CO- Dylan Redwine, 13, Vallecito, 19 November 2012 - #42

[absentia]

I'll take the tag off the thread then. I sure do hope and pray Dylan is found soon!

Do you guys think it will help the case if Elaine goes on Tricia's True Crime radio show?

I think it would help if Mark went on it!

 

[NC Analyzer]

I think it would help if Mark went on it!

Oh, girl, you are goooood!!!! :floorlaugh: :floorlaugh: :floorlaugh: :floorlaugh:

 

[SuperMom1995]

There was much more last night before the mods removed the posts. Brief synopsis: MR's niece posted a plea from him. The replies to the post were not positive. Post was removed. Commentary from admin issued this morning.

ETA: And now a lovely response posted from Elaine.

That sounds very positive if his own blood family is making pleas. :Banane08:

realized I read "for" instead of "from" So Sorry

 

[rebeccaeee]

I'll take the tag off the thread then. I sure do hope and pray Dylan is found soon!

Do you guys think it will help the case if Elaine goes on Tricia's True Crime radio show?

Yes! the more exposure, the better and she seems willing to get out there and talk about Dylan.

 

[cluciano63]

Seems like a round of arguments happens out of frustration every few days, as it appears that no progress is being made. And in reality, we may hear nothing from LE for months, or longer, unless something breaks. Sometimes I think the arguments persist just to keep the thread active. No one wants it to stagnate like so many others.

Having ER on Tricia's show would at least create another round of fresh conversation. And maybe ER can clarify that last text. Maybe it is not meant to be as mysterious as it has been made out to be.

 

[Kimster]

I think it would help if Mark went on it!

Request sent to Tricia. Hey, maybe he will? All he can say is no.

 

[neverletgo]

We need an attorney in here. :dunno: I think they are all in the Arias thread. :sigh:

cfreyja23 has mentioned that he/she is a verified attorney and they post here in Dylan's thread sometimes . . . maybe they will stop in today and help out?

BAT SIGNAL ACTIVATED:

:laughitup:

 

[SuperMom1995]

If Mark is smart then I don't think Dylan is in the lake . Because only a complete idiot would lead LE to the water IMO

But if his motive is not paying child support then I would think he would want him found (death by accident that is) because I am pretty sure he would need to still be paying at least into an account (that ER could not touch) until Dylan is found or declared legally dead and states differ on how much time has to go by before someone can be declared dead with no body. Either way though it is not a short period of time.

 

[Kimster]

cfreyja23 has mentioned that he/she is a verified attorney and they post here in Dylan's thread sometimes . . . maybe they will stop in today and help out?

BAT SIGNAL ACTIVATED:

:laughitup:

:floorlaugh:

Love it! :laughcry: Bat signal! :rocker:

 

[SuperMom1995]

BBM - Interesting post. It really made me think whether or not MR believes LE thinks he is a suspect or POI. I personally think he does. Could be why he hasn't taken a second polygraph and in my opinion is doing VERY little to find Dylan.

I would be interested in your opinion. TIA

Paraphrasing, he has said he is a suspect,and that other people are too. I think he even said we are all suspects or something. So, I think he knows he is a suspect but I don't think he realizes to what degree and that there really aren't others. JMO

 

[TxLady2]

bbm...I don't beleive detain is the key. I believe the key is whether or not LE has determined a person is a suspect. and on that note I am going to agree to disagree with you. no disrespect intended of course.

I think you are basically right. LE can detain someone for questioning but they cannot hold them indefinitely unless they're under arrest or they've been charged with a crime. At any point during questioning, the person requests to leave and LE does not let him go, they have violated that person's civil rights. They have two choices at that point, they can release him or arrest him on suspicion of a crime. If the latter, then they have 72 hours to charge him or they have to let him go. It's all up to the DA at that point whether to charge him or not. (The 72 hours is pretty standard for most states, not sure about CO.)

He could also request that his lawyer be present during questioning. Doesn't matter if he is not a criminal defense attorney, any lawyer knows the basic rights and can advise him during questioning. The lawyer can tell LE that he represents him and if they are ready to charge him with a crime, he will assist him in retaining a defense attorney.

 

[ColdHands]

I really do think it was premeditated. I think that's why he's holding on so tight to his story. If it was purely an act of rage, I think he'd break down easier. The circumstances make me think premeditated as does his demeanor since, but I really think he decided to do this and felt completely justified, entitled, to do this.

Snipped. I agree. That's one reason why I've balked a bit on the rage scenario. I feel like someone who loses themselves to that emotion would show some emotion, where someone who can detach enough to plan a murder would be more detached afterward.

There's nothing for me to discuss that hasn't been gone over a bunch of times already. I don't think that the search is still ongoing.

I believe the official FMDR page said they are bringing in an underwater recovery team soon, as soon as they can get in the water.

Request sent to Tricia. Hey, maybe he will? All he can say is no.

Wow, that would be quite a coup! I honestly believe we wouldn't learn anything knew from Elaine but we possibly could from Mark, if Tricia could get him to answer a question.

