Found Deceased KY - Gabriella Doolin, 7, Allen Co., 14 Nov 2015 #2 *Pled Not Guilty, rec'd Life Sentence*

[ptandj]

Does anyone know why Madden and attorney would go forward with the preliminary hearing? I Googled what those hearings are for and came up with this:

Once the defendant has entered a plea of not guilty, a preliminary hearing will often be held. The prosecutor must show that enough evidence exists to charge the defendant. Preliminary hearings are not always required, and the defendant can choose to waive it.

[snipped for length]

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. However, the defense cannot object to using certain evidence, and in fact, evidence is allowed to be presented at a preliminary hearing that could not be shown to a jury at trial.

[snipped for length]

Source: http://www.justice.gov/usao/justice-101/preliminary-hearing

Do they really think the evidence against him will be insufficient to go to trial? Or is there some strategy to this?

I am partially interested to hear what comes out at that hearing and partially afraid of how horrifying it will likely be.

 

[strawberry]

Does anyone know why Madden and attorney would go forward with the preliminary hearing? I Googled what those hearings are for and came up with this:



Source: http://www.justice.gov/usao/justice-101/preliminary-hearing

Do they really think the evidence against him will be insufficient to go to trial? Or is there some strategy to this?

I am partially interested to hear what comes out at that hearing and partially afraid of how horrifying it will likely be.

IKR? I'm thinking because the judge said if they don't do that it goes straight to the grand jury. The perp probably is insisting on it, too seeing how he is proclaiming his innocence. Probably thinks he can get out of this.

 

[ninij9]

https://www.youtube.com/watch?v=skF5vRCyU7c&feature=youtu.be&a

Thank you Strawberry. Wow, that was very difficult to watch. My heart is breaking for Mom. I was surprised to see a lot of family show up for TM. When I heard the judges voice breaking it made me cry. Judges see alot, and this was almost too much for her. This will be an awful trial. I hope he winds up pleading guilty and spares both his victims as well as his own families the agony.

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[ninij9]

Does anyone know why Madden and attorney would go forward with the preliminary hearing? I Googled what those hearings are for and came up with this:



Source: http://www.justice.gov/usao/justice-101/preliminary-hearing

Do they really think the evidence against him will be insufficient to go to trial? Or is there some strategy to this?

I am partially interested to hear what comes out at that hearing and partially afraid of how horrifying it will likely be.

Maybe he will be advised to take a plea after the preliminary hearing.

Sent from my XT1254 using Tapatalk

 

[blefuscu]

Just watched it on YouTube. That poor poor family. The mother is overcome with grief, and the big guy in the blue shirt (the dad?) just looks like he is in complete shock. Who was the girl in the light blue sweatshirt in the Madden family? The camera kept looking at her.

I can't remember the last time I heard a judge be so emotional, but it's completely understandable, having to read the details out of the charges. Gabbi was just a baby, a 7 year old who had been brutally violated and killed. Bless that judge. She shows that the judiciary do have feelings and compassion.

 

[roselle]

Ugh it really was. I heard the judge cracking early on but missed the beginning and the end; she could barely keep it together at the end. Most of these people probably know each other.

Judge Martha Harrison is absolutely lovely. She will be fair, but it will be hard on her.

 

[BrownRice]

I had tears within 10 seconds of looking at Amy. When she started breaking down, it was very difficult to watch. I wanted someone to just grab her and hug her.

I'm surprised the room wasn't packed. Was that his mom in the bright pink shirt? She seemed like someone that was receiving extra comfort, so I assume that must be a close relative.

 

[Dogface]

I really felt awful watching that, I wish the camera man would have given the family some privacy. They deserve to grieve without being on camera. Bless them. I truly hope the pursuit of justice can give them some degree of comfort. I don't know how any attorney could sit by a man who did these things, without becoming physically ill. Not trying to villianize the defense attorney, I know there is a reason for them and glad that we have people to uphold our legal system, but just looking at TM makes me feel sick to my stomach.

