GUILTY GA - Lauren Giddings, 27, Macon, 26 June 2011 #14

[Backwoods]

I believe the link I posted earlier today to the brief story about the trial date being set will now lead to this expanded article -- but reposting just to make sure:

Giddings’ mother vows to fight ‘tooth and nail’ as case goes to trial

​

...In phone call with The Telegraph from Giddings’ Maryland hometown, her mother wanted to make clear that her family isn’t at odds in the least with the decision not to seek death for McDaniel.

“We were only divided as a family in some of our opinions,” Karen Giddings, 52, said. “But we’ve become closer than ever in our effort to stand united. ... Ultimately it came down to my belief. ... I believe in the sovereignty of God. He is all-knowing ... and the most powerful judge. And I believe in the sanctity of all human life, from conception to natural death. But it was really hard..."

She said taking away the capital punishment option is not a sign of her family backing down. ...

http://www.macon.com/2013/02/25/2370771/trial-set-for-stephen-mcdaniel.html#storylink=cpy​

...“We are gonna fight tooth and nail. There never will be complete justice for Lauren, but in no way are we laying down or taking this lightly,” Karen Giddings said.

“I’m not doing this to be nice or even ... merciful. It’s just something I don’t believe I have the right to do.”

​

read more at: http://www.macon.com/2013/02/25/2370771/trial-set-for-stephen-mcdaniel.html

 

[bessie]

I feel like I've been neglecting Lauren's thread lately. Seems every time I start to make my way over here I get interrupted. Anyway, it looks like I checked in at a good time. September 9, eh? Think I'll have to schedule some vacation days around that time.

 

[bessie]

February 21, 2013

Statement from Bibb DA on Giddings case

Published: February 21, 2013
Today I formally withdrew the notice of intent to seek the death penalty in the case of State of Georgia v. Stephen McDaniel...

At the close of the meeting, Lauren’s mother and father asked me to withdraw the death notice.

February 25, 2013

Giddings' mother vows to fight "tooth and nail" as case goes to trial

Published: February 25, 2013
By AMY LEIGH WOMACK and JOE KOVAC JR. — Telegraph staff

The mother of slain Mercer University law school graduate Lauren Giddings says make no mistake, she thinks her daughter’s alleged killer is a “coward” and that he should suffer.
But Karen Giddings wants his ultimate punishment and judgment “in God’s hands.”

http://www.macon.com/2013/02/25/2370771/trial-set-for-stephen-mcdaniel.html#storylink=cpy


​

 

[bessie]

Statement from Bibb DA on Giddings case

Published: February 21, 2013

Today I formally withdrew the notice of intent to seek the death penalty in the case of State of Georgia v. Stephen McDaniel...

At the close of the meeting, Lauren’s mother and father asked me to withdraw the death notice.


This case grows more and more profound.

I'd like to think that in the face of a crucible such as the Giddings have been dealt, my beliefs would stand solid, too, but I'm not so sure. They're pretty amazing people.

 

[Sonya610]

I don't believe that bit about the FBI being too busy to examine the hair and fiber evidence until now. Come on they rushed to the scene and VOLUNTEERED to help with the case within hours, yet they don't want to give the evidence processing priority?

 

[tomkat]

i don't believe that bit about the fbi being too busy to examine the hair and fiber evidence until now. Come on they rushed to the scene and volunteered to help with the case within hours, yet they don't want to give the evidence processing priority?

expound?

 

[Backwoods]

I don't believe that bit about the FBI being too busy to examine the hair and fiber evidence until now. Come on they rushed to the scene and VOLUNTEERED to help with the case within hours, yet they don't want to give the evidence processing priority?

I'm puzzled by this, too.

We talked before about the idea that maybe testing has been done and it is only the formal reports being held back, to keep them from the defense a bit longer. I don't know, though, how likely that is.

I guess there could be other forensic results -- blood/DNA where it shouldn't be, for example -- that could be incriminating enough to move forward, without the fibers/hair/bathtub analyses being needed right to begin with...? Again, though, those items seem important enough that it is hard to swallow the "backlog" thing.

I wonder sometimes if there might even be video or some kind of witness to something that we don't know about.

