FL - Somer Thompson, 7, Orange Park, 19 Oct 2009 #40

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Aren't the charges he'll be tried on the charges the grand jury indicted him on?

I wondered why they did not charge him with illegal disposal of a body but I suppose that could be added on?

(ETA: What other charges do you think would be filed?)


State Attorney Angela B. Corey announced Thursday that the Clay County grand jury returned a four-count indictment charging Jarred Mitchell Harrell with murder in the first-degree, kidnapping, sexual battery and lewd or lascivious battery in relation to the disappearance and death of Somer Renee Thompson.

http://www.wesh.com/crime/23029131/detail.html
 
It seems like I have seen this in another case, they had a couple of murder charges against a person for the same murder then the States Attorney comes in and files the final one. I think it will be the same the grand jury came up with.
 
Maybe by having the grand jury indictment, they can ask for the death penalty while without it, they could not?

So if the grand jury had not indicted then they would not have been able to go for the death penalty?

JMO
I don't know ...
 
I've seen this in other states too. Both Elizabeth Johnson and Tammi Smith in Gabriel Johnson's case in Arizona had charges filed shortly after arrest, and then the grand juries returned charges. There were slight differences - one I recall was dropped against Ms. TammiFay and Ms. Elizabeth was gifted with an additional one of child abuse IIRC.
 
The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal criminal charges. At the state level, only about half the states use a Grand Jury. All states use a Grand jury when it comes to federal charges.

A prosecutor can obtain a subpoena for anyone to testify in front of a grand jury without showing probable cause. Witnesses called to testify in front of a grand jury cannot have an attorney present, however, they may ask that questioning be stopped momentarily so they can leave the room to speak to their attorney.

In most cases, the subject being looked at by the grand jury is not allowed to testify on their own behalf in front of a grand jury or allowed to have any witnesses testify on their behalf. If they do witness on their own behalf, they will not be granted immunity.

Very simply, a grand jury has decided there is probable cause to believe that JH is responsible for the death of Somer. Even if (God forbid), he is found not guilty in a court of law, the grand jury indictment will still stand. This opens up the doors for a wrongful death suit (Such as in the case of OJ Simpson where the Grand Jury handed down an indictment but he was found not guilty at trial).

As it is, there is no defense at a Grand Jury. It is the prosecutor laying the case out before the grand jury and presenting evidence to them to back up their theory on the case. The Grand jury is allowed to ask witnesses or the prosecutor questions. Though I should mention that if a defendant asks to testify at a grand jury hearing, they may be allowed to do so (though there are great risks involved in doing so, it is not advised that one testify on their own behalf in front of a grand jury).

Grand jury members are chosen from a potential jury pool, however, they are not screened for biases and other improper factors.
 
I believe that people choose right and wrong.

But, we as a society contribute to things that are unjust and wrong. We apparently are our brother's keeper and we should do onto others as we would have them do unto us.

Child abuse was recognized and put forward by an animal rights group in the early 1900's as animals had more protection than children did. Child labor laws were established in the late 1800's. Abraham Lincoln set the standard for this nation when he freed the slaves . Women were giving the right to vote. JFK asked the citizens to serve their country.

Brown vs. Bd of education in 1954 desegregated schools, although people found ways around it by making private "religious" schools.

We as a society are responsible, not God. S/he tells us how to live. We choose not to do the right thing.
 
JARRED HARRELL ARREST REPORT (at link)

BBM

Former prosecutors of high profile cases said don't expect Harrell's trial anytime soon.

Former State Attorney Rod Smith tried Danny Rolling's case. It is known as one of Florida's most high profile cases. Rolling was executed in 2006 for the brutal murders of five college students in Gainesville in 1990.

Smith said Rolling's trial back in 1991 was tough because of all the publicity. He said with more cable news and information available online, trying Jarred Harrell's case will be even tougher.

The toughest part? Looking for a jury.

"By the time this case gets to trial, it will be, 'Yes, I've heard of him,'" said Smith, and added death penalty cases are handled differently altogether.

"You must make sure every 'T' and 'I' is crossed and dotted, because the last thing you want to do it do it (trial) again," Smith said.

Smith feels Harrell's trial will not happen in a year. He said Harrell's defense attorneys will slow things down with a lot of motions.

"A focus over time will switch from the focus on the crime to circumstances to the life of the defendant," Smith said.
~~snip~~

http://www.firstcoastnews.com/news/local/news-article.aspx?storyid=154202
 
Yep, it's gonna be tough to find jury members that have not heard of this monster.
 
I don't know if that will be true ... the same was said about Drew Peterson (Bolingbrook, IL).

Drew and his attorney appeared on TV stations everywhere, at every opportunity from the time his 4th wife disappeared (October 2007) up until he was charged with his 3rd wife's murder (May 2009).

The change of venue was denied. The judge had 240 potential jurors fill out a questionnaire, and determined that no change of venue was necessary. It is expensive, and there are other options. In IL, it was determined that Drew Peterson could get a fair trial in Will County.

I sometimes think we -- the we who follow cases like this ... whether here on WS, on another board, or by making commenting under articles on the story we're following -- get an unrealistic idea of the "everyone" who knows about the case.

You can "know" about a case, as a resident, and not "know the details" of the case like we do. Besides, as a juror, you can only make your decision based on the facts allowed into evidence during the trial.

