GUILTY CA - Leila Fowler, 8, murdered, 12yo charged, Valley Springs, 27 Apr 2013 - #4

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1) the lady who claims to have seen intruder running from home and then recants and another neighbor who was said to have seen intruder running from home but in opposite direction.

http://fox40.com/2013/05/02/witness-recants-in-leila-fowler-investigation/

2) The guy who gave bloody injured guy a ride (since said to be unconnected) who was talking to reporters after this press conference

http://www.youtube.com/watch?v=Y6M-lkd-vYo&feature=youtu.be&a

There is video of this man being interviewed by a reporter but cannot find it right now. Remember watching it and him describing blood all down hitchhiker's left arm.

3) DM, neighbor with dogs who did not bark and who says no one came or went from the house at the time of the murder

http://www.kcra.com/news/leilas-nei...20071972/-/l17ewnz/-/index.html#ixzz2SqPpCCx1

3) a) DM now says he saw a man who was not BF in a white SUV covered in blood and saying his daughter was stabbed by a Mexican.

http://www.calaverasenterprise.com/news/article_f678ab20-befe-11e2-ad13-001a4bcf887a.html

4) the neighbor woman who saw BF run down drive with bloody imprint on shirt looked as if he had been cradling Leila said "no, She's not all right"

http://www.uniondemocrat.com/News/Local-News/Neighborhood-leery-after-Leila-Fowler-killing


Have I missed any?
 
yes, IMO the dangerous weapon refers to a knife in this instance although it could also refer to a gun or other weapon in another case. I think it is part of the statute that is being applied because a weapon was used.
 
Which is odd, because if you MURDERED someone you obviously used a deadly weapon.
Since they are, dead.

Is that just for actual WEAPONS like guns and knives?
Or can any kinds of murder fall into that category?
Water? Rope? Poison? A car? A baseball bat? Your bare hands?
 
good questions MsF. I am sure it is statutory but it does seem redundant. Maybe gitana1 will weigh in when she checks the thread.
 
but would that even apply in I.F.'s case given his age can capital murder be applied? Maybe but there would be sentencing differences. Some sentences cannot be applied due to his age I would think.

I am sure gitana will be able to make it clear what the strategic advantage would be.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=187-199

cause this is all way over my head but here is link to some info on CA Codes
 
otto said:
I see a lot of comments about this child being a psychopath or sociopath (antisocial personality disorder). Given what sounds like "rage" during the attack, isn't it also possible that he was very angry about something in relation to his sister? For example, was he jealous? Could he have felt threatened by her? For example, did she have something on him? It seems to me that many types of people commit murder ... not only those with antisocial personality disorder. Was he resentful? For example, was he the live-in babysitter such that he could not do things that he wanted to do?
Click to expand...

Investigators say Fowler’s 12-year-old brother was babysitting her at the time of the murder. He reportedly ran into the alleged killer as the man fled the scene.

http://fox40.com/2013/04/29/former-...nto-leila-fowler-investigation/#ixzz2S4JiXKKV
 
I really don't think IF is the most social person so it wouldn't surprise me if he just didn't want to go to the ball game. Or maybe the kids just wanted to sleep-in.

If they did get an argument that led to IF stabbing Leila, it is interesting to me though this argument happened when the two of them were home alone. How often are the two of them left home alone together? If IF went into some uncontrollable rage due to an argument, well what is the chance that it happens when they are both alone? Would IF have been able to stop himself if someone else was home? This is why I wonder if...could it have been premeditated? Like here was IF's opportunity?
 
Elley Mae said:
http://inthenews.berkeleylawblogs.o...change-how-a-defendant-should-be-represented/

According to this, the special allegations make it a capitol eligible case.
Click to expand...

No expert, here... But, IIRC part of the definition of capital murder is eligibility for a death sentence. I think the capital enhancement exists for the purpose of justifying the death penalty. It would be shocking if any prosecutor would even think about that for a 12 yo, regardless what he has done.
 
tlcya said:
yes, IMO the dangerous weapon refers to a knife in this instance although it could also refer to a gun or other weapon in another case. I think it is part of the statute that is being applied because a weapon was used.
Click to expand...

About the knife. It seems odd that someone charged with murder would also be charged with using a weapon to commit the murder, unless the weapon was something extraordinary. A knife does not seem all that unusual, to me unless it was a sword or machete. I don't recall reading any specifics about the weapon in the Sheriff's briefings, or press reports. That and the evidence team collecting firewood from the garage make me wonder... Here goes... Sorry... ax? hatchet? Those would be extraordinary weapons.

Possible?
 
Even someone convicted of 1st degree who is under 16 cannot face DP in CA.

Penalty for ∆ found guilty of 1st degree murder who is b/w 16 and 18 is LWOP unless the court chooses a sentence of 25yrs to life.

- Juveniles serving JLWOP: 250
- Juveniles aged 13-14 serving JLWOP: 0

http://www.usfca.edu/law/jlwop/resource_guide/

I wonder it the aggravating factor of dangerous weapon is being sought simply "for the record" in order to enhance the odds that I.F. will not be as likely to be able to take advantage of Senate Bill 9 which went into effect this January

http://www.fairsentencingforyouth.o...-bill-9-california-fair-sentencing-for-youth/

The bill:

http://www.fairsentencingforyouth.org/wp/wp-content/uploads/2011/02/SB-9-Chaptered.pdf
 
No expert here either, but it gives me pause when I see things that don't add up. It makes me wonder what was used if not a knife. Then I think about the description of BF w/shirt that had the outline of leila's body in blood. I do wonder why FBI, iirc took a TV from the house. Lots of questions and no answers. jmo
 
MustlyLurking said:
About the knife. It seems odd that someone charged with murder would also be charged with using a weapon to commit the murder, unless the weapon was something extraordinary. A knife does not seem all that unusual, to me unless it was a sword or machete. I don't recall reading any specifics about the weapon in the Sheriff's briefings, or press reports. That and the evidence team collecting firewood from the garage make me wonder... Here goes... Sorry... ax? hatchet? Those would be extraordinary weapons.

Possible?
Click to expand...

Dang, missed the collection of fire wood. Thanks
You could be on to something.
 
but hasn't it been widely reported that COD was stabbing? Right down to the reports that there were 21 stab wounds?

MOO but someone stabbed 21 times with a hatchet or ax would not be described as a stabbing victim and would not have still been alive when responders arrived.
 
hoping dinaslala will check in. Wanting to check on how Priscilla is holding up. Hope she has good support around her.
 
Elley Mae said:
The remarks came after the boy attended a closed juvenile court proceeding and was told he had been charged with second-degree murder with a special allegation for use of a dangerous weapon in the stabbing death of his 8-year-old sister.

http://www.foxnews.com/us/2013/05/1...lif-boy-mature-enough-to-aid-defense-against/

bbm. This has me puzzled. Is this reference a knife?
Click to expand...

It rather suggests me the pocketknife...otherwise the wording might simply be a knife IMO.
 
dangerous weapon n. any gun, knife, sword, crossbow, slingshot or other weapon which can cause bodily harm to people (even though used for target shooting). If a person is harmed by such a weapon that is left unguarded, improperly used, or causes harm even to a person who plays with it without permission, the victim or his/her survivors can sue for negligence and possibly win a judgment.

http://legal-dictionary.thefreedictionary.com/dangerous+weapon

pretty sure the dangerous weapon thing refer to the knife used (possibly pocket knife alleged to have caused a school suspension).

As to why the special circumstances was added still mulling that one over. Eventually gitana will likely explain.
 
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