The Giddings family seems so convinced that the correct person was arrested -- Kaitlyn said something to the effect that "the evidence proves it" in one of the recent stories. I wonder how much of the evidence they know that we don't yet.

 

[Sonya610]

I wonder sometimes if there might even be video or some kind of witness to something that we don't know about.

Yeah well keep in mind they also took the death penalty OFF the table. The articles imply it was the "families" decision and yes they probably explained why it was a good idea and the family agreed.

That also hints at no smoking gun, they know the death penalty makes the bar MUCH higher, and if the evidence is only so-so they have a better chance with the jury when convicting means prison.

 

[pearl]

Yeah well keep in mind they also took the death penalty OFF the table. The articles imply it was the "families" decision and yes they probably explained why it was a good idea and the family agreed.

That also hints at no smoking gun, they know the death penalty makes the bar MUCH higher, and if the evidence is only so-so they have a better chance with the jury when convicting means prison.

Sonya610,
I respectfully disagree with you here. In my opinion, the evidence either supports a guilty verdict beyond a resonable doubt or it does not. There is not a higher threshold with a possible death penalty verdict. The trial phase determines the verdict. The penalty phase determines the sentence. I may be wrong with this and please tell me if I am, that the judge imposes the sentence which may or may not be what the jury decides. I think the only thing the judge can't do is impose the death penalty if the jury doesn't choose it. I think what came into play here is time and cost. Not having a possible death penalty will bring this case to trial sooner than if there was the possibility of a death penalty. If the accused is found guilty, he begins serving his sentence. If he wants to appeal it, he has to pay for the appeal himself. If he is found guilty with the death penalty attached, he has an automatic appeal to the Georgia Supreme Court which would be paid for by public funds. Then there would also be the endless appeals to other courts which would have to be paid for by someone. I am not familiar with SM's family's finances, but the appeals process for a death penalty sentence goes on for years. SM would be using family funds that will probably be needed by other members of his family.

I really like your picture beside your name. I have a gorgeous long hair black cat with big green eyes. A true diva.

 

[Sonya610]

Sonya610,
I respectfully disagree with you here. In my opinion, the evidence either supports a guilty verdict beyond a resonable doubt or it does not. There is not a higher threshold with a possible death penalty verdict.

Alan Dershowitz (considered one of the most brilliant defense attorneys in the US) said going after the death penalty was one of the biggest mistakes in the Casey Anthony trial. I ain't no expert but he IS and he seems to think it DOES raise the bar as far as the evidence is concerned.

“The prosecutor made the dreadful mistake of charging [Anthony] with first degree murder, essentially asking for the death penalty.” Dershowitz said that made the jury look very closely at the evidence for any conviction.

http://hereandnow.wbur.org/2011/07/06/casey-anthony-dershowitz

 

[pearl]

Does anyone think there may be a plea bargain?

 

[currcat]

I have been out of the loop a while on this (and all threads) but I am def. planning on being in the court room for this trial. I do hope that the Sept 9th start date holds, as that is a good time of year for me to take some days, but I imagine this will get held over for some reason or another...anyone hearing anything about a venue change?

 

[tomkat]

lost my whole post, gonna be shortened now.LOL

if no SM dna evidence is on any of those fibers waiting to be tested, doesn't mean he didnt' do it, thinnk of the ramifications of that presented to the jury though

Sometimes you know, you just know, but you can't convict someone because you've lived it all and seen it all and are certain of someone's guilt..... and neither the defense nor the prosecution may be willing to gamble on how this dna evidence may appear to a jury if none found or for the defense if it is......but who decides what to test

If you put death penalty on the table, can the jury change the sentencing or do they have to say guilty or not guilty to that particular sentencing ONLY

Otherwise, no dna even with all the circumstantial evidence may set him free

But look at CA case, much evidence wasn't even presented, later discovered when jurors were interviewd, and siad they would have given her a guilty verdict, how does that even happen?!?!??