 

[Nana46]

Some were asking why the preliminary hearing....I read somewhere today that it gives the defense an insight as to the evidence there is against this 'person.' So I assume it is an advantage for the defense....good luck with that I say in a sarcastic tone. I am sorry but it just seems they have an open and shut case against this 'person.'

 

[Cricket99]

Tough watching. How Gabriella's mum didn't break down in sobs I have no idea.

And I take it the row of people behind were Madden's family? Wife in the blue top?

I heard her sobbing.

 

[MsMarple]

Does anyone know why Madden and attorney would go forward with the preliminary hearing? I Googled what those hearings are for and came up with this:



Source: http://www.justice.gov/usao/justice-101/preliminary-hearing

Do they really think the evidence against him will be insufficient to go to trial? Or is there some strategy to this?

I am partially interested to hear what comes out at that hearing and partially afraid of how horrifying it will likely be.

IKR? I'm thinking because the judge said if they don't do that it goes straight to the grand jury. The perp probably is insisting on it, too seeing how he is proclaiming his innocence. Probably thinks he can get out of this.

Some were asking why the preliminary hearing....I read somewhere today that it gives the defense an insight as to the evidence there is against this 'person.' So I assume it is an advantage for the defense....good luck with that I say in a sarcastic tone. I am sorry but it just seems they have an open and shut case against this 'person.'

I think all three are good points. Here's what I found regarding Kentucky:

Preliminary Hearing

A preliminary hearing sometimes is held within 10 days of the arrest for felony suspects who are in jail and within 20 days for those who aren't. At this hearing, the commonwealth attorney presents enough evidence to try to convince the district judge that there's probable cause to believe the suspect committed the crime charged. If the judge agrees, the case is referred to the grand jury. If he doesn't, the case is dismissed.

Preliminary Hearing Options

In Kentucky, suspects can waive the right to a preliminary hearing, and the case goes directly to the grand jury. Prosecutors also can take cases directly to grand juries, a method often used in long-running investigations. At the grand jury proceeding, the prosecution outlines its case, police officers testify, and the grand jurors decide if there's enough reason for an indictment. If there is an indictment, the case then goes to circuit court where the accused is arraigned again.

http://research.lawyers.com/kentucky/criminal-process-in-kentucky.html

It appears that Kentucky requires a Grand Jury to indict on the charges either way. There really doesn't seem to be any downside for the defense opting for a preliminary hearing in a case like this.

I'm expecting to see a series of motions filed anyway so it's going to be a while before Madden's trial begins.

 

[Dee10]

Some were asking why the preliminary hearing....I read somewhere today that it gives the defense an insight as to the evidence there is against this 'person.' So I assume it is an advantage for the defense....good luck with that I say in a sarcastic tone. I am sorry but it just seems they have an open and shut case against this 'person.'

After learning more about a Prelim. Hearings, it is not necessarily a bad thing (I always look for the positive), gives the Defense to try & talk the defendant into a guilty or a plea deal. A plea deal can save the state money, by telling the 'alleged' idiot the jig is up, but it also gives the DA the option of discussing it with the family. Some families in some of the cases I follow, DO NOT want to be dragged through the ordeal of a trial & hearing the details & some NEED to follow the process whatever that entails for justice. I believe in this case, the DA will most certainly go with the families wishes. I never judge either way.

After seeing TM called the press to the jail & gave an interview so soon, reminded me of Jodi Arias & we all know the changing of stories etc. on that case. The Alexander family wanted/demanded justice and were in court every step of the way for years and out of their home area if you can imagine. If this family waives the DP for LIP so as not to go through years of trials, I 'certainly' wouldn't blame them at all.

 

[momof2wats]

I am in absolute aww of Gabbi's parents. I do not know how/where they found the self restraint to not jump over that wall and choke the life out of him the same way he did to Gabbi. Just seeing him makes me want to puke. As a I parent I truly do not know if I could bring myself to come to such a trial every single day and have to hear/view all the evidence. So sad.......

