GUILTY IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*

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AgeofAquaruis said:
Starke County is where She was found He said he woke up at his gf's house and she was dead. That's why I ask how she didn't know. With blunt force trauma, I'm sure that that made some horrific noise that one could not sleep through. MOO
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What's odd about this GF is they have not mentioned talking to her (unless I missed it). We don't even know for sure if he really did go to her house, or if she even let him in. Or, maybe they are keeping her under wraps as a potential witness?
 
For Tiffany Coburn and Kenneth Lain-(means they will get more time when convicted of the Level 6 Felony Neglect of a dependent charge by being a habitual offender)

09/01/2021
Notice Filed
State files Notice of Intent to File Habitual
Filed By:
State of Indiana
File Stamp:
09/01/2021
 
twall said:
Watch this! :(

Family of baby found dead says Child Services had chance to stop her death - WISH-TV | Indianapolis News | Indiana Weather | Indiana Traffic (wishtv.com)
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"I-Team 8 has reached out to Child Services multiple times. They have repeatedly said they cannot comment on Mercedes’ case, citing “confidentiality.”



I know they have regulations to follow , but would rather they say, 'we cannot comment on an ongoing investigation. We will release a full report and hold nothing back when investigation is complete.'

If investigations into cases like this aren't transparent then NO ONE can learn how to do better for other kids.

What were DCF investigators seeing when they visited?
What was being reported by loved ones?
What were the discrepancies between what the family members who called were concerned about and what DCF saw, and why was it not enough to take action?
What more can family members do? <----- this is the big one. If one sees a child living in filth with chronic addicts who seemingly make no progress with living environment, their addiction, people they associate with (other addicts), what should we do? I don't know if they documented with pictures, saved texts or emails, but how can we help DCF and what can we give them a they can do their jobs?
If there are staffing issues - overwhelmed, overworked, underpaid, not enough personnel .. that needs to be addressed. By them, by gov,'t , by us.. They need to have proper funding and resources.

I don't know what the answers are but all of the questions and concerns have to be talked about publicly and stop hiding behind confidentiality when the baby is dead.
 
JM's update on the murder charge:

09/01/2021 = Order Issued
setting this cause for Initial Hearing on September 3, 2021, at 11:00 a.m., CST.
Judicial Officer: Hall, Kim

09/01/2021 = Transport Order Entered
Judicial Officer: Hall, Kim

09/01/2021 = Order Denying
State's Motion to Issue a Warrant
Judicial Officer: Hall, Kim

09/03/2021 = Initial Hearing
Session: 09/03/2021 11:00 AM, Judicial Officer: Hall, Kim
 
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This article explains the special prosecutor issue; she wants Marshall County Prosecutor Nelson Chipman.
(snips)
Starke County Prosecutor Leslie Baker...requested a special prosecutor for the case because of her previous involvement with some of the witnesses, court documents show.
...
According to Indiana law, a murder case may be tried in the county in which the "cause of death is inflicted; death occurs; or the victim's body is found."

Baby lived in Plymouth, may have died in Mishawaka, buried near Knox
 
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FrostedGlass said:
This article explains the special prosecutor issue; she wants Marshall County Prosecutor Nelson Chipman.
(snips)
Starke County Prosecutor Leslie Baker...requested a special prosecutor for the case because of her previous involvement with some of the witnesses, court documents show.
...
According to Indiana law, a murder case may be tried in the county in which the "cause of death is inflicted; death occurs; or the victim's body is found."

Baby lived in Plymouth, may have died in Mishawaka, buried near Knox
Click to expand...
Poor Mercedes, even the quest for her justice is a confusing mess.
 
