GUILTY IL - Willow Long, 7, Watson, 8 Sept 2013 - #5

[FrayedKnot]

She isn't a celebrity of any sort. She is a lifelong local resident and she is an incredibly loving and caring woman who was absolutely distraught over Willow's disappearance. The person who said it was just a tight-knit community was absolutely correct. The BF's mom went to school in Shelbyville, it was a Shelbyville paper and she was the only tangible link Shelbyville had with the case. That's all.

Thank you! I, too was scratching my head thinking "Should I know who she is?".

Makes sense, now! :seeya:

 

[Kamille]

My Country does not have the DP either.

And as such, likely has a higher conviction rate for first degree murder than states within the US who do have the death penalty. Death penalty trials are so much more complicated it seems. It appears that there are so many more defendant rights involved. Judges bend over backwards in fear of appeals because the stakes are so high. And appeals are automatic.

The defendant is entitled to a mitigation specialist as well as a death qualified attorney. They seem to get more than one attorney most of the time. The courts will pay higher fees for a private one if there is not a DP qualified public defender available to take the case. Jurors, who truly believe they would have no problem sentencing someone to death may waiver when it comes right down to it and may actually base their verdict more on emotion than on the actual facts of the case. They seem to have a more difficult time with the concept of reasonable doubt and feel the need to have no doubt whatsoever because a person's life is at stake.

I am also in Canada, and while I'm not necessarily opposed to the death penalty, I do believe that it complicates what should be an otherwise open and shut case in some instances. I would like to see life equal true natural life up here, but otherwise I'm okay with the fact that we do not have the death penalty if it means the possibility of more convictions based on facts and not more acquittals based on emotion.

MOO

 

[Bravo]

And as such, likely has a higher conviction rate for first degree murder than states within the US who do have the death penalty. Death penalty trials are so much more complicated it seems. It appears that there are so many more defendant rights involved. Judges bend over backwards in fear of appeals because the stakes are so high. And appeals are automatic.

The defendant is entitled to a mitigation specialist as well as a death qualified attorney. They seem to get more than one attorney most of the time. The courts will pay higher fees for a private one if there is not a DP qualified public defender available to take the case. Jurors, who truly believe they would have no problem sentencing someone to death may waiver when it comes right down to it and may actually base their verdict more on emotion than on the actual facts of the case. They seem to have a more difficult time with the concept of reasonable doubt and feel the need to have no doubt whatsoever because a person's life is at stake.

I am also in Canada, and while I'm not necessarily opposed to the death penalty, I do believe that it complicates what should be an otherwise open and shut case in some instances. I would like to see life equal true natural life up here, but otherwise I'm okay with the fact that we do not have the death penalty if it means the possibility of more convictions based on facts and not more acquittals based on emotion.

MOO

Agree. Excellent post :seeya:

 

[seattlechiquita]

Agree. Excellent post :seeya:

Excellent post indeed!

 

[white rabbit]

Seems a pattern with Defense Atty's over time. Blame the Police. Blame the forensic lab. Blame some other dude. Blame childhood. Blame the Auntie who once dropped them on their head. Current theme seems to be lets throw in the Victim and blame them too.

bravo, Bravo. well said. i'd like to edit, a pattern with those involved over time...blame anyone but the actual perpetrator and those with whom he/she is involved.

 

[Bravo]

bravo, Bravo. well said. i'd like to edit, a pattern with those involved over time...blame anyone but the actual perpetrator and those with whom he/she is involved.

Well said. So true :seeya:

 

[white rabbit]

"His next court hearing is set for October 22."

http://www.mywabashvalley.com/story/trial-date-set-for-justin-deryke/d/story/6k5jxjZf00iDgEWBPe4cWg

???

 

[MsTedious]

"His next court hearing is set for October 22."

http://www.mywabashvalley.com/story/trial-date-set-for-justin-deryke/d/story/6k5jxjZf00iDgEWBPe4cWg

???

This is JD's pretrial hearing. Someone else can hopefully explain what that is because I'm too lazy to google on my phone.

 

[RhondaIL]

This is JD's pretrial hearing. Someone else can hopefully explain what that is because I'm too lazy to google on my phone.

http://www.thexradio.com/news/78-local-news/7660-deryke-pleads-not-guilty-to-willow-s-murder

A pre-trial hearing on any pending matters in the case was set for 11am on October 22.