Hope that doenst' happen here!

sorry, not really shortened haha

 

[pearl]

lost my whole post, gonna be shortened now.LOL

if no SM dna evidence is on any of those fibers waiting to be tested, doesn't mean he didnt' do it, thinnk of the ramifications of that presented to the jury though

Sometimes you know, you just know, but you can't convict someone because you've lived it all and seen it all and are certain of someone's guilt..... and neither the defense nor the prosecution may be willing to gamble on how this dna evidence may appear to a jury if none found or for the defense if it is......but who decides what to test

If you put death penalty on the table, can the jury change the sentencing or do they have to say guilty or not guilty to that particular sentencing ONLY

Otherwise, no dna even with all the circumstantial evidence may set him free

But look at CA case, much evidence wasn't even presented, later discovered when jurors were interviewd, and siad they would have given her a guilty verdict, how does that even happen?!?!??

Hope that doenst' happen here!

sorry, not really shortened haha

I think I got this right. Correct me if not. During the trial phase, the verdict is rendered guilty or not guilty to the charged crime(s). Then the jury deliberates to decide the sentence within the guidelines given them by the judge. The jury does not have to attach the death penalty if they so choose. The jury will make its sentencing recommendation to the judge. The judge can either give the sentence recommended by the jury, or he/she can change it. I think most judges give the jury recommended sentence. The judge, however, cannot attach the death penalty unless it is attached by the jury. This is my understanding of the process. Hope it is helpful.

 

[Backwoods]

OT: Hi everyone -- Just logged in briefly to let y'all know that I haven't abandoned the thread here in the past few days. I and the family member for whom I am caregiver have both been pretty sick with a respiratory thing, apparently NOT the flu but still pretty bad, and my family member is now hospitalized, hopefully well on the mend, so I am trying to rest up, catch up on must-dos, and get myself feeling some better also.

I will be back just as soon as I can. I was really glad to see there's been recent activity on Lauren's thread.

 

[bessie]

Feel better soon, BW! :blowkiss:

 

[Sonya610]

I have been out of the loop a while on this (and all threads) but I am def. planning on being in the court room for this trial. I do hope that the Sept 9th start date holds, as that is a good time of year for me to take some days, but I imagine this will get held over for some reason or another...anyone hearing anything about a venue change?

I do not think the defense will try to change the venue, everything I hear says a Bibb County Jury would be better than the surrounding counties (and many of the counties outside of Bibb have a "hang em' high" mindset).

I wonder how hard it will be to even get seats at that trial? I am somewhat tempted to go IF I could get a seat but gosh I really hate going into Macon.

A wild thought...if other WS locals are planning to go maybe we could pick a day and go together, maybe meet up at a Waffle House for breakfast before heading over. I have never gone to a big trial, not sure logistically how hard it would be.

 

[pearl]

I do not think the defense will try to change the venue, everything I hear says a Bibb County Jury would be better than the surrounding counties (and many of the counties outside of Bibb have a "hang em' high" mindset).

I wonder how hard it will be to even get seats at that trial? I am somewhat tempted to go IF I could get a seat but gosh I really hate going into Macon.

A wild thought...if other WS locals are planning to go maybe we could pick a day and go together, maybe meet up at a Waffle House for breakfast before heading over. I have never gone to a big trial, not sure logistically how hard it would be.

As I will probably be retired then, I would very much like to attend some of the trial also. Maybe some locals will tell us how the courts in Macon allot seating of spectators.

 

[Sonya610]

As I will probably be retired then, I would very much like to attend some of the trial also. Maybe some locals will tell us how the courts in Macon allot seating of spectators.

Okay I asked an attorney friend who frequently has cases in Macon. He said he believes they only reserve seating for family members and press, spectators are first come first serve. He said he has never heard of reserved spectator seating in Georgia. He also said since it is no longer a DP trial it may not be AS crowded but personally I doubt that, the trial will get a LOT of coverage in the local press, plus I am betting a lot of the Mercer crowd (students and faculty) will want to go too.

Once it starts we will have an idea of how bad the crowds will be. If it does involve waiting in line to get seats I hope maybe some others here would want to go on the same day, it will be easier than going alone. Course if this is a lengthy trial the crowds may slow down after a while.

 

[tomkat]

Bumping up, Any news?