Friday, Sept. 3rd:
*Initial Hearing (@ 11am CT) – IN – Mercedes Christine Lynn Lain (11 mos.) (last seen Aug. 14, 2021, reported missing Aug. 15, 2021, Silver Alert on Aug. 16, 2021, found deceased on Aug. 18, 2021 in Starke County, Miller led LE to scene) - for *Justin Lee Miller (37) arrested (8/16/21), charged (8/19/21) & arraigned (8/24/21) with felony neglect of a dependent resulting in death. $100K bond. Plead not guilty.
Case info from 8/14/21 reference post #335 here:
Found Deceased - IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*
8/24/21 Update: Miller: During the initial arraignment hearing Tuesday morning for Miller, he entered a preliminary plea of not guilty & was appointed a public defender. Prosecutor Chipman says there is a “split of opinion” on which county Miller should face charges in. The question is, which location was Mercedes killed in? If she was killed in Mishawaka then that would be St. Joseph County. Defense motion to transfer from improper venue filed by Alexander Hoover. Hearing on this motion set on 9/9/21 @ 11am. Pretrial conference scheduled on 9/8/21 @ 9am & status conference hearing on 12/16/21 @ 9am.
8/30/21: Chadwell's charges: Starke County 8/30/21: Murder; Kosciusko County 8/26/21 current out Warrant: Auto Theft -Theft of entire automobile, Theft & Theft Defendant has a prior conviction for either theft or conversion; Marshall County 8/14/2021: Neglect of a Dependent Resulting in Death but resulting in death & defendant is at fault. Marshall County Prosecutor Nelson Chipman said Monday that officials are waiting for the “legal dust to settle” to work out how the case will be prosecuted since the alleged crime covers three separate counties.
9/1/21 Update: Setting this cause for Initial hearing on 9/3/21 @ 11am. Transport order entered. Order denying State's Motion to Issue a Warrant.
*Charged (8/30/21) with murder in Starke County.
8/30/21: Probable Cause Affidavit filed; Order Denying: Motion for Appointment of Special Prosecutor Pursuant to I.C. 33-39-10-2(b)(3).
*Warrant issued re Charged (8/26/21) with auto theft-theft of entire auto, & 2 counts of theft. Kosclusko County
*Tiffany Jo Coburn (32) “mom” & Kenneth Robert Lain (41) “father” both arrested (8/16/21), charged (8/19/21) & arraigned (8/20/21) with felony neglect of a dependent. Both plead not guilty. $15K bond each.
Case info from 8/14/21 reference post #335 here:
Found Deceased - IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*
8/20/21 Update: Lain & Coburn made an initial arraignment hearing on Friday. Both plead not guilty & assigned a public defender. Next pretrial hearing on 9/15/21 & status conference hearing on 11/18/21. 8/24/21: Lain: Pretrial release recommendation-not eligible. 8/25/21: Lain: Notice of intent to seek habitual offender status filed by State. 8/25/21: Coburn: Motion to release defendant to attend funeral services. Motion to allow Coburn & Lain to leave jail for a private funeral service for Mercedes on Friday, 8/27, the Marshall County Prosecutor’s Office reported. 9/1/21: State files Notice of Intent to file Habitual.
 
