Silver Alert CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 #15 *ARRESTS*

[HopeForTheBest]

Good old "adverse inferences" bit JD and his lawyer in the behind. NP tried to act like his client could invoke his 5th without consequences. He was wrong.

Here I am again, knowing what the words mean but not exactly what they mean legally...if you have time sometime, does this mean that based on FD invoking the Fifth to avoid possibly incriminating himself, even though they don’t know what he may have done, it can be assumed or inferred that since whatever he’s refusing to discuss would be related to a criminal act, it doesn’t look good in terms of a person’s character and wouldn’t bode well for kids to be around the person?

 

[gitana1]

I know what it means word-wise but what does this mean in terms of longevity? Does GF have permanent custody for lack of a better word? Can FD/NP appeal? More than once?

She doesn't have permanent custody. The orders were requested "pendiente lite" which basically means pending trial.

He can file a writ but the appeallate court doesn't have to hear it as it is prior to judgment. After judgment the appellate court must hear all appeals.

 

[HopeForTheBest]

She doesn't have permanent custody. The orders were requested "pendiente lite" which basically means pending trial.

He can file a writ but the appeallate court doesn't have to hear it as it is prior to judgment. After judgment the appellate court must hear all appeals.

I see! THANK YOU!!! Now I really feel dumb but is the trial the divorce or the tampering with evidence one? Or?

 

[gitana1]

I know what it means word-wise but what does this mean in terms of longevity? Does GF have permanent custody for lack of a better word? Can FD/NP appeal? More than once?

Also he can only appeal a judgment once but then it can go up to a higher court after that, all the way to the US Supreme Court.

 

[HopeForTheBest]

Also he can only appeal a judgment once but then it can go up to a higher court after that, all the way to the US Supreme Court.

Thank you so much, Gitana!

 

[gitana1]

Here I am again, knowing what the words mean but not exactly what they mean legally...if you have time sometime, does this mean that based on FD invoking the Fifth to avoid possibly incriminating himself, even though they don’t know what he may have done, it can be assumed or inferred that since whatever he’s refusing to discuss would be related to a criminal act, it doesn’t look good in terms of a person’s character and wouldn’t bode well for kids to be around the person?

Here I am again, knowing what the words mean but not exactly what they mean legally...if you have time sometime, does this mean that based on FD invoking the Fifth to avoid possibly incriminating himself, even though they don’t know what he may have done, it can be assumed or inferred that since whatever he’s refusing to discuss would be related to a criminal act, it doesn’t look good in terms of a person’s character and wouldn’t bode well for kids to be around the person?

Sorry for the double quote.

EXACTLY. That's exactly what it means. She can infer that he did something to cause the disappearance and so he is a danger to his kids.

He screwed himself.

 

[gitana1]

I see! THANK YOU!!! Now I really feel dumb but is the trial the divorce or the tampering with evidence one? Or?

Trial meaning the divorce. And a judgment can be bifurcated. So that not all issues have to be tried at once. That is appropriate in cases where they can't be.

So a judgment as to final custody orders can be issued in this case without dissolving their marital status or dividing property and debt, or making final orders on financials like support and fees.

My guess is the court and GF will want to drag this out in the hopes that more criminal charges will be issued and/or he's sentenced to time.

This is great news. He's not getting those kids back anytime soon IMO.

Or maybe ever at all.

I think the only way is if he was acquitted.

But IMO he's a serious danger to the kids and the court knows it. The court is not going to allow him to pull a Josh Powell.

 

[gitana1]

Thank you so much, Gitana!

You're welcome!

 

[HopeForTheBest]

Sorry for the double quote.

EXACTLY. That's exactly what it means. She can infer that he did something to cause the disappearance and so he is a danger to his kids.

He screwed himself.

Thank you so much again for your reply!!! That brings me great satisfaction!

 

[HopeForTheBest]

Trial meaning the divorce. And a judgment can be bifurcated. So that not all issues have to be tried at once. That is appropriate in cases where they can't be.

So a judgment as to final custody orders can be issued in this case without dissolving their marital status or dividing property and debt, or making final orders on financials like support and fees.

My guess is the court and GF will want to drag this out in the hopes that more criminal charges will be issued and/or he's sentenced to time.

This is great news. He's not getting those kids back anytime soon IMO.

Or maybe ever at all.

I think the only way is if he was acquitted.

But IMO he's a serious danger to the kids and the court knows it. The court is not going to allow him to pull a Josh Powell.

Oh, thank goodness! Thank you!!!

 

[MollyDDD]

Maybe he should put a few of #JusticeForJennifer braclets under the GPS unit to protect his delicate little skin.

He sure is sensitive when it comes to his
flesh being irritated and torn.
Have heard a single peep out of him concerning poor Jennifer’s.

Yep, just like OJ. If he were truly innocent, he’d be actively and publicly searching for the mother of his children.
Alas, not.

 

[Tink56]

Sorry for the double quote.

EXACTLY. That's exactly what it means. She can infer that he did something to cause the disappearance and so he is a danger to his kids.

He screwed himself.

Thank you so much for explaining so well and so patiently. I wish we could put some of these responses in the Media Thread.

P.S. And when he was "screwing himself" he was being represented by NP. Wonder how that will influence their relationship....

 

[MsJosie]

gitana1 thank you ever so much for explaining this is words we can understand....legal language is hard! You are awesome along with everyone else who explains how all the court happenings go on.

 

[Jmoose]

The kids, GF, JD’s sister, and all those who loved her must be so relieved tonight, so happy! FD will be muttering and chafing (figuratively AND literally, it seems, at the ankle at least), and I cannot imagine what NP is raving about now as a result—but I bet we’ll hear soon. And right now, I don’t care what rude, ridiculous rambling he does because JD and the kids were protected today.

FD has to be apoplectic today, after this ruling.

 

[Daisyeve]

Maybe every time that bracelet is bothering good ole FD he should think about what he did to JD and how painful that must have been and hopefully it will bother him a little bit more.
And he better not be complaining the wrist bracelet hinders him looking for the financial papers he needs to hand over and is keeping him from doing real work. And how could he even have the nerve to complain about anything?

 

[afitzy]

Huge sigh of relief! So happy to see the children in the good hands of GF and Family!

Kudos to rockstar @kimch33kim super sleuther for beating the press/media on the documents!

Thank you to @gitana1 for having the patience of a saint with those of us non-believers like me and explaining the Family Court parallel universe!

Not surprised to see zero FD financial contribution to the health and financial wellbeing of his children and I'm glad this fact was placed into the Judge Heller ruling as confirmation that he was truly a 'deadbeat dad'.

Amen, for now!

 

[Daisyeve]

Everyone but FD and his legal team should sleep a little better tonight.

 

[Genieeasy]

You're welcome!

I join in also thanking you @gitana1 as you are so clear and informative ... it appears the issues are really ramping up and the punitive energy continues to build ...I am a local and obsessed #justiceforjennifer

 

[MemPat]

FD has to be apoplectic today, after this ruling.

Maybe that's what's wrong with his raw ankle....apoplexia.

 

[oceancalling]

Here I am again, knowing what the words mean but not exactly what they mean legally...if you have time sometime, does this mean that based on FD invoking the Fifth to avoid possibly incriminating himself, even though they don’t know what he may have done, it can be assumed or inferred that since whatever he’s refusing to discuss would be related to a criminal act, it doesn’t look good in terms of a person’s character and wouldn’t bode well for kids to be around the person?

He wanted to hide behind his 5th amendment right against self-incrimination, which is his right. That right only applies in criminal cases, though, so what should happen when he invoked it in the custody case? The courts have developed the common law doctrine of "adverse inferences", which allowed Judge Heller to conclude FD isn't talking because what he has to say would be very, bad for him. In other words, since FD is refusing to testify, that refusal can be considered against him in the custody case.