Legal Questions for our VERIFIED Lawyers - Q & A ONLY ***No Discussion***

[AZlawyer]

Why would there be issues with the children in terms of AW not being able to have them, then?

If there was a divorce case or child protective services involved, accusations of sexual abuse might be considered even if the evidence is much less than what a prosecutor would think was sufficient to charge someone with a crime.

 

[ohreally]

Hi AZ, JR's girlfriend has said that MS did not know that CWW hired JR to help him do the murders. This leads me to believe that it is possible that JR and MS never communicated about the murder. If this is true then wouldn't anything JR heard from CWW regarding MS's involvement be hearsay?
I ask this because I do believe that JR will talk for a reduced sentence, but I worry that he will not be able to testify in MS's trial about MS's involvement in the murders.

 

[AZlawyer]

Hi AZ, JR's girlfriend has said that MS did not know that CWW hired JR to help him do the murders. This leads me to believe that it is possible that JR and MS never communicated about the murder. If this is true then wouldn't anything JR heard from CWW regarding MS's involvement be hearsay?
I ask this because I do believe that JR will talk for a reduced sentence, but I worry that he will not be able to testify in MS's trial about MS's involvement in the murders.

The statements should be admissible. There are so many exclusions and exceptions to the hearsay rule that it's pretty rare to find inadmissible hearsay lol.

 

[mikeinmo]

I am not familiar with different states DCS but could the fact that CWW was a convicted drug felon be grounds for AW or anyone similar not to gain custody of children?

 

[AZlawyer]

I am not familiar with different states DCS but could the fact that CWW was a convicted drug felon be grounds for AW or anyone similar not to gain custody of children?

Sure, if there were a custody fight. It wouldn't be sufficient grounds for DCS to remove kids, though.

 

[Eileen730]

Ok I have a Question and I don't know if it was asked already but here goes.

Will it benefit CWW and JR to remain silent and deal with the charges they have now or....
If they rat out MS (if he hired or asked them to kill his wife which I'm still not so sure about) will their charges be worse?

I think then it would go to Murder One yes?

 

[AZlawyer]

Ok I have a Question and I don't know if it was asked already but here goes.

Will it benefit CWW and JR to remain silent and deal with the charges they have now or....
If they rat out MS (if he hired or asked them to kill his wife which I'm still not so sure about) will their charges be worse?

I think then it would go to Murder One yes?

They will be charged with 1st degree murder regardless. If they rat out MS they will be better off. At least, the FIRST one to rat him out will be better off...ever hear of the "prisoners' dilemma"? Google it.

 

[DaleTray]

They will be charged with 1st degree murder regardless. If they rat out MS they will be better off. At least, the FIRST one to rat him out will be better off...ever hear of the "prisoners' dilemma"? Google it.

"Prisoner's Dilemma" Great Read. T/Y. Would it be unethical/illegal for CWW's and JR's lawyers to talk with each other to discuss mutual strategy?

 

[msboo]

"Prisoner's Dilemma" Great Read. T/Y. Would it be unethical/illegal for CWW's and JR's lawyers to talk with each other to discuss mutual strategy?

"Prisoner's Dilemma"..... Interesting then makes me scratch my head.

 

[AZlawyer]

"Prisoner's Dilemma" Great Read. T/Y. Would it be unethical/illegal for CWW's and JR's lawyers to talk with each other to discuss mutual strategy?

The lawyers can discuss strategy, but of course backstabbing is still an option.

 

[Oregonmama]

"Prisoner's Dilemma" Great Read. T/Y. Would it be unethical/illegal for CWW's and JR's lawyers to talk with each other to discuss mutual strategy?

Since JR and CWW are in custody now, would they get a lesser sentence for the time they are currently in jail/fed prison?

 

[AZlawyer]

Since JR and CWW are in custody now, would they get a lesser sentence for the time they are currently in jail/fed prison?

CWW would get credit for time served against any eventual sentence for the murder. JR wouldn't, because he's not currently in custody in connection with the murder--he's in custody in connection with federal weapons charges IIRC.

 

[MsJosie]

Beach...not sure where to post this but it is an attorney question. I did not see a general question forum, so please move if need be. I left out the current case and state out, as I have read this happening in other cases.

Defendant has a court appointed attorney, actually more then one. Court date comes around, defendant 'fires' his team. Defendant is going to be his own attorney. Defendant, after a considerable amount of time, said he is 'ill (heart) and has only months to live', waves his right to a speedy trial, and wants court appointed attorney again. Then again he fires his team. Judge gives the defendant time to 'think' and weeks later, defendant said he is going to be his own attorney again (He did not die from any heart issue). Judge now has set a date of 2-3 weeks out to see if the defendant is 'ready to go to trial'.

How many times can a defendant 'hire' and 'fire' and be his own attorney? This has happened in a few cases and usually the Judge somehow stops the 'teeter totter' but can this go on for years?

