Hannah Graham: The Search

[ksj3]

I don't know where to post this, other than here, but what is the likelihood that he has spoken with his attorney since he arrived back in Charlottesville? What is the likelihood he has provided some information, given the seemingly more concentrated search efforts? I guess the question is, will any potential "bargains" have to wait until Monday, with Hannah missing? Or, worse, after his bond hearing?

 

[Emaa]

I don't know where to post this, other than here, but what is the likelihood that he has spoken with his attorney since he arrived back in Charlottesville? What is the likelihood he has provided some information, given the seemingly more concentrated search efforts? I guess the question is, will any potential "bargains" have to wait until Monday, with Hannah missing? Or, worse, after his bond hearing?

I wouldn't anticipate any plea deals unless he's charged with murder. Right now, it's in his best interest to keep quiet.

 

[MJPeony]

I don't know where to post this, other than here, but what is the likelihood that he has spoken with his attorney since he arrived back in Charlottesville? What is the likelihood he has provided some information, given the seemingly more concentrated search efforts? I guess the question is, will any potential "bargains" have to wait until Monday, with Hannah missing? Or, worse, after his bond hearing?

I'm pretty sure he would have met with his lawyer since arriving back in C-ville.

I personally doubt that JM has given any information whatsoever as to HG's whereabouts- even after having spoken to his att'y. The more concentrated search efforts are, my guess, due to more tips and more information they have gotten on JM. I think they are trying to put pieces together the more they learn. I don't think JM will give up anything. For a long time at least. And I think it would involve some sort of plea bargain. Ugh. Just MO.

 

[jamicat]

I don't know where to post this, other than here, but what is the likelihood that he has spoken with his attorney since he arrived back in Charlottesville? What is the likelihood he has provided some information, given the seemingly more concentrated search efforts? I guess the question is, will any potential "bargains" have to wait until Monday, with Hannah missing? Or, worse, after his bond hearing?

He's almost certain to have spoken to his attorney who is almost certain to have told him not to tell LE anything. Given that there have been searches all day today that have been fruitless, JM probably gave no info.

I don't know how a criminal attorney would advise client to give up any info under various scenarios, given that we have a missing person here that is possibly alive and endangered, wtih time an issue. I have no idea what an attorney has to give up in the way of info of what the client does say. If there is someone endangered, and the attorney has info, I believe it has to be given up to LE. Maybe some of the lawyers here can calrify this.

In the Lauren Spierer case, the instant she was announced missing and POIs (the last people to have seen her alive) were identified, they lawyered up. They spoke only through their attorneys and they never were even accused of any crime/ They went about their own ways, they were students and they graduated in time from the school, and though two of them are being sued in civil court by the parents of the missing girl, no criminal charges. I wonder if JM had put down a hefty retainer, if the same might have happened. Though he spoke to an attorney, who is now supposed to be representing him, no statement was given out after the police station incident.

 

[ksj3]

He's almost certain to have spoken to his attorney who is almost certain to have told him not to tell LE anything.

Showing my lack of CSI watching...what is a defense attorney's responsibility regarding information obtained, particularly when a person is missing and not yet presumed dead? If he told his lawyer anything useful to the investigation - whether an admission or a location - can the defense attorney keep that private or is he under some obligation to report it? Am I just way too naive to hope so? I know way early someone posted the confidentiality rules regarding the attorney-client privilege, and I read it, but I don't recall it addressing this.

 

[Emaa]

I'm pretty sure he would have met with his lawyer since arriving back in C-ville.

I personally doubt that JM has given any information whatsoever as to HG's whereabouts- even after having spoken to his att'y. The more concentrated search efforts are, my guess, due to more tips and more information they have gotten on JM. I think they are trying to put pieces together the more they learn. I don't think JM will give up anything. For a long time at least. And I think it would involve some sort of plea bargain. Ugh. Just MO.

Right now he charged with abduction; if he gives them information on her whereabouts (and I do believe she is dead), then that jacks the charges up to murder. Of course that's not to say he could inadvertently provide them with information. So I suspect his attorney has told him to talk to no one at all.

 

[Steleheart]

Does anyone know what the status of the current search is? Wondering where they are searching today, and if we will hear from LE again soon...perhaps another presser on Monday?