Niner said:
Friday, Sept. 3rd:
*Initial Hearing (@ 11am CT) – IN – Mercedes Christine Lynn Lain (11 mos.) (last seen Aug. 14, 2021, reported missing Aug. 15, 2021, Silver Alert on Aug. 16, 2021, found deceased on Aug. 18, 2021 in Starke County, Miller led LE to scene) - for *Justin Lee Miller (37) arrested (8/16/21), charged (8/19/21) & arraigned (8/24/21) with felony neglect of a dependent resulting in death. $100K bond. Plead not guilty.
Case info from 8/14/21 reference post #335 here:
Found Deceased - IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*
8/24/21 Update: Miller: During the initial arraignment hearing Tuesday morning for Miller, he entered a preliminary plea of not guilty & was appointed a public defender. Prosecutor Chipman says there is a “split of opinion” on which county Miller should face charges in. The question is, which location was Mercedes killed in? If she was killed in Mishawaka then that would be St. Joseph County. Defense motion to transfer from improper venue filed by Alexander Hoover. Hearing on this motion set on 9/9/21 @ 11am. Pretrial conference scheduled on 9/8/21 @ 9am & status conference hearing on 12/16/21 @ 9am.
8/30/21: Chadwell's charges: Starke County 8/30/21: Murder; Kosciusko County 8/26/21 current out Warrant: Auto Theft -Theft of entire automobile, Theft & Theft Defendant has a prior conviction for either theft or conversion; Marshall County 8/14/2021: Neglect of a Dependent Resulting in Death but resulting in death & defendant is at fault. Marshall County Prosecutor Nelson Chipman said Monday that officials are waiting for the “legal dust to settle” to work out how the case will be prosecuted since the alleged crime covers three separate counties.
9/1/21 Update: Setting this cause for Initial hearing on 9/3/21 @ 11am. Transport order entered. Order denying State's Motion to Issue a Warrant.
*Charged (8/30/21) with murder in Starke County.
8/30/21: Probable Cause Affidavit filed; Order Denying: Motion for Appointment of Special Prosecutor Pursuant to I.C. 33-39-10-2(b)(3).
*Warrant issued re Charged (8/26/21) with auto theft-theft of entire auto, & 2 counts of theft. Kosclusko County
*Tiffany Jo Coburn (32) “mom” & Kenneth Robert Lain (41) “father” both arrested (8/16/21), charged (8/19/21) & arraigned (8/20/21) with felony neglect of a dependent. Both plead not guilty. $15K bond each.
Case info from 8/14/21 reference post #335 here:
Found Deceased - IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*
8/20/21 Update: Lain & Coburn made an initial arraignment hearing on Friday. Both plead not guilty & assigned a public defender. Next pretrial hearing on 9/15/21 & status conference hearing on 11/18/21. 8/24/21: Lain: Pretrial release recommendation-not eligible. 8/25/21: Lain: Notice of intent to seek habitual offender status filed by State. 8/25/21: Coburn: Motion to release defendant to attend funeral services. Motion to allow Coburn & Lain to leave jail for a private funeral service for Mercedes on Friday, 8/27, the Marshall County Prosecutor’s Office reported. 9/1/21: State files Notice of Intent to file Habitual.
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There are 2 criminals with the initials JLM; the one with the auto theft charge is not the same as this one we are following. According to the info in Doxpop, our case was born in 1984 and the accused car thief was born in 1986.
 
FrostedGlass said:
There are 2 criminals with the initials JLM; the one with the auto theft charge is not the same as this one we are following. According to the info in Doxpop, our case was born in 1984 and the accused car thief was born in 1986.
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Oh - I thought it was him - thank you - I'll take that one off.... :)
 
The Stark Co hearing was live streamed. My initial impression of Judge Kim Hall is a positive one; he explained the process very well. JM will be appointed an attorney but the judge said he would have to see which one had the time and would be willing to take on this case. Competency was also a high priority. JM pleaded not guilty and that becomes formal after 20 days.

Prosecution asked for No Bond, quoting the statute regarding the proof is evident or the presumption is strong. The judge kept it at $500,000 cash. She also asked for a gag order but the judge was not ready to make a ruling on that.

The Omnibus date is Oct 20 and the judge set trial dates of Dec 6, Jan 17 and Feb 14, noting he had to block out a week for the trial and he wanted to be sure he had future options in case they weren't ready. JM verbally noted he wanted a fast and speedy trial.
 
Oops - I thought Miller's hearing was in the Marshall county charges - I now see it was in Starke County for the murder charges. Too late to change my post above.

Okay - confused on "when" the trial date is set - as the above post has 12/6, 1/17 & 2/14 - ??
 
Niner said:
Oops - I thought Miller's hearing was in the Marshall county charges - I now see it was in Starke County for the murder charges. Too late to change my post above.

Okay - confused on "when" the trial date is set - as the above post has 12/6, 1/17 & 2/14 - ??
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The Omnibus date is Oct 20 and the judge set trial dates of Dec 6, Jan 17 and Feb 14, noting he had to block out a week for the trial and he wanted to be sure he had future options in case they weren't ready. If the case isn't ready for trial by the Dec date, then they shoot for the Jan date or the Feb date.
 
FrostedGlass said:
The Omnibus date is Oct 20 and the judge set trial dates of Dec 6, Jan 17 and Feb 14, noting he had to block out a week for the trial and he wanted to be sure he had future options in case they weren't ready. If the case isn't ready for trial by the Dec date, then they shoot for the Jan date or the Feb date.
Click to expand...

