Grand Jury Indictment 3/20/14

[poppygirl]

Indictment...that's a good thing, right? This is the first time I've followed a case this closely. While I knew a trial could be a year or more away, i 'm not at all familiar with the process...does an indictment move things along quicker?

 

[Lovejac]

I am still hoping SM confesses. Sitting in jail 24/7 with no freedom will hopefully break him down.

I hope this too.

Being away from TM constant control has got to help, too. Don't you think?

 

[cluciano63]

If TM feels the need to handcuff SM due to lack of trust...would she trust him with the location of Heather's body, I wonder?

 

[concernedmother]

I think the attorneys will shift the blame on the others defendant and the hard part for jurors is going to be "Which one killed HE?" They could walk away not knowing for sure and that could be a problem.

 

[cluciano63]

I think the attorneys will shift the blame on the others defendant and the hard part for jurors is going to be "Which one killed HE?" They could walk away not knowing for sure and that could be a problem.

Since both are equally guilty under the law (or not) I think the state will present it as such all along, reminding the jurors that both are guilty if they are convinced they were present, in any way involved, etc...jmo

 

[RANCH]

I think the attorneys will shift the blame on the others defendant and the hard part for jurors is going to be "Which one killed HE?" They could walk away not knowing for sure and that could be a problem.

I think that a lot of these high profile cases are won or lost during jury selection. If a poor jury is selected, it's easier for the defense to use something like this silly "cross finger pointing" type of defense and get an acquittal.

MOO.

 

[Madeleine74]

I hope a jury that follows the rules from the judge and the law will be found. It scares me when I read the criteria that some individuals would require of one side or the other that are simply not a burden to meet under the law. If a jury member simply can't or won't follow the judge's instructions then I hope that person is tossed during voir dire.

 

[UndiscoveredTruth]

This whole thing confuses me. So, they have been indicted, and there is no bail, and the trial is possibly going to be in one year...so they can keep people, who are to be "presumed innocent" locked up for a year (not that I want them out)? What happens of they aren't convicted? They just lost a year of their lives? That seems crazy to me (not that I want them out). What happens to the right to a "speedy trial"?

BBM: Good questions nosysw :thumb: Can anyone answer those questions? What happens if they aren't convicted? Another question: Do they get compensation for false imprisonment if and that's a big IF they're found not guilty?

 

[Ghostwheel]

BBM: Good questions nosysw :thumb: Can anyone answer those questions? What happens if they aren't convicted? Another question: Do they get compensation for false imprisonment if and that's a big IF they're found not guilty?

All kinds of good information here:
http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CriminalG.htm

"The right to a speedy trial is a right which can be waived. Waiver of such right is generally inferred where (1) the accused failed to make timely demand that he be either tried or discharged..."
"The constitutional guarantee of a speedy trial affords protection only against unnecessary or unreasonable delay."
"For the defendant to establish the fact that he has been denied a speedy trial, he must demonstrate the delay was attributable to the neglect and willfulness of the State"

It kind of looks like if they don't specifically request a speedy trial, it doesn't have to be that speedy. I don't have a link yet, but I'm pretty sure a civil suit can be filed for unlawful imprisonment.

More info here:
http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_speedytrial_blk.html

"(b) The presumptive speedy trial time limit for persons held in pretrial detention should be [90] days from the date of the defendant’s first appearance in court after the filing of a charging instrument."

"d) Provision should be made for the court to determine, on motion of the prosecution or the defense or on its own motion, that a case is of such complexity that the presumptive speedy trial time limit should be extended in order to enable the parties to make adequate preparations for pretrial proceedings or for the trial itself. "

 

[cluciano63]

I think the attorneys will shift the blame on the others defendant and the hard part for jurors is going to be "Which one killed HE?" They could walk away not knowing for sure and that could be a problem.

BBM: Good questions nosysw :thumb: Can anyone answer those questions? What happens if they aren't convicted? Another question: Do they get compensation for false imprisonment if and that's a big IF they're found not guilty?

Well, as long as LE had evidence and none of it was falsified in any way...it would not be false imprisonment, IMO. Also, being found "not guilty" does not always mean the person didn't do it...jmo.

 

[CHERIE.T]

BBM: Good questions nosysw :thumb: Can anyone answer those questions? What happens if they aren't convicted? Another question: Do they get compensation for false imprisonment if and that's a big IF they're found not guilty?

