GUILTY CA - Leila Fowler, 8, murdered, 12yo charged, Valley Springs, 27 Apr 2013 - #3

[CountryGirl]

Hmmm...so that seems to be saying that hearings are open if the minor is accused of murder....but will be closed if the crime involved sexual assault or a victim under 16? So since Leila was 8...why was the hearing open?

Because she was murdered. The 2nd part is about sexual assault victims.

 

[Knitty]

I keep thinking about them taking the TV. I'm wondering if IF's story included something about the intruder trying to take the TV - whether he told them that or whether it was moved from it's typical placement. If there were no non-family fingerprints it would seem to help the case against the IF.

IMOO

 

[Ghostwheel]

What coverup? If there was no attempt to hide the evidence, what was LE looking for during the investigation that lasted two weeks. SOMEONE attempted a coverup. I was just guessing that BF may have been at the house before the rest of the family. How else could one of the neighbors seen him covered in blood at their driveway at about 12 noon? Meanwhile IF is cleaning, lying, and covering his tracks.

BBM: Same way one of the neighbors saw a man running away fitting the same description as IF's description.....it could be a mistake.

And there doesn't have to be any attempt at a coverup for an investigation to last two weeks. There is getting DNA information back (it's not instantaneous, especially in California), looking for the weapon, finding that the neighbor witness was wrong about seeing the person leaving the area, information from 911 calls, information from questions over the course of several days, etc.

I have not yet seen any evidence of a coverup. If one "witness" could be wrong, why not another "witness"? I'm sure more information will come out.

 

[eileenhawkeye]

Because she was murdered. The 2nd part is about sexual assault victims.

Well, the second part starts off with:

Even if the minor and her parent consent or the minor is accused of one of those serious crimes

And the serious crimes mentioned in the first part are rape, arson, and murder, so it seemed to me it's talking about all three felonies, but I guess not. It's just worded weirdly but I understand what it's saying now.

 

[Davereid]

:banghead: Holding up well? Is he a sociopath? :moo:

Maybe these lawyers should hire a publicist because they have made some poor statements about the kid in my opinion. I mean say the kid feels terrible and is inconsolable. Do not describe him as shy, quiet and reserved. In connection with murder those adjectives together are not positive and are associated with serial, mass and spree killers. I hope they do not decide to criticize the victim.

Sent from my GT-N8013 using Tapatalk 2

 

[CountryGirl]

Well, the second part starts off with:



And the serious crimes mentioned in the first part are rape, arson, and murder, so it seemed to me it's talking about all three felonies, but I guess not. It's just worded weirdly but I understand what it's saying now.

...you will still be excluded if the minor is accused of one of several sexual assault-like crimes and the victim requests the hearing be closed, or if the victim was under 16 years old at the time of the offense

This paragraph is talking about sexual assault-like crimes.

You will be excluded if the victim requests it, or if the victim was under 16 years old at the time of the (sexual assault-like crime).

 

[scorekeeper]

Mark Reichel has nearly twenty years of experience in fighting for the rights of criminal defendants and civil litigants. As a Sacramento criminal lawyer, his expertise includes federal criminal charges, environmental or health care fraud, individual concerns such as sexual misconduct, internet related matters, crimes of violence and alcohol or drug related allegations. There is not a single type of state criminal charge that Sacramento criminal defense lawyer Steve Plesser has not handled successfully in his nearly twenty years of experience; from dui to assault, molestation, kidnap, rape, homicide and mayhem

http://www.reichelplesser.com/practice-areas-criminal-defense.html

BBM

seems Steve Plesser has handled homicide cases......

 

[MustlyLurking]

Same way one of the neighbors saw a man running away fitting the same description as IF's description.....it could be a mistake.

And there doesn't have to be any attempt at a coverup for an investigation to last two weeks. There is getting DNA information back (it's not instantaneous, especially in California), looking for the weapon, finding that the neighbor witness was wrong about seeing the person leaving the area, information from 911 calls, information from questions over the course of several days, etc.

I have not yet seen any evidence of a coverup. If one "witness" could be wrong, why not another "witness"? I'm sure more information will come out.

