penalty and nothing short of her showing compassion for his family happened. I'm seriously wondering if there are more victims out there. In IMO you don't just go jump right into killing 3 people on a whim.

 

[SDHELPS]

Thank you Gitana for visiting and your response! :tyou:

 

[thebestinthewest]

Hey Mercado's court date got moved to Sept 2

 

[gettez]

Nice find, Best ... here's a link to a related article:

http://www.nbcsandiego.com/news/local/New-Court-Date-Set-for-Triple-Homicide-Suspect-271772031.html

 

[thebestinthewest]

I was just about to post that it wasn't exactly a find someone told me this morning and asked if I knew anything which I did not. I wonder what the 9/2/2014 court date will hold its probably a long shot hoping for a guilty plea. IMO I still think it was random and there isn't a connection I just can't find one.

 

[jggordo]

I was just about to post that it wasn't exactly a find someone told me this morning and asked if I knew anything which I did not. I wonder what the 9/2/2014 court date will hold its probably a long shot hoping for a guilty plea. IMO I still think it was random and there isn't a connection I just can't find one.

I believe that the Prosecution has to inform the Court if it intends to ask for the Death Penalty. Therefor the Court will have to make sure Mercado has a DP qualified defense attorney on board. Prosecution also has to inform as to what the special qualifications are that make it a DP case. Traditionally a regular public defender is usually not DP qualified.

Also IMO the public defender has had time to review the evidence against him. If he (she) sees overwhelming evidence may want to get that DP qualified attorney on board and up to speed ASAP. If it turns out to be a DP case Mercado will have to go before a Jury to determine his punishment. Especially with his now documented mental issues, he would be able to use it on appeals in the future, IMO.

JMO's

 

[gettez]

It mentions in the article that CM had waived his right to a speedy trial, but he reasserted that right and that's why it had to be rescheduled sooner. I hope this means that this will be over with sooner rather than later ... one can hope, right? Maybe he's nervous that more digging and investigation will lead to more problems for him?

 

[SDHELPS]

I was just about to post that it wasn't exactly a find someone told me this morning and asked if I knew anything which I did not. I wonder what the 9/2/2014 court date will hold its probably a long shot hoping for a guilty plea. IMO I still think it was random and there isn't a connection I just can't find one.

IMO CM is finding it uncomfortable in the San Diego jail system and wants out into a different population that is not familiar with him and the case. Hence his right for a speedy trial. Also MOO I believe it will come out that there was a motive.

Sorry more later but off to dump ice water and record a neighbor for the ALS challenge

 

[thebestinthewest]

http://www.nbcsandiego.com/news/local/New-Court-Date-Set-for-Triple-Homicide-Suspect-271772031.html

 

[SDNV]

http://www./1443876/san-diego-triple-murder/

 

[SDNV]

Does anyone know why the media has not be able to obtain and publish the search warrant affidavit for Mercado's house?

 

[thebestinthewest]

Did you do a court records search? IMO they did not know it was CM until the forensics came back and they are still pursuing an active investigation on motive

 

[SDHELPS]

http://www.nbcsandiego.com/news/local/New-Court-Date-Set-for-Triple-Homicide-Suspect-271772031.html

From this link:

But he said Mercado's defense team may be switching their strategy if they want to move the hearing up.

Carlos (defense attorney not related to case) believes the decision to reinstate his right to a speedy preliminary hearing was "a tactical reason on the part of the defense lawyer. He knows something that can benefit his client at this point."

During Mercado's preliminary hearing, prosecutors are expected to reveal new, eagerly awaited details about the deaths of Ilona Flint and brothers Salvatore and Gianni Belvedere, as well as why police suspect Mercado killed them.

The hearing is tomorrow morning at 8:30 am so hopefully we will hear something new. Also I find it interesting that CM is still being held in the Central jail PSU unit. Perhaps it's for his safety either way.

 

[SDHELPS]

Does anyone know why the media has not be able to obtain and publish the search warrant affidavit for Mercado's house?

Somewhere up thread there was a link stating the search warrant would be sealed. Sorry I didn't find it at first glance...

:wagon: SDNV