Also, when is JMs court date? Oct 3?

The search team of 20 men searches daily. No breaking news from them today.:fence:

Links for the above;

http://www.websleuths.com/forums/sh...nks-**NO-DISCUSSION**&p=11023973#post11023973

http://www.theguardian.com/world/20...versity-virginia-missing-search-teams-suspect

 

[MJPeony]

Right now he charged with abduction; if he gives them information on her whereabouts (and I do believe she is dead), then that jacks the charges up to murder. Of course that's not to say he could inadvertently provide them with information. So I suspect his attorney has told him to talk to no one at all.

So would he have told his att'y that she's dead do you think? I just can't imagine his att'y thinking she could be alive and having the conscious to not try to get that information out of him- client or no client. I would think it's the same principle as psychiatrists where confidentiality is there unless there is a life on the line (?) What do I know, I actually can only speculate as a non-lawyer. Just seems horrible that anyone would keep that info from LE.

So my assumption would be that he's admitted she's no longer alive to his lawyer. But who knows.

 

[teeandcee]

RSO's in the vicinity of a crime or disappearance can be linked.

Thanks, Bessie. I believe the RSO referred to is Eric Howell, who lives/lived in the vicinity of Anchorage Farm.

http://www.homefacts.com/offender-detail/VA20223/Eric-Micheal-Howell.html

 

[otto]

So would he have told his att'y that she's dead do you think? I just can't imagine his att'y thinking she could be alive and having the conscious to not try to get that information out of him- client or no client. I would think it's the same principle as psychiatrists where confidentiality is there unless there is a life on the line (?) What do I know, I actually can only speculate as a non-lawyer. Just seems horrible that anyone would keep that info from LE.

So my assumption would be that he's admitted she's no longer alive to his lawyer. But who knows.

I think it's more likely that he told his lawyer that they parted ways after they left Tempo.

 

[otto]

I'm pretty sure he would have met with his lawyer since arriving back in C-ville.

I personally doubt that JM has given any information whatsoever as to HG's whereabouts- even after having spoken to his att'y. The more concentrated search efforts are, my guess, due to more tips and more information they have gotten on JM. I think they are trying to put pieces together the more they learn. I don't think JM will give up anything. For a long time at least. And I think it would involve some sort of plea bargain. Ugh. Just MO.

Wouldn't investigators be using infrared cameras on helicopters at this time ... and when they spot something that looks like a possible body, they notify the ground SAR crews.

 

[Gully]

So would he have told his att'y that she's dead do you think? I just can't imagine his att'y thinking she could be alive and having the conscious to not try to get that information out of him- client or no client. I would think it's the same principle as psychiatrists where confidentiality is there unless there is a life on the line (?) What do I know, I actually can only speculate as a non-lawyer. Just seems horrible that anyone would keep that info from LE.

So my assumption would be that he's admitted she's no longer alive to his lawyer. But who knows.

According to the American Bar Association...."The ABA's Model Rules of Professional Conduct are a good place to start. Rule 1.6(b) gives attorneys permission to breach confidentiality when necessary to:

Prevent reasonably certain death or substantial bodily harm;
Prevent the client from committing certain types of crimes;
Prevent, mitigate or rectify substantial injury caused by a client's crime when the client used the lawyer's services to further that crime;
Secure legal advice about compliance with ethics rules;
Establish a claim or defense on behalf of the lawyer;
Comply with other law or court order." http://blogs.findlaw.com/strategist/2012/05/when-are-you-required-to-breach-confidentiality.html

 

[Concerned Mama]

According to the American Bar Association...."The ABA's Model Rules of Professional Conduct are a good place to start. Rule 1.6(b) gives attorneys permission to breach confidentiality when necessary to:

Prevent reasonably certain death or substantial bodily harm;
Prevent the client from committing certain types of crimes;
Prevent, mitigate or rectify substantial injury caused by a client's crime when the client used the lawyer's services to further that crime;
Secure legal advice about compliance with ethics rules;
Establish a claim or defense on behalf of the lawyer;
Comply with other law or court order." http://blogs.findlaw.com/strategist/2012/05/when-are-you-required-to-breach-confidentiality.html

If I'm interpreting your post correctly, then looks like lawyer would be under no obligation to reveal anything if client told him the whereabouts of a dead body. Did I read that correctly?

