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Butting in...
Isn't Arizona one of the states that differentiates between confinement for punishment vs. treatment when determining credit for time served? I'd have thought "no".
hi az... so now that she's been found incompetent, and maybe/maybe not restorable (we'll know in august), what happens? the below article says they will have to DROP charges against her if found not restorable?? so she will be free to go? spend some time in a hospital, maybe recover, and walk as a free person because she was incompetent when she maybe killed someone??? shocking...
if this is the way it works, wouldn't all murderers act insane, plead insanity and skip trial, get freed, spend some time in a hospital, and then start over and then maybe kill someone again cuz... they can get away with it? after all, they did it cuz they were 'incompetent' right? i actually hope she really went mad after she did this to her son, that would be justice in a way. but if she was faking it... or recovers right after the charges are dropped... then does that mean she is above the law??
Superior Court spokesman Vincent Funari said there will be another hearing August 12 to decide the length and conditions of the rehabilitative process, which could take up to nine months.
If after that time, doctors are unable to restore her to competency, a judge must drop charges against her and commit her to state hospital.
http://www.azcentral.com/news/articles/2010/06/03/20100603tempe-baby-garbriel-mother.html
AZ Lawyer....Now that EJ has been found incompetent to stand trial, why hasn't TPS been charged with taking advantage of a vulnarable adult and abuse. She obviously facilitated this whole thing and admitted in the phone conversation that she told EJ to go to a shelter. Also, how is EJ considered incompetent when she admitted that everything TPS told her to do was illegal.
Why are the courts not concerned with where Gabriel is? It seens all they are worried about is making sure TPS and EJ have due processs, but are not recognizing the rights of G?
Hi AZ! Thank you for your above post..the button is clearly not enough! You're the best and I am so thankful to have your input here!
I am wondering, could SAPD wait to file charges until they see the outcome in AZ, if they were to file any charges against EJ?
I am wondering if they had an idea the competency would come into question in AZ, so they would want to wait and see if/when EJ is restored before filing charges? If she were charged in SA, then would an incompetent and non-restorable in AZ mean their charges would have to be dropped too?
If All charges were dropped against Elizabeth, would she be free to roam the streets or would she be in a mental hospital?
Superior Court spokesman Vincent Funari said there will be another hearing August 12 to decide the length and conditions of the rehabilitative process, which could take up to nine months. If after that time, doctors are unable to restore her to competency, a judge must drop charges against her and commit her to state hospital.
This is from Angel Who Cares in another thread. HTH.
http://www.azcentral.com/news/articles/2010/06/03/20100603tempe-baby-garbriel-mother.html
I have to ask this question AZLawyer. What happens if EJ confesses to murdering Gabriel while in Psych custody. I wonder if she thinks she is covered by HIPPA?
AZ..Say SAPD has no new information regarding GB's case....and this is kinda sitting around as "Cold"...could they change the homicide case to "Inactive"...thus allowing the FBI to re-open a missing persons case? Then if circumstances change, and God forbid the worst, they could then re-open the case as a homicide ? Hope I haven't confused you! Thx's....
Hi AZ. We're trying to figure out for sure if Tammi and Elizabeth will be tried together or separately for the Conspiracy to Commit Custodial Interference charge. Can you help us determine it?
Thanks!
:blowkiss:
hi az... given these women's track records, will they actually show up or will trial be postponed AGAIN? can they keep postponing trial indefinitely? how many more times can they pull this off? thanks.
The trial date was postponed multiple times? I didn't even know a date had been set. It seems early for anyone to have expected this case to be ready for trial.
thanks and apologies az! i get all my legal terms mixed up... i meant the scheduled court appearances. if there's no upcoming trial dates in sight, when will the truth ever come out for gabriel? read tammi likely to make a plea bargain, does that mean she will exchange valuable info at the sept hearing? or is sept still too close? what's a realistic timeline for tps and ej to be put on trial, and for them to speak what they know in your opinion? thanks az as always.
...SNIP.... If a judge rules that Johnson again is incompetent to stand trial, other options could be considered, such as dismissing the case or institutionalizing her, Feldman said.
http://www.eastvalleytribune.com/local/article_0d4f8464-a66a-11df-bbb7-001cc4c03286.html
is this really possible? how disturbing that this is even a possibility.
Yes, it is possible. Hopefully it will turn out that she's "all better now" and we can move forward...
Thanks AZ... IF worst case scenario case gets dismissed, does she get institutionalized? OR does she simply walk away free from everything, as if Baby Gabriel never even existed? (Shocking if our system even allows for the latter to be a possibility but I wouldn't be surprised by anything at this point.)
If she gets institionalized, and say gets better in a few months (maybe stops acting), then does she walk free again? or can the family/state sue her again at that point?