I have not seen anything to indicate that the second witness was unreliable. It could turn out that she was mistaken or inaccurate about the time, but we have no reason to doubt that she did see BF covered in blood at the end of her driveway around 12 noon.

Until we are informed otherwise, it would be a mistake to assume that the eye witness is wrong, just because another witness was wrong.

IMO that it is very important to look at, because BF could not be at the neighbor's house and driving the car home at the same time. And, it would place BF's knowledge of the attack/murder on Leila AHEAD of the 911 call.

 

[The Cheese]

I’s hair was cropped short, and he wore a green jumpsuit and had chains around his waist. Throughout the proceeding, he remained calm and fairly unexpressive. He chuckled at one point after the bailiff made a comment to him and a nearby Calaveras County Probation Officer. In contrast to I’s behavior, his biological father, Barney, and mother, Patricia Rodriguez, cried softly with looks of agony on their faces while sitting in the front row of the courtroom.

Calaveras County District Attorney Barbara Yook is representing the county on this case, and her petition to the judge charges Isaiah with second degree murder along with a special allegation that he personally used a knife in commission of the crime.

I’s legal team, Sacramento-based lawyers Mark J. Reichel and Steven Plesser, did not enter a plea for their client. Instead, they asked Martin for a two-week continuance, which he granted after Isaiah agreed to waive time.

Martin took Calaveras County Probation Department’s recommendation and sent Isaiah back to Juvenile Hall instead of allowing him to be released into the care of his family.

snipped

I’s defense counsel said the family had requested the media and public not be allowed in the courtroom in future proceedings – a request Martin denied without prejudice.

“I see no impairment to the child’s right to a fair trial,” he said.

Despite a hoard of media bombarding the Fowler family on their way in and out of the courtroom, they made no comments Wednesday.

I is schedule to appear in court at 1:15 p.m., Wednesday May 29. He may later face a jurisdictional hearing, which is similar to a trial without a jury. If he is found guilty, he will be sentenced at a later hearing.

http://www.calaverasenterprise.com/news/article_e06c961e-bda2-11e2-8813-001a4bcf887a.html

 

[seattlechiquita]

@reichellaw

Mark J. Reichel

omg dude has a baseball hat on his profile pic? Not very lawyerish.

 

[winterrose]

"Throughout the proceeding, he remained calm and fairly unexpressive. "

Just like the vigil pics? I hope with the judge asking about American Indian heritage that's not inferring a possible bad temper violent attack on a person for no reason, because if it is, that's an insult to Native Americans. The judge would be way out of line suggesting that in the first place.

 

[CountryGirl]

I have not seen anything to indicate that the second witness was unreliable. It could turn out that she was mistaken or inaccurate about the time, but we have no reason to doubt that she did see BF covered in blood at the end of her driveway around 12 noon.

Until we are informed otherwise, it would be a mistake to assume that the eye witness is wrong, just because another witness was wrong.

IMO that it is very important to look at, because BF could not be at the neighbor's house and driving the car home at the same time. And, it would place BF's knowledge of the attack/murder on Leila AHEAD of the 911 call.

A neighbor who only gave his first name as Don, was watering his roses within sight of the home where Leila was stabbed said didn’t see or hear any commotion at the house during the time of the incident.

“If I had stabbed a girl, I’m running out of the front of that house and taking off. . .I didn’t see nothing come out of that house,” said Don.



Read more: http://fox40.com/local-news/stories/valley-springs-girl-killed/#ixzz2TOwIaxsi

 

[blue22]

Does anyone have any idea why a judge would ask about Native American heritage? That seems so bizarre to me...

 

[eileenhawkeye]

I have not seen anything to indicate that the second witness was unreliable. It could turn out that she was mistaken or inaccurate about the time, but we have no reason to doubt that she did see BF covered in blood at the end of her driveway around 12 noon.

Until we are informed otherwise, it would be a mistake to assume that the eye witness is wrong, just because another witness was wrong.

IMO that it is very important to look at, because BF could not be at the neighbor's house and driving the car home at the same time. And, it would place BF's knowledge of the attack/murder on Leila AHEAD of the 911 call.

