GUILTY GA - Antonio Santiago, 13 mos, Brunswick, 21 March 2013 - #3

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this was in today's paper. i really don't know where this going to go. Mother of slain infant avoids defense subpoena

4/4/2013
By MICHAEL HALL The Brunswick News

The defense attorney representing a Brunswick teenager accused of murdering 13-month-old Antonio Santiago says the infant's mother, Sherry West, refused to come to the door of her home twice Wednesday to accept a subpoena to appear Friday in Glynn County Superior Court.

Public Defender Kevin Gough, attorney for 17-year-old De'Marquise Elkins, said West should be held to the same standard as other people who have allegedly interfered with the investigation of the murder case.

To him, that means the same rules as were applied to Brunswick City Commissioner James Brooks when he was arrested for allegedly obstructing a police investigation.

:)

Not answering your door while grieving the brutal murder of your baby, that you witnessed, is not exactly on par with actively coming between two witnesses and law enforcement and saying don't talk to them, get a lawyer, while they are attempting to question them.

Ducking a process server isn't illegal I don't believe. Directly impeding or interfering with LEO attempting to interview or question a witness is.

and the stretch gets longer, MOO.
 
this was in today's paper. i really don't know where this going to go. Mother of slain infant avoids defense subpoena

4/4/2013
By MICHAEL HALL The Brunswick News

The defense attorney representing a Brunswick teenager accused of murdering 13-month-old Antonio Santiago says the infant's mother, Sherry West, refused to come to the door of her home twice Wednesday to accept a subpoena to appear Friday in Glynn County Superior Court.

Public Defender Kevin Gough, attorney for 17-year-old De'Marquise Elkins, said West should be held to the same standard as other people who have allegedly interfered with the investigation of the murder case.

To him, that means the same rules as were applied to Brunswick City Commissioner James Brooks when he was arrested for allegedly obstructing a police investigation.

This is ridiculous!
What an "interesting" person this attorney is.
Wanting to see this VICTIM who saw her baby shot in the face arrested for not answering her dang door!

Just when I think people can't get any lower, BAM.. they prove me wrong.

Just crazy.
 
Have been following all your great posts here and I must say that this latest info has my head spinning...
 
I can't speak for Georgia law, but generally, someone is not required to "accept" a subpoena. Its either served or it isnt. She has no legal duty to answer the door. I would be interested to know who was attempting to serve the subpoena, a deputy or a private process server. And what exactly the subpoena to appear was for. The discovery motion to me is clearly meant to intimidate any further witnesses from coming forward. And i believe this subpoena also has an ulterior purpose. The victim here really needs to get with the district attorney's office. They likely have some sort of victim's assitance program that can help her. She needs to speak wtih her own attorney for her own protection here. Protection of her legal rights and for her own physical safety.
 
According to The Brunswick News this morning she was home. I couldn't link to The Brunswick News online but this one reads almost verbatim.

http://www.albanyherald.com/news/2013/apr/04/mother-slain-infant-avoids-defense-subpoena/?sports

Sure seems like a very strange way to go about the subpoeanas. I think this is being done mostly to stir up media attention. First, to get records, normally a request would just be sent to the district attorney to produce them. Second, if you were going to subpoeana the police records, that subpoeana would be served on the city attorney, not on the actual police station. As for the subpoena on the victim, there is no requirement to answer that door. And further more it is really improper for one of the public defender attorneys to be serving a subpoena.
 
Maybe she was not home. I sure hope someone has taken her under their wing and protecting her. I can not imagine.

Gough is playing hard ball, this is a high profile case in our town and he is getting all he can out of it.

Has Gough run for any political office before and been defeated? His Facebook page shows that he is a big conservative and a wanna-be politician. Could he possibly be trying to get future votes from constituents he couldn't attract in previous races?

How long has he been a public defender? Do public defenders pull in the low income vote in Brunswick?
 
The problem at the root of this most recent argument from Gough is that a crime victim has no onus to make themselves available at the whim of the defense team. He is an attorney, not a law enforcement officer or detective or investigator. She owes him nothing.

Her failure to answer the knocks on her door is completely legal and within her rights. He seems to believe he has the same role, powers and privileges as LEOs do. By comparing SW's avoidance of dealing with him or his subpoena to the commissioner's interference in the investigation, he is way off. Judge is gonna say apples and oranges. Maybe even apples and brownies.
 
Gough said Horton attempted to file a police report with the Brunswick Police Department following the subpoena refusal, but could not. "She spoke with several people, including an officer and a detective, and they told her to try back tomorrow," Gough said.

http://www.albanyherald.com/news/2013/apr/04/mother-slain-infant-avoids-defense-subpoena/?sports

BBM lmao. "Ain't nobody got time for that"

Sorry but they can tell the defense to go F themselves, that up is down, white is black, and the moon is made of green cheese if they so desire. Still not illegal.
 
Did DE's other robbery shooting victim also ID DE as his shooter? I see he is absent from the motion regarding the mental health records and the IDing of DE by West. So did he ID DE and if so, what caused his ID to be faulty. He is sort of note addressed in this mess.

How does Gough intend to defend DE's shooting of that minister fella? Was he participating in some elaborate insurance fraud as well?