I do think it is possible for them to find a jury. It might not be the run-of-the-mill jury selection, but I think they can do it, following the options available (like the judge in IL did).
 
guess the point of that article is that - yea, now so many have heard of JH but in a year or two - maybe not many will even know who he is.

Regarding Drew: The new hearsay law Illinois passed into law will probably end up going to the supreme Court - and as far as a trial for Drew - I doubt one will ever happen. So much coverup by so many state agencies in his crimes, I think there will be reason after reason to avoid trial. My guess is the strategy by prosecution and defense, is to make it look like trial is imminent, but avoiding it at all costs. Just my opinion from living in Illinois. moo JMO
 
"A focus over time will switch from the focus on the crime to circumstances to the life of the defendant," Smith said.


Does this seem like they would be looking for sympathy for JH? That the focus would not be Look at the the awful thing he did but Poor JH, look at the life he lead ... ?

Grrrrrr.


OT
On DP ... guess we'll see what happens in June.
 
"A focus over time will switch from the focus on the crime to circumstances to the life of the defendant," Smith said.
~~snip~~

I have no doubt we will be hearing all about his dysfunctional childhood - a good defense attorney will use that info to the max. However, I'll be most interested to see how they connect his dysfunctional childhood to murder, sexual assault, and kidnapping of a 7yo.
 
I do think that JH didn't have a chance growing up. Who knows what was taught to him as normal.

I think that his background will be brought up to save him from the DP. But for me, life in prison would hardly be desirable.

If one reads into the backgrounds of killers, it is not surprising that they do what they do. There are things that we do know that lead to bad outcomes.

Some children do overcome, like that child called "It". I wonder why he did as he had nothing going for him. I cannot read the book.

I think it's good that some states have mandatory counseling for parents when they get divorced. I don't know if it's effective, but boys of a certain age seem to be vulnerable to having issues.

Families should have mandatory counseling if their children are bullies or do criminal acts. I see that a lot of parents blame their kids when it is the family that is screwed up.

Everyone should have to watch the show "Nanny". I never dreamed that parents allowed their children to be so out of control.

Men who have children that they do not support financially should be sterilized after the second child.

I have lots more suggestions, but it will never happen as people will not allow their "rights" to be taken away. We don't allow animal abuse and puppy mills, but children don't get the same rights.
 
I have read a few appeals of death penalty cases in Florida and the judges seem to want any sex abuse or weird things that happened to the offender backed up by reports made at the time and even then it didn't seem to make any difference in the few cases I read.
 
Dr.Fessel said:
I have read a few appeals of death penalty cases in Florida and the judges seem to want any sex abuse or weird things that happened to the offender backed up by reports made at the time and even then it didn't seem to make any difference in the few cases I read.
Click to expand...

I doubt if there will be a single report for JH. I think whatever happened to him was considered normal behavior in the home,

His mother allowed her 8 year old to get "married" to her husband and knew that at any time he could consummate the "marriage". She also stated that it would be fine if her daughter had children by Newman.

Who knows what went on in that home over the years. Who knows what mother thought was acceptable in that home.
 
human said:
I doubt if there will be a single report for JH. I think whatever happened to him was considered normal behavior in the home,

His mother allowed her 8 year old to get "married" to her husband and knew that at any time he could consummate the "marriage". She also stated that it would be fine if her daughter had children by Newman.

Who knows what went on in that home over the years. Who knows what mother thought was acceptable in that home.
Click to expand...

I think child services did get involved with the stepfather/sister thing.
I think the kids were removed from the home or the mom had to leave the stepfater...I don't know, but I do think I remember something along those lines.
So, there should be a record somewhere of it.
 
Happy Easter Somer! I bet Easter Sunday is just beautiful in Heaven.
 
Kimberlyd125 said:
I think child services did get involved with the stepfather/sister thing.
I think the kids were removed from the home or the mom had to leave the stepfater...I don't know, but I do think I remember something along those lines.
So, there should be a record somewhere of it.
Click to expand...

yes, but I wonder if it included any report of any abuse to JH?

BTW, there is a 12 year old girl named Kayleah Wilson that has been missing over a week in Greeley Colorado. The mother seems unable to deal with this.

I tired to find the Somer Thompson foundation on the net, and I can't find any info. Does anyone have a contact number or does anyone belong to remembering Somer?

If you do, could you please email them and tell them that this is a family that could use some help right now? TIA
 
human said:
yes, but I wonder if it included any report of any abuse to JH?

BTW, there is a 12 year old girl named Kayleah Wilson that has been missing over a week in Greeley Colorado. The mother seems unable to deal with this.

I tired to find the Somer Thompson foundation on the net, and I can't find any info. Does anyone have a contact number or does anyone belong to remembering Somer?

If you do, could you please email them and tell them that this is a family that could use some help right now? TIA
Click to expand...

The mom sure isn't media savvy, that's for sure. Right now she seems overwhelmed and without much money (no car). The family would be perfect as a recipient but I think the Sommer Thompson foundation just got off the ground last week and I doubt they are set up yet for handing out monies. Also, I'm not sure this mom could handle the judgmental public accusing her of being money hungry, questioning every penny. Remember what mom Diena went through. Somehow there has to be an education program along with handing monies to the families in tragedy. moo
 
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