But it's not false imprisonment if they are formally charged, arraigned and tried. If the accused are found not guilty, they are like all others who waited in jail for trial. Right?
IMHOO

 

[PPKik]

BBM: Good questions nosysw :thumb: Can anyone answer those questions? What happens if they aren't convicted? Another question: Do they get compensation for false imprisonment if and that's a big IF they're found not guilty?

Great questions. This case, although in Colorado, not South Caolina, is an example of police, expert witness, and prosecutorial misconduct, which led to the false imprisonment of Tim Masters for almost ten years and harassment by the police for much longer. In Tim Masters' case, from what I remember, there was no evidence against him, as a teen, but years later, enough was fabricated to bring him to trial and unjustly convict him.

I believe the only way a person may get compensation is if they are falsely accused, knowingly, and the exonerated person can prove there was malfeasance or serious misconduct on the part of the government.

IMO, UNLESS the police lied about evidence or made it up, or the prosecution knowingly put on a case that they knew was based on faked evidence, lies, false testimony, tampered with evidence, or some other shenanigans, etc., I don't believe IF they (Moorers) are found not guilty, they would get any compensation.

This link below was the top one on a list of many. It's a terrifying case because it shows just how a person's life can destroyed for decades by a relentless and dishonest cop (James Broderick).

"After 23 years, one murder trial, numerous appeals, new DNA evidence, an overturned murder conviction and $10 million settlement, one constant remains: the mystery of who killed Peggy Hettrick. (June 9, 2010)"


http://www.coloradoan.com/article/99999999/NEWS01/71107031/A-Look-Back-Tim-Masters-Case

 

[PPKik]

I read yesterday they waived the right to a speedy trial, but not sure if that was official or a presumption. I can't imagine innocent people wanting to delay a trial and stay in jail. If the defendants insisted, they could go to trial in whatever the minimum is for Sc, i.e six months, and the state would be forced to be ready. I think it is foolish in this case to not go to trial sooner, for the defense, as it allows time for Heather to be found. Jmo

ETA from what I can find "speedy" is not specific in SC...case to case, based on complexity etc...

The Moorers waived their right to a speedy trial? Did the article state why? Do you happened to have a link handy? TIA.

 

[UndiscoveredTruth]

A big thank you Ghostwheel, Clueciano63, CHERIE.T and PPkik for your responses to the questions put forth. Most grateful for the information and links given too. :thumb:

 

[stmarysmead]

TM has "spoken" to us through her social media postings...including the ones where she pretended to be her husband. I believe a jury will feel they know her too. Insecure, vain, and truly vicious...it is not hard to see how someone so consumed with maintaining a fantasy perfect life...would have every motive to kill a young girl threatening all that.

SM is a mystery to me though. And the more I learn about his relationship with his wife and the longer he stays silent, the deeper the mystery becomes. An insider has posted that he was likable, respectful to women, sounds like a normal nice guy to me. But if he has had only minimal involvement in Heathers murder...or watched his wife kill her...does he REALLY want the two of them to get off? Would he not fear she could go off again in years to come and hurt someone else...even family members who cross her or threaten her fantasy? How would you live with a spouse you saw take a young girls life...wouldn't every drunken rage have you waiting for more violence?

If he is not cooperating, then IMO that tells me SM was way more involved in this...and not just in the coverup.

 

[SStarr33]

I believe Zimmerman's attorney is suing the state for the BS they pulled in charging him.

 

[What'sThatClue]

I believe Zimmerman's attorney is suing the state for the BS they pulled in charging him.

He's dropped it from what I understand.

http://www.mynews13.com/content/new...ticles/cfn/2014/3/5/george_zimmerman_dro.html

 

[MissUnderstood]

This may be a silly question but who is the grand jury made up of? Is this procedure like a closed court where evidence is shown and then a decision is made if it will go to trial?


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[cluciano63]

The Moorers waived their right to a speedy trial? Did the article state why? Do you happened to have a link handy? TIA.

I meant, I read it posted here...that is why I do not know if it was an assumption.

 

[Oreolover]

This may be a silly question but who is the grand jury made up of? Is this procedure like a closed court where evidence is shown and then a decision is made if it will go to trial?


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There are 18 grand jurors picked to serve. Most states have 6 month terms; South Carolina can do 1 year terms. 6 of these are picked from the prior term while 12 are new. They are picked from the standard pool of jurors. Sessions are closed with evidence being present only by the solicitor's office, usually by the lead detective. The standard rules of evidence do not apply.