Ah- gotcha! :D
 
This is for JM's murder charge
Court record on the hearing held on 9/03

09/07/2021 = Order on Initial Hearing
Initial Hearing held. The Court finds the Defendant indigent and appoints Attorney Alexander Hoover as pauper counsel. Not guilty plea entered on behalf of the Defendant. Omnibus Date: October 20, 2021. The Court sets the following: Jury Trial (Primary Setting): December 6, 2021, at 9:00 a.m. Jury Trial (Secondary Setting): January 17, 2022, at 9:00 a.m. Jury Trial (Third Setting): February 14, 2022, at 9:00 a.m. Exchange of Discovery is ordered. The State moves the Court to modify the bond to: no bond, but presents no further evidence other than that already contained in the Probable Cause Affidavit. The State's motion to modify bond is DENIED. Bond: remains as previously set in the amount of $500,000.00 cash, and no contact with the victim's parents. The State moves for the Court to issue a gag order. The Court does not rule on the gag order until after the Defendant's attorney has the opportunity to respond. The Court now directs the State to file a written motion for a gag order and the Court will set same for a hearing. The Defendant mentions a speedy trial. The Court informs the Defendant a request for speedy trial needs to be discussed with is attorney, and any request for speedy trial should be in writing. The Court now directs attorney Alexander Hoover to file a written motion for a speedy trial if that is the Defendant's request after consultation with counsel.
Judicial Officer: Hall, Kim
Order Signed: 09/03/2021

09/07/2021 = Hearing Journal Entry
Cause comes on for hearing to Reconsider the previously filed Revised Motion for Special Prosecutor. The State moves the Court to reconsider the previously filed Revised Motion for Special Prosecutor. The Court, being duly advised, DENIES the State's Motion to Reconsider the Revised Motion for Special Prosecutor, inasmuch as the motion fails to satisfy the requirements of Indiana Law.
Judicial Officer: Hall, Kim
Hearing Date: 09/03/2021

12/06/2021 = Jury Trial
Session: 12/06/2021 9:00 AM, Judicial Officer: Hall, Kim
01/17/2022 = Jury Trial
Session: 01/17/2022 9:00 AM, Judicial Officer: Hall, Kim
02/14/2022 = Jury Trial
Session: 02/14/2022 9:00 AM, Judicial Officer: Hall, Kim
 
This is the update for JM's F1 in Marshall Co

09/07/2021 = Motion to Dismiss Filed
State of Indiana, files Motion to Dismiss. State/Hoover (dsm)
Filed By: State of Indiana
File Stamp: 09/07/2021

09/07/2021 = Order Granting Motion to Dismiss
The Court, having duly examined the State's Motion to Dismiss, now finds that the Motion is just and proper and hereby grants said Motion. This Cause ordered dismissed, without prejudice. The hearing for 09-09-2021, at 10:00 a.m. is hereby vacated. ORDER entered. (rjo) State/Hoover (dsm)
Judicial Officer: Bowen, Robert O
Noticed: Chipman, Eugene Nelson
Noticed: Hoover, Alexander Lewis
Order Signed: 09/07/2021

09/07/2021 = Hearing Scheduling Activity
Pretrial Conference scheduled for 09/08/2021 at 9:00 AM was cancelled. Reason: Dismissal / Judgment.
09/07/2021 = Hearing Scheduling Activity
Hearing scheduled for 09/09/2021 at 10:00 AM was cancelled. Reason: Dismissal / Judgment.
09/07/2021 = Hearing Scheduling Activity
Status Conference scheduled for 12/16/2021 at 9:00 AM was cancelled. Reason: Dismissal / Judgment.

09/07/2021 = Judgment
Judicial Officer: Bowen, Robert O
Justin Miller
50D01-2108-F1-000003
01. 35-46-1-4(a)(1)/F1: Neglect of a Dependent Resulting in Death but resulting in death AND def. is at
• Dismissed Without Prejudice

09/07/2021 = Administrative Event
Copy of dismissal forwarded to MC Jail State/Hoover (dsm)
Noticed: Chipman, Eugene Nelson
Noticed: Hoover, Alexander Lewis
09/08/2021 CANCELED Pretrial Conference
Reason: Dismissal / Judgment
Session: 09/08/2021 9:00 AM, Cancelled
Comment: 1ST PTC

09/09/2021 = CANCELED Hearing
Reason: Dismissal / Judgment
Session: 09/09/2021 10:00 AM, Cancelled
Comment: TRANSFER VENUE

12/16/2021 = CANCELED Status Conference
Reason: Dismissal / Judgment
Session: 12/16/2021 9:00 AM, Cancelled
 
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