Charliegizmo49
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IANL but my understanding is that if she plead guilty to the obstruction charge there would have been no trial she would have been sentenced for that charge.
If she would have plead not guilty then she would have remained in jail waiting a trial for that charge and additional charges could have been added when evidence was gathered, but they didn't want to risk that.
Remember when she was originally arrested on two charges, one for the baby and one for Lucas? The one for Lucas was tabled, she was never charged on that one. They had her in jail on the charge for the baby so they were trying to find Lucas and hopefully be able to charge her for the first arrest warrant, obstruction and possibly murder. They did not want to chance her being charged and sentenced on a lesser charge, pertaining to Lucas and not being able to charge her for for the big charge.
The understanding I had from the DA is that the two charges were so closely related(obstruction and whichever death related charge he would have chosen) that if EG was charged on obstruction, she could plead guilty pretty quick. It would have brought the issue to a fast conclusion.
It MIGHT have created an appearance if any further, related and more serious charges of double jeopardy. As in being tried for the same crime twice.
A smart defense attorney, in the event it occurred, could have appealed the more serious charge clear up to the US SUPREME COURT. I don’t know Kansas Statutes, or rules of court, but I think it may have been the wisest decision the DA could have made.
He avoided the issue altogether.
And we have to remember a couple very important things;
1. There were no autopsy findings at the time for Lucas, and;
2. No one could have anticipated EG committing suicide.