ETA

Pastor Calix-Flores tells Action News he's now praying De'marquis Elkins and his family seek forgiveness from God. http://www.mytvjax.com/mostpopular/...leged-baby-killer/A7P-CIs2xUaphlEv9VByRA.cspx

What's next, will Gough attempt to subpoena God? I can't find any links that specify whether the pastor ID'd him in addition to SW.
 
Will there be ONE trial for all 3 victims? The 3 victims who were shot were: the baby, the baby's mother on March 21, and the pastor on March 11 .
 
So sickening that there are people who are accusing the mom (not here, other sites). I understand she has mental issues, a tumultuous past and a not so great relationship with her daughter. but NONE of these things indicates her guilt, especially since an arrest has been made and there seems to be a decent amount of evidence or witness to the fact or after the fact. [snipped]
I feel so bad for this mom.
I, also, feel very badly for this mom. Having her new baby murdered is bad enough, but right before her eyes is unimaginable.

If she was part of the plan, why would she pick an intersection in broad daylight for a murder? Maybe she did recognize the two teens who did the shooting, but there's no way she is involved. It doesn't make any kind of sense.
 
Has Gough run for any political office before and been defeated? His Facebook page shows that he is a big conservative and a wanna-be politician. Could he possibly be trying to get future votes from constituents he couldn't attract in previous races?

How long has he been a public defender? Do public defenders pull in the low income vote in Brunswick?

I do not think he ran for office before, but I think he is getting ready to soon.

He moved here in 98, I think. You do not normally hear to much of him at all.
 
http://www.albanyherald.com/news/2013/apr/04/mother-slain-infant-avoids-defense-subpoena/?sports

Sorry but they can tell the defense to go F themselves, that up is down, white is black, and the moon is made of green cheese if they so desire. Still not illegal.
I agree. From what I know, it's not illegal to avoid accepting a subpoena. I haven't opened my door to many people, including tax assessors. No one can legally force me to open my door to anyone.

OT- About 10 years ago someone banged on my door after dark. I was alone and not expecting anyone. I looked out the glass panel just in time to see a police officer, with his gun drawn, quickly move to the side where I wouldn't be able to see him. Then he yelled, "We can do this the easy way or the hard way!" So, knowing he was a police offer, do you think I felt obligated to open the door? He!!, no! I was petrified and confused, so I immediately dialed 911. They couldn't understand what could be going on and why I was complaining about a police officer outside my door. But within a minute the officer went back to his patrol car and drove away. Though I never found out exactly what had gone on, I'm sure he arrived at the wrong house. S**t happens, I guess! But never be intimidated by anyone!
 
It's minor in the scheme of things, maybe, but I'm thinking that the 'police report' the public defender's office was trying to file might not have been about West's (or Santiago's) failure to answer the door and receive the subpoenas (I'm sure as a lawyer he probably knows that's not illegal)--but to report what they allegedly heard West yell on the phone inside her apartment to Santiago:

According to an affidavit by Renee Horton, assistant investigator for the Glynn County Public Defender's Office, that was filed Wednesday in Glynn County Superior Court, Horton and assistant public defender Ashley Wood had attempted to serve a subpoena on Antonio's father, Louis Santiago, at his apartment, across Union Street from where West resides.

After Santiago refused to come to the door, Horton and Wood walked over to serve a subpoena on West, the affidavit states. When she did not answer, Horton and Wood noticed Santiago outside on the sidewalk in front of his apartment, talking to someone on the speaker of a cell phone, Horton's written statement alleges.

As they approached Santiago in a second attempt to serve the subpoena, Horton and Wood overheard a woman's voice speaking loudly to Santiago, the affidavit states. As Horton and Wood approached West's door a second time and rang the doorbell, they heard West inside.

"I then heard a voice I recognized as Sherry West talking very loud," the affidavit says. "I heard Sherry West yell at Louis Santiago, 'Just tell them you don't know anything,'" the affidavit states
.

Gough said Horton attempted to file a police report with the Brunswick Police Department following the subpoena refusal, but could not. "She spoke with several people, including an officer and a detective, and they told her to try back tomorrow," Gough said.

http://www.albanyherald.com/news/2013/apr/04/mother-slain-infant-avoids-defense-subpoena/?sports

Admittedly, it's up for interpretation. That's just the impression I got from reading this article, since I've never heard of anyone filing a police report for evading subpoena. It's just not something 'reportable'.
 
It's minor in the scheme of things, maybe, but I'm thinking that the 'police report' the public defender's office was trying to file might not have been about West's (or Santiago's) failure to answer the door and receive the subpoenas (I'm sure as a lawyer he probably knows that's not illegal)--but to report what they allegedly heard West yell on the phone inside her apartment to Santiago:



Admittedly, its up for interpretation. That's just the impression I got from reading this article, since I've never heard of anyone filing a police report for evading supoena. It's just not something 'reportable'.

I believe you may be correct. IMO Still matters not. They are not bound by law to open their doors or speak to him or his assistants at all. He is not Law Enforcement conducting an investigation. they are not required to cooperate with him and if they choose to tell him they don't know anything or tell one another "don't talk to him or them" they have every legal right to do so. It is not interfering with a police investigation as the others charged in this case have done.

It is not the same as the offense (illegal) committed by the commissioner.

Gough said Horton attempted to file a police report with the Brunswick Police Department following the subpoena refusal, but could not.
 

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