Thanks

 

[KateB]

I am curious, considering JRR's anticipated release date is fast approaching, if JRR might be able to make the same maneuvers that CWW did, in fighting extradition.
CWW Timeline:
CWW was arrested 8/27/15 and would not waive extradition. On 9/9/2015, the Governor of Florida signed an extradition order. 6 days after that on 9/15/2015 a motions hearing was held. We knew CWW had until 9/25 to file a petition to continue his fight to avoid extradition which he did not file. So the 9/30/2015 extradition hearing was cancelled and on 10/15/2015, CWW was booked into Lee County Jail.

If JRR follows a similar timeline, and his release date on federal charges is 2/22/2016, it would put his booking date into Lee County Jail around 4/15/2016, if he does.
Is that a possibility? Thanks.

 

[AZlawyer]

Beach...not sure where to post this but it is an attorney question. I did not see a general question forum, so please move if need be. I left out the current case and state out, as I have read this happening in other cases.

Defendant has a court appointed attorney, actually more then one. Court date comes around, defendant 'fires' his team. Defendant is going to be his own attorney. Defendant, after a considerable amount of time, said he is 'ill (heart) and has only months to live', waves his right to a speedy trial, and wants court appointed attorney again. Then again he fires his team. Judge gives the defendant time to 'think' and weeks later, defendant said he is going to be his own attorney again (He did not die from any heart issue). Judge now has set a date of 2-3 weeks out to see if the defendant is 'ready to go to trial'.

How many times can a defendant 'hire' and 'fire' and be his own attorney? This has happened in a few cases and usually the Judge somehow stops the 'teeter totter' but can this go on for years?

Thanks

A reasonable number of times depending on all the circumstances. Which, of course, is no answer at all. Many courts will allow ONE episode of "backsies" and then the judge will put his or her foot down.

I am curious, considering JRR's anticipated release date is fast approaching, if JRR might be able to make the same maneuvers that CWW did, in fighting extradition.
CWW Timeline:
CWW was arrested 8/27/15 and would not waive extradition. On 9/9/2015, the Governor of Florida signed an extradition order. 6 days after that on 9/15/2015 a motions hearing was held. We knew CWW had until 9/25 to file a petition to continue his fight to avoid extradition which he did not file. So the 9/30/2015 extradition hearing was cancelled and on 10/15/2015, CWW was booked into Lee County Jail.

If JRR follows a similar timeline, and his release date on federal charges is 2/22/2016, it would put his booking date into Lee County Jail around 4/15/2016, if he does.
Is that a possibility? Thanks.

CWW didn't fight extradition, he just wouldn't say ahead of time that he wasn't going to fight extradition. Yes, JRR could do the same.

 

[Dmacky]

I looked for at least 10 minutes for your thread AZlawyer. It was buried on page 2! How dare we insinuate that MS's recent arrest is more interesting or informative than you are :no: Who even knew that there was a page 2? :thinking: Apparently me

My question is, did MS have to give LE his phone? If not (which I'm assuming) do you think he did it as a way of saying he had nothing to hide? Thinking since had had deleted everything it was gone?...Or not thinking at all because he was scared.
Then after sleeping on it, he figured LE would find the video's, so with his next and final interview, he came clean about his affairs.
He handed LE a lot of evidence quickly when he gave them his phone. e.g. burner phone info, affairs TAPED on video

Sorry about my run-on sentences (I am VERY BAD about that) it seems my mind rambles much faster than my little fat fingers do.

 

[lstiff]

Is it possible for JR to plead guilty to 2nd degree for the same (or similar) sentence if he, too agrees to testify (and cooperate) against MS in court?

 

[AZlawyer]

I looked for at least 10 minutes for your thread AZlawyer. It was buried on page 2! How dare we insinuate that MS's recent arrest is more interesting or informative than you are :no: Who even knew that there was a page 2? :thinking: Apparently me

My question is, did MS have to give LE his phone? If not (which I'm assuming) do you think he did it as a way of saying he had nothing to hide? Thinking since had had deleted everything it was gone?...Or not thinking at all because he was scared.
Then after sleeping on it, he figured LE would find the video's, so with his next and final interview, he came clean about his affairs.
He handed LE a lot of evidence quickly when he gave them his phone. e.g. burner phone info, affairs TAPED on video

Sorry about my run-on sentences (I am VERY BAD about that) it seems my mind rambles much faster than my little fat fingers do.

He didn't have to hand over the phone, and I think he did it to "look innocent," then over-explained.

Is it possible for JR to plead guilty to 2nd degree for the same (or similar) sentence if he, too agrees to testify (and cooperate) against MS in court?

I doubt that the prosecutors will feel that a deal with JR is necessary at this point. And if CWW tagged JR as the hammer man, I bet they'll want to go for the death penalty for him.

 

[ohreally]

Do you think that if MS or JR plead guilty to thier current charge that they will given less than life in prison?

 

[AZlawyer]

Do you think that if MS or JR plead guilty to thier current charge that they will given less than life in prison?

I doubt it. With CWW's help they will have enough to put both of those two away for life.