The article says the neighbor saw Barney around noon. The media is now saying that Crystal made the 911 call at 12:13 at the game. If Barney started driving home as soon as they found out about the supposed break-in, and it's only a 4-mile drive, he could probably get home around 12:20. So he enters the house, LE isn't there yet, and he cradles his daughter. I presume LE would've arrived pretty quickly...at least by 12:30. I don't think Barney would've started walking down the street before LE arrived, but once they did, then he went outside? People tend to guesstimate the time, so around noon...couldn't that still mean like 12:30/40? IDK. Maybe the neighbor was mistaken or the reporter got it mixed up.

“He said, ‘Have you seen anything?’ I said, ‘No.’ I said, ‘Is she OK? Is she OK?’” Lawson recalled. “He said, ‘No. She’s not OK.’”

That makes me think the ambulance was at the house when this exchange was happening.

 

[MsFacetious]

"Throughout the proceeding, he remained calm and fairly unexpressive. "
Just like the vigil pics? I hope with the judge asking about American Indian heritage that's not inferring a possible bad temper violent attack on a person for no reason, because if it is, that's an insult to Native Americans. The judge would be way out of line suggesting that in the first place.

No there is a LEGAL reason he asked about Native American heritage.
I forget what it is though? :waitasec:

 

[winterrose]

A neighbor was outside watering flowers and heard no screams? Someone being stabbed that many times would be screaming and since her bed was taken, was she sleeping when this happened? If she was, it would take away the excuse of a bad temper, because she did something wrong and he attacked her.

 

[MsFacetious]

Leila Alyssa Fowler

June 30, 2004 - April 27, 2013

www.people.com

 

[Ghostwheel]

I have not seen anything to indicate that the second witness was unreliable. It could turn out that she was mistaken or inaccurate about the time, but we have no reason to doubt that she did see BF covered in blood at the end of her driveway around 12 noon.

Until we are informed otherwise, it would be a mistake to assume that the eye witness is wrong, just because another witness was wrong.

IMO that it is very important to look at, because BF could not be at the neighbor's house and driving the car home at the same time. And, it would place BF's knowledge of the attack/murder on Leila AHEAD of the 911 call.

IMO, it would be a mistake to assume the witness IS correct until all the facts are known. If Barney WAS in the car or at the game, then the witness would have to be wrong. Or she could be off by a half hour and perhaps Barney ran outside looking for the intruder after picking up his daughter and finding her dead. But we don't know that, so to make the assumption that the witness is correct and that some coverup is going on WITHOUT ALL THE FACTS would be presumptuous, so I choose to wait until all the facts are in.

 

[CountryGirl]

"Throughout the proceeding, he remained calm and fairly unexpressive. "

Just like the vigil pics? I hope with the judge asking about American Indian heritage that's not inferring a possible bad temper violent attack on a person for no reason, because if it is, that's an insult to Native Americans. The judge would be way out of line suggesting that in the first place.

This is all I could find, but it is about dependency court, not criminal.

Other important things to do at the early in the case

If the parents have ANY Native American Indian Blood, the children and parents may be subject to specialize treatment under the Indian Child Welfare Act. "ICWA". Even if it is only "a little bit" it is important to mention it as early in the proceedings as possible because if the child quality's under ICWA the court proceedings may take an entirely different procedural route that is normally very beneficial to both the parent and the child. Benefits and qualifications under ICWA are too numerous and voluminous to discuss here, so I won't mention it further, except to say, DISCLOSE INDIAN BLOOD as early in the proceedings as possible.

 

[MustlyLurking]

The article says the neighbor saw Barney around noon. The media is now saying that Crystal made the 911 call at 12:13 at the game. If Barney started driving home as soon as they found out about the supposed break-in, and it's only a 4-mile drive, he could probably get home around 12:20. So he enters the house, LE isn't there yet, and he cradles his daughter. I presume LE would've arrived pretty quickly...at least by 12:30. I don't think Barney would've started walking down the street before LE arrived, but once they did, then he went outside? People tend to guesstimate the time, so around noon...couldn't that still mean like 12:30/40? IDK. Maybe the neighbor was mistaken or the reporter got it mixed up.



That makes me think the ambulance was at the house when this exchange was happening.

BBM We have seen plenty of both...