 

[CatFancier]

My understanding of this phase of court proceedings is that a "not guilty" allows for the next stage where a grand jury can be convened. Also, at the December date, witnesses may be allowed.

I would think his parents want to testify as to his character, etc. But the grand jury is key because they only see the state's side, no defense, no suspect, just the police report, DNA evidence, etc.

So, as much as waiting a few months will be hard on the family, it does work in favor of him being put away longer because there should be plenty of evidence at that time.

 

[Apollo]

My understanding of this phase of court proceedings is that a "not guilty" allows for the next stage where a grand jury can be convened. Also, at the December date, witnesses may be allowed.

I would think his parents want to testify as to his character, etc. But the grand jury is key because they only see the state's side, no defense, no suspect, just the police report, DNA evidence, etc.

So, as much as waiting a few months will be hard on the family, it does work in favor of him being put away longer because there should be plenty of evidence at that time.

I thought the Grand Jury met on Wednesday and decided there was enough evidence to take him to trial. What am I missing here?

ETA: http://www.thexradio.com/news/78-lo...deryke-on-three-counts-of-first-degree-murder

 

[Karmady]

I thought the Grand Jury met on Wednesday and decided there was enough evidence to take him to trial. What am I missing here?

Nothing. The plea was entered because he's charged with murder one and admits only a lesser offense. The plea would also be entered probably even if he agreed privately that he committed murder one because our system requires that the State prove it, so there's always a chance you'll get away with it. Character is out the window as one might expect with any criminal who's able to kill a child in the first place. People find alternative systems of justice abhorrent, so here we are. jmo

 

[concernedmother]

Is this gonna be another CA trial where all the family members are on the defense side? I hate these crimes but even more so when it is a family member and the family are supporting the perp and the poor victim has no one but the prosecution to fight for them.

 

[Apollo]

Nothing. The plea was entered because he's charged with murder one and admits only a lesser offense. The plea would also be entered probably even if he agreed privately that he committed murder one because our system requires that the State prove it, so there's always a chance you'll get away with it. Character is out the window as one might expect with any criminal who's able to kill a child in the first place. People find alternative systems of justice abhorrent, so here we are. jmo

So the Grand Jury will meet again and decide which offense he should be charged with?

 

[Apollo]

Is this gonna be another CA trial where all the family members are on the defense side? I hate these crimes but even more so when it is a family member and the family are supporting the perp and the poor victim has no one but the prosecution to fight for them.

I guess we'll have to wait and see. Grandpa told the story about the stick when he gave his interview but then he added "But then he did the wrong thing and he's going to have to pay for that" (or words to that effect.) In one of Grandma's interviews (I think the first one), she said "I want everyone to know we're not supporting our son". But you never know what people will do when the actual trial rolls around.

 

[Flutterflies]

Is this gonna be another CA trial where all the family members are on the defense side? I hate these crimes but even more so when it is a family member and the family are supporting the perp and the poor victim has no one but the prosecution to fight for them.

Just curious, you may have read something that I missed …

Do you think Willow's mother is going to stand by her brother or stand on the prosecution's side for justice for Willow, her daughter?

 

[liltexans]

I guess we'll have to wait and see. Grandpa told the story about the stick when he gave his interview but then he added "But then he did the wrong thing and he's going to have to pay for that" (or words to that effect.) In one of Grandma's interviews (I think the first one), she said "I want everyone to know we're not supporting our son". But you never know what people will do when the actual trial rolls around.

Grandpa also said he knew his son was planning to plead guilty and none of us are shocked to see a not guilty plea entered. sigh

 

[Karmady]

So the Grand Jury will meet again and decide which offense he should be charged with?

No. He's indicted and charged already. He has a trial date. It's done. The only thing that might change is additional charges if the dna hasn't come back yet (I don't know since I haven't been following very closely) or some kind of plea. Otherwise, he's going to trial on the charges laid.

 

[Apollo]

Grandpa also said he knew his son was planning to plead guilty and none of us are shocked to see a not guilty plea entered. sigh

Maybe he was planning to plead guilty until he got an attorney----who probably told him "Nah---that's not the way we do things" LOL

 

[Apollo]

No. He's indicted and charged already. He has a trial date. It's done. The only thing that might change is additional charges if the dna hasn't come back yet (I don't know since I haven't been following very closely) or some kind of plea. Otherwise, he's going to trial on the charges laid.

Thanks for clearing that up!!