Megnut
A piece of peace is peace enough.
- Joined
- Oct 22, 2018
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I agree. I don't think SB meets the three criteria necessary to claim BSS.In Owens earlier Motion -- he recognized that he only had 8 days to get this Change of Defense (Battered Spouse Syndrome) Notice of Intent filed, and filed a skinny, one page Notice on Sept 6, 2024. Although the Notice included the name & address of the witness, the defense clearly failed to include a Statement of Particulars.
Incidentally, the Defense was first to request a Statement of Particulars from the State.
A motion for a statement of particulars is a common part of a criminal defense. It's a way to challenge the information, which is the document that formally charges the defendant. On Sept 8, the State responded to the defense's request in part:
1. A statement of particulars is never required in Florida except in exceptional cases. Peel v. State, 154 So. 2d 910 (1963); appeal dismissed 168 So. 2d 148; certiorari denied 380 U.S. 986.There is nothing in the Motion, or in an affidavit, that shows exceptional circumstances in this case requiring a statement of particulars. 2. Receiving a statement of particulars is not a legal right, but rather an act of judicial discretion. Miller v. State, 764 So. 2d 640 (1st DCA 2000).
Perhaps the defense will argue tit- for- tat on the statements of particulars-- give us ours, and we'll give you yours!
IMO, regardless of whether or not the Notice of Intent by the defense was legally deficient in form, how can SB claim she honestly feared for her life when she allowed the victim to suffocate inside the suit case while she slept peacefully in her bed for about 12 hours before finding him zipped inside -- telling investigators over and over it was not intentional.
We've all seen the video of JT pleading with SB that he could not breath. He was not threatening-- even as she taunted him! We know that SB even turned the suitcase over, yet she never unzipped it!
Nope, I don't think SB meets the three criteria necessary to claim BSS:
Rule 3.201 - BATTERED-SPOUSE SYNDROME DEFENSE
(b) Time for Filing Notice. The defendant shall give notice of intent to rely on the defense of battered-spouse syndrome no later than 30 days prior to trial. The notice shall contain a statement of particulars showing the nature of the defense the defendant expects to prove and the names and addresses of the witnesses by whom the defendant expects to show battered-spouse syndrome, insofar as possible.
Fl. R. Crim. P. 3.201
Rule 3.201
However, if he wasn't dead, JT might've met them.
JMO