 

[ptandj]

After learning more about a Prelim. Hearings, it is not necessarily a bad thing (I always look for the positive), gives the Defense to try & talk the defendant into a guilty or a plea deal. A plea deal can save the state money, by telling the 'alleged' idiot the jig is up, but it also gives the DA the option of discussing it with the family. Some families in some of the cases I follow, DO NOT want to be dragged through the ordeal of a trial & hearing the details & some NEED to follow the process whatever that entails for justice. I believe in this case, the DA will most certainly go with the families wishes. I never judge either way.

After seeing TM called the press to the jail & gave an interview so soon, reminded me of Jodi Arias & we all know the changing of stories etc. on that case. The Alexander family wanted/demanded justice and were in court every step of the way for years and out of their home area if you can imagine. If this family waives the DP for LIP so as not to go through years of trials, I 'certainly' wouldn't blame them at all.

That makes a lot of sense, thanks for explaining further!

It seems like it could potentially impact the jury pool, given that things can be discussed at the hearing that would not be admissible in a "regular" trial.

 

[daisymae]

I appreciate all the posts in this forum, so thank you. My heart was absolutely broken watching Amy Doolin and the judge, and of course all the Doolin family.

The cameraman needs a few more training hours, IMO, as he/she was zooming in and out too fast and all the other things were making me a bit dizzy.

Blessings to the Doolin family.

 

[NewMama]

It is my understanding that the investigation is still classified as ongoing. If that's correct can anyone offer any insight as to why? I've followed many cases on here but I am determined to follow this one until the very end. So I'm learning as I go. Thanks to everyone who is providing links to the coverage (and for having patience with a newbie.)

 

[MotherOcean]

I can't bring myself to watching the hearing. I feel sick just thinking about it. Thank you to those who have shared info. and impressions today.

 

[helpfulcharlie]

It is my understanding that the investigation is still classified as ongoing. If that's correct can anyone offer any insight as to why? I've followed many cases on here but I am determined to follow this one the very end. So I'm learning as I go. Thanks to everyone who is providing links to the coverage (and for having patience with a newbie.)

Hopefully they're currently running his DNA through every crime database in existence over the last 25 years.

 

[Madeleine74]

It is my understanding that the investigation is still classified as ongoing. If that's correct can anyone offer any insight as to why? I've followed many cases on here but I am determined to follow this one until the very end. So I'm learning as I go. Thanks to everyone who is providing links to the coverage (and for having patience with a newbie.)

Well, it takes time to get all the possible evidence. Think about computer hard drives as one possible type of evidence. For instance, if there is child *advertiser censored* found that's evidence and he could be charged with that felony as well. Forensic folks have to extract the computer data and then go through it. Ditto cell phones, cell tower pings, paperwork they may have taken from his home, they have to wait for various companies to respond to subpoenas for info...it all takes time.

There could be many DNA samples that have to be tested. Those also take time. They did one test -- enough for a probable cause arrest, but to take the case to trial, they want to have all the evidence they can.

This is really standard stuff as far as cases go.

 

[NewMama]

Well, it takes time to get all the possible evidence. Think about computer hard drives as one possible type of evidence. For instance, if there is child *advertiser censored* found that's evidence and he could be charged with that felony as well. Forensic folks have to extract the computer data and then go through it. Ditto cell phones, cell tower pings, paperwork they may have taken from his home, they have to wait for various companies to respond to subpoenas for info...it all takes time.

There could be many DNA samples that have to be tested. Those also take time. They did one test -- enough for a probable cause arrest, but to take the case to trial, they want to have all the evidence they can.

This is really standard stuff as far as cases go.

Thank you for that explanation - a follow-up question if I may.
So then evidence found after charges have been brought (the original ones mentioned today) can be admissible for those charges and additional charges can be added?

My thoughts are also with those investigating this case.