 

[Psychic Sleuth]

Paraphrasing, he has said he is a suspect,and that other people are too. I think he even said we are all suspects or something. So, I think he knows he is a suspect but I don't think he realizes to what degree and that there really aren't others. JMO

I agree. I'm not sure if that's actual thinking or wishful thinking. But I think in his mind it's all Elaine and Cory pointing fingers and just being nasty. That was even evident from his message from his niece on fb. It was like 'ok guys lets quit pointing the finger at little ole me now'. I don't know if he grasps the reality of how big this is. Or he's just trying to minimize and deflect.

 

[SuperMom1995]

I'm going to jump off my own post and provide some real life examples so this is better understood.

LE has an active investigation. They have several people at the top of their list of possible suspects. They request an interview with the number one unnamed POI. They bring him in. They don't tell him he is not a suspect because at that point there are several unnamed suspects. They question him. They don't have to read him Miranda. They advise him that anything he says can be used against him in a court of law. He agrees to talk. He leaves out pertinent information in his statement, but they aren't ready to arrest or detain him. He is free to leave. He has become their unnamed suspect, but they don't necessarily "name" him a suspect because they want him to feel like they are stupid cops and he got one over on him. He is still a suspect. He just wasn't named a suspect. He doesn't have to be named a suspect. They can question 100 more suspects and come right back to the first guy and ask him to come in again for questioning. He agrees. LE knows he's their guy, but they don't have to tell him that...and they won't as long as he's talking. He starts to change his statement from the first version of events. It will be at THAT point that LE will likely read Miranda. If he wants to talk, he is free to continue to talk. If he doesn't ask for an attorney, he won't get one and everything he said is admissible in a court of law. He probably signed a statement acknowledging that when he was read Miranda. But at no point did LE ever tell this guy he was a suspect....even though he was a suspect from day one.

Again it's all semantics. And for those that don't like to give too much meaning or weight to particular words, you need to know that a law suit can turn on one word. I believe in this circumstance we are referring to the difference between a "named suspect" (or "named POI" and ) and a sentence without the word "named" in it. So, if LE says "there are no named suspects" that could mean there are lots of "unnamed suspects" vs. if LE says "we don't have any suspects" then that is basically saying they don't have any official suspects. So, they can say the latter sentence without lying. However, it is my opinion that LE can almost say or do whatever they want if it helps them to "get their man".

 

[neverletgo]

:floorlaugh:

Love it! :laughcry: Bat signal! :rocker:

SRC

I do believe we need our very own bat signal here at Websleuths.

 

[NC Analyzer]

I think you are basically right. LE can detain someone for questioning but they cannot hold them indefinitely unless they're under arrest or they've been charged with a crime. At any point during questioning, the person requests to leave and LE does not let him go, they have violated that person's civil rights. They have two choices at that point, they can release him or arrest him on suspicion of a crime. If the latter, then they have 72 hours to charge him or they have to let him go. It's all up to the DA at that point whether to charge him or not. (The 72 hours is pretty standard for most states, not sure about CO.)

He could also request that his lawyer be present during questioning. Doesn't matter if he is not a criminal defense attorney, any lawyer knows the basic rights and can advise him during questioning. The lawyer can tell LE that he represents him and if they are ready to charge him with a crime, he will assist him in retaining a defense attorney.

You are correct. Unfortunately, that is not what she has been saying. Many links have been provided.

ETA: I disagree with the use of the word, detain for questioning, but that is just me. When I say detain, I mean it in the sense that the person is not permitted to leave, ie. custody. LE cannot do that without Miranda.

 

[NC Analyzer]

Again it's all semantics. And for those that don't like to give too much meaning or weight to particular words, you need to know that a law suit can turn on one word. I believe in this circumstance we are referring to the difference between a "named suspect" (or "named POI" and ) and a sentence without the word "named" in it. So, if LE says "there are no named suspects" that could mean there are lots of "unnamed suspects" vs. if LE says "we don't have any suspects" then that is basically saying they don't have any official suspects. So, they can say the latter sentence without lying. However, it is my opinion that LE can almost say or do whatever they want if it helps them to "get their man".

Very true. The first thing I learned about law is "Words are Everything".

The problem and the reason this entire issue came up is because we had someone who stated that LE HAS to provide Miranda to anyone who is a suspect. That is not true.

The second issue is because someone stated that if someone is arrested they don't have to be given their Miranda warnings. That is also not true.

The rest is history....and Constitutional Law.

 

[SuperMom1995]

We need an attorney in here. :dunno: I think they are all in the Arias thread. :sigh:

Hey Kimster! As you know, I am not a practicing attorney but I have a law degree (sending in paperwork soon) but I wanted to say that what NC is saying is accurate.

"It is important to note that police are only required to Mirandize a suspect if they intend to interrogate that person under custody. Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part. "

"If public safety is an issue, questions may be asked without the defendant being Mirandized, and any evidence obtained may be used against the suspect under these circumstances. The Miranda Warning is all about questioning and being protected from self-incrimination under the Fifth Amendment, not being arrested."

http://www.mirandawarning.org/whatareyourmirandarights.html

 

[FruitTingles]

O/T - To lighten the mood a little

 

[Tennlyn]

O/T - To lighten the mood a little

Thank you! I needed that!!!!

She's gorgeous and...

dang...I've got happy tears in my eyes now. You are so lucky and blessed, FruitTingles. :hug: