FL FL - Michelle Parker, 33, Orlando, 17 Nov 2011 - #23

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Sparky said:
Well when his FB was open he did like a window tinting co here in Orlando and we found pic on that company's website with a storm trooper modeling. The company is off Hoffner, but I believe they were working from their home and it was also mobile. I'm not saying they are the ones that installed it, just their location was on the way to Srs.

ETA: It's still there. http://www.radicalray.com/
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The cell # & land lines linked w/ this company is female & they're still in operation it appears.
 
I have some stuff I have to do this morning, but if I can check with my neighbor about removing decales or vinyle I will. :seeya:
 
Skully said:
Well that is interesting. My neighbor does tinting out of his home too. I would bet you would know how to remove decals too.
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Skully, when you ask your neighbor, could you please let them know there's a big possibility Michelle's decal was vinyl, intricate in detail, & that she had a shiny black hummer? I'm remembering how my tires used to melt sometimes when I lived in FL. Black mustang w/ comp ta's & they melted still. Michelle had a black Hummer so I'm pretty sure the sun beat down on it pretty good. Could you ask your neighbor if that would make a difference in the type of adhesive used? Also, the fact that the decals were on her windows & not the vehicle's body. So the glue would have to stand up to heat & moisture. Hey - thank you!
 
Jersey*Girl said:
Wow!

I'm wondering, is a wrongful death suit easier to prove than murder in the first?
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To continue from Southern_Confort somewhat ...If I'm not mistaken, a civil lawsuit also does not require an unanimous verdict but a majority of votes for or against a defendant, it carries no possible prison term, and defendants don't have a general right against self incrimination, specifically they are generally expected to answer all question truthfully and under oath. Of course there may be exceptions when a testimony might also be used in a criminal prosecution I believe.

Specifically in this case if NeJame's statement "... They've checked out his phone records, his friends and everything imaginable and they have found zero, and let me emphasize zero ..." is correct, then you can expect the defense to try squash the civil trial before it even begins by having it dismissed for lack of evidence and/or as a pretext to compel testimony to be used in a an actual criminal trial .... you can expect NeJame to argue in front of a judge that the lawsuit is "a fishing expedition" ... in other words not to present real evidence but to find them, however if the plaintiff can actually show a degree of evidence against Ds that a judge finds sufficient to merit a trial, then this whole thing may become rather interesting indeed. Let's hope so. All JMO To be continued ...
 
I found this earlier...when looking to see if anything happened to Dale's condo... That Im still looking into but wanted to post this first

This was filed yesterday

2013-CA-003489-O STEWART, YVONNE vs. SMITH, DALE, II 03/07/2013
Div 39
Wallis, F Rand CA - Negligence Other
Pending
 
Jersey*Girl said:
Skully, when you ask your neighbor, could you please let them know there's a big possibility Michelle's decal was vinyl, intricate in detail, & that she had a shiny black hummer? I'm remembering how my tires used to melt sometimes when I lived in FL. Black mustang w/ comp ta's & they melted still. Michelle had a black Hummer so I'm pretty sure the sun beat down on it pretty good. Could you ask your neighbor if that would make a difference in the type of adhesive used? Also, the fact that the decals were on her windows & not the vehicle's body. So the glue would have to stand up to heat & moisture. Hey - thank you!
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Okay, he said you only need a heat gun or some form of heat to get it to lift, and if the glue is sticking, you use Acetone to remove the glue. It is safe to use on window tint, it won't hurt it. HTH
 
I haven't followed this particular case extremely closely but have from time to time read up on it. I'm wondering if there are any Florida lawyers that could answer some questions about the civil suit. I know in Missouri, the Petition that was filed would either be dismissed or the Plaintiff would be required to set out the allegations with a bit more detail. If you put yourself in the shoes of someone completely unfamiliar with this case and only read the lawsuit, you wouldn't know if it was a car accident, medical malpractice or any other thing imaginable. Will this hold up in Florida?

Also, I know in Missouri, even in a civil suit, a witness can assert their 5th amendment rights at any time. Is this handled differently in Florida? I saw discussion of it earlier and was curious if the law was different. Here, you can assert it, but opposing counsel may be able to discuss that assertion at trial, unlike in a criminal case, but you still can assert it.

TIA
 
southern_comfort said:
Why would an abductor who is a stranger not want to buy time?
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I don't think it would be something that an abductor would take time with. It's possible though. However,it's my opinion that the person that removed the sticker knew MP.
 
reedus23 said:
I haven't followed this particular case extremely closely but have from time to time read up on it. I'm wondering if there are any Florida lawyers that could answer some questions about the civil suit. I know in Missouri, the Petition that was filed would either be dismissed or the Plaintiff would be required to set out the allegations with a bit more detail. If you put yourself in the shoes of someone completely unfamiliar with this case and only read the lawsuit, you wouldn't know if it was a car accident, medical malpractice or any other thing imaginable. Will this hold up in Florida?

Also, I know in Missouri, even in a civil suit, a witness can assert their 5th amendment rights at any time. Is this handled differently in Florida? I saw discussion of it earlier and was curious if the law was different. Here, you can assert it, but opposing counsel may be able to discuss that assertion at trial, unlike in a criminal case, but you still can assert it.

TIA
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I'm not a lawyer, but probably you were referring also to my post on the 5th Amendment I wrote several posts above this one.

In there I asserted that in Civil cases: "... defendants don't have a general right against self incrimination ..."

Now, The 5th Amendment can be asserted in any proceeding ...

Kastigar v. United States, 406 U.S. 441, 445 (1972),

however,

civil cases are not the same as criminal cases, and the 5th Amendment may be applied differently between the two.

Specifically, in a criminal case a defendant right to remain silent is broad and general and can be easily ascertained, (ie: one is a defendant in a criminal trial) in a civil trial not necessarily so since there is no prosecutor present or actively involved ...

Marchetti v. United States , 390 U.S. 39, 453, 88 S. Ct.. 697, 705, 19 L. Ed. 2d 889 (1968)

The 5th Amendment applies in instances where the witness has reasonable cause to fear a criminal liability ...

so ... whether the witness has a realistic basis for such a fear is the big question ...

Hoffman v. United States, 341 U.S. 479, 486, (1951), quoted in U.S. v. Argomaniz, 925 F. 2d 1349 (11th Cir. 1991)

Lastly, constitutional law applies to all states in the Union, it's the supreme law of the land and preempts any state law in conflict with it.

Of course as with everything legal, one can go much deeper then that ... I personally don't have the inclination in this istance :aktion1:, surely a real lawyer can explain it better and correct me if I was wrong.

On the issue of luck of details in the initial filing of the lawsuit which you have also brought up, I think that is the preliminary stage pending an actual court hearing where the plaintiff will submit the evidence to the presiding judge who in turn, having reviewed all evidence and briefs and heard all arguments and motions by the opposing counselors will then make a ruling to either dismiss the lawsuit or allow it to proceed to trial as a whole or in part.

Again, an actual lawyer here may explain it better and correct me if I'm wrong.
 
According to Fox 35, police have named Smith – the father of Parker’s twins -- as the prime suspect in Parker’s disappearance, but he has not been charged with any crime.
Attorney John Morgan told the station there are a lot of unanswered questions surrounding the disappearance of Parker, and he feels the only way to get those answers is to depose people under oath, including Smith and his family. Morgan said they will present evidence that will show Smith knows more than he is saying.


Read more: http://www.foxnews.com/us/2013/03/1...t-appearance-suing-daughter-ex/#ixzz2NAv1HYI9
 
tlcya said:
According to Fox 35, police have named Smith – the father of Parker’s twins -- as the prime suspect in Parker’s disappearance, but he has not been charged with any crime.
Attorney John Morgan told the station there are a lot of unanswered questions surrounding the disappearance of Parker, and he feels the only way to get those answers is to depose people under oath, including Smith and his family. Morgan said they will present evidence that will show Smith knows more than he is saying.


Read more: http://www.foxnews.com/us/2013/03/1...t-appearance-suing-daughter-ex/#ixzz2NAv1HYI9
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Hmmm... I didn't catch onto this the other day when I first read it. Now it adds up. It's all adding up. Sure Dale could take the fifth during deposition, knowing a criminal case or anticipating a criminal case will arise. However, his family would have to answer the questions during deposition as they aren't anticipated to go on trial themselves, just maybe as witnesses. Veeeeeryyyyy trrrrrickyyyyy... Sooo, if John Morgan can derive anything out of a family member or two, it could help to give police a leg to stand on & actually assist in forcing charges which might otherwise have to wait... Makes more sense now. It's not just a fishing expedition...

Key words: And His Family.
 
southern_comfort said:
Fox news website says:

"Smith was originally granted custody of his children with Parker, but his custody was revoked. The children are now under the care of Parker's mother."

Is this outdated information or are they really back with Michelle's mom?

http://www.foxnews.com/us/2013/03/1...appearance-suing-daughter-ex/?test=latestnews
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I dont know, the article is dated march 10, 2013, but that would be awesome if so!!! Im so overjoyed right now with this wrongful death suit! Michelle's children being with her mom just makes it that much better!

Looks like someone elses day is coming! :great:

Artzy
 
Oh wow, I've been waiting for something to break in this case. I hope this is it!
 
southern_comfort said:
Fox news website says:

"Smith was originally granted custody of his children with Parker, but his custody was revoked. The children are now under the care of Parker's mother."

Is this outdated information or are they really back with Michelle's mom?

http://www.foxnews.com/us/2013/03/1...appearance-suing-daughter-ex/?test=latestnews
Click to expand...

artzypantz said:
I dont know, the article is dated march 10, 2013, but that would be awesome if so!!! Im so overjoyed right now with this wrongful death suit! Michelle's children being with her mom just makes it that much better!

Looks like someone elses day is coming! :great:

Artzy
Click to expand...

coeurfragile said:
Oh wow, I've been waiting for something to break in this case. I hope this is it!
Click to expand...

No, they're with Dale in Tennessee. This was poor editing on FoxNew's side. I copy/pasted the pertinent part into Google & found that several portions were completely taken from the following article/release dated December 8, 2011...

http://www.foxnews.com/us/2011/12/08/police-reportedly-find-missing-florida-moms-cell-phone/

Snipped:
Smith -- the father of Parker's 3-year-old twins -- has been named the prime suspect in her disappearance but has not been charged with any crime.
Smith was originally granted custody of his children with Parker, but his custody was revoked. The children are now under the care of Parker's mother.
Parker and Smith appeared on the show to settle a dispute over a $5,000 engagement ring.
 
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