 

[ksj3]

According to the American Bar Association...."The ABA's Model Rules of Professional Conduct are a good place to start. Rule 1.6(b) gives attorneys permission to breach confidentiality when necessary to:

Prevent reasonably certain death or substantial bodily harm;
Prevent the client from committing certain types of crimes;
Prevent, mitigate or rectify substantial injury caused by a client's crime when the client used the lawyer's services to further that crime;
Secure legal advice about compliance with ethics rules;
Establish a claim or defense on behalf of the lawyer;
Comply with other law or court order." http://blogs.findlaw.com/strategist/2012/05/when-are-you-required-to-breach-confidentiality.html

So, he's either not talking to his attorney, told his attorney they parted ways (and the attorney relayed that information to LE so they can be looking for someone/something else), or told his attorney she's dead. If the latter, would that be, then, an admission of guilt the attorney has to provide to LE and we'd see new charges?

When does LE get to question him? Can he simply refuse to answer questions by LE, even with an attorney present? Or is that obstructing justice/hindering an investigation?

 

[jamicat]

I think it's more likely that he told his lawyer that they parted ways after they left Tempo.

Well, that's the truth. They certainly did part ways after they left Tempo. But when and after doing what and where? If he tells his attorney that he just walked her out of the mall and then she went one direction and he went to his car and went home, if that's a like, it's likely to have very short legs if signs that Hannah was in his car are found. If he tells LE that he took her few blocks and left her off in Charlottesville near where she texted she was, and she's found miles away in some field with soil that matches his car and his DNA all in her, that's another problem in that he's lying to his lawyer. Not the first to do so, I'm sure. How much do these perps tell their attorneys anyways? Do the lawyers have to change the statements as each development arises?

 

[jamicat]

If I'm interpreting your post correctly, then looks like lawyer would be under no obligation to reveal anything if client told him the whereabouts of a dead body. Did I read that correctly?

But then the attorney would have to put in a guilty plea? Is an attorney permitted to put in a plea of innocense if the client admits to killing the victim, but there is not much or any proof of it?

 

[jamicat]

So, he's either not talking to his attorney, told his attorney they parted ways (and the attorney relayed that information to LE so they can be looking for someone/something else), or told his attorney she's dead. If the latter, would that be, then, an admission of guilt the attorney has to provide to LE and we'd see new charges?

When does LE get to question him? Can he simply refuse to answer questions by LE, even with an attorney present? Or is that obstructing justice/hindering an investigation?

I think a suspect can refuse to answer any questions. The attorney will likely tell him what to answer and what not to answer. It is possible that he refuses to say anything and the DA will have to come up with a case that stands up under reasonable doubt. If there are other plausible scenarios that cannot be disproved, the jurors and judge will under the law have to find him not guilty.

 

[erica115]

Er, I am looking for the "Hannah Graham Search and Rescue" Thread. How do I get to the basement? (Seriously, I've looked several times and not seen it....)

UPDATE: Never mind--I see it is "Hannah Graham SAR." Oh, acronyms, you get me every time.

 

[loveisthemovement]

How much do these perps tell their attorneys anyways? Do the lawyers have to change the statements as each development arises?

RSBM. Maybe I watch too many criminal law shows to know how it all really goes. Do perps tell their lawyers everything and then together they figure out how to get him/her off? Or does a supect play games even with his lawyers? If a lawyer knows the truth, they are bound by client-privilege confidentiality, right?

 

[birdbox]

“The person was hesitant, said he had no identification,” Perez wrote in his report. “Eventually he stated George Carr, (date of birth) 12/14/1984.”
Hannah was not in his car
http://www.galvestondailynews.com/free/article_2c93728c-44ad-11e4-aca6-0017a43b2370.html
more recent
http://www.galvestondailynews.com/free/article_1eb5d1e8-45af-11e4-941f-0017a43b2370.html

Hmmm...Why George Carr. I see from Google there is an African American baseball player who was born in 1894. Weird. maybe they should search near a baseball field...but probably just a field. Ok, that was out there...