GUILTY MI - Carnel Chamberlain, 4, Mount Pleasant, 21 June 2012 #2

[legalmania]

Let me try this one. This is a site that donation can be made to;

http://www.facebook.com/pages/Carnels-Hope-For-Tomorrow/459362990740569

 

[legalmania]

This is a petition that the people want the mother arrested. Link will not hook up, but a lot of people are upset with the mothers behavior. The brothers name is Tommy Chamberlain, he claims that the children received 7 to 8 thousand a month from the Casino. So why did his sister work. She wanted to. Imo I think little Carnel looks like he suffered from malnutrition.

http://www.change.org/petitions/jaimee-chamberlain-we-demand-the-arrest-of-jaimee-chamberlain

 

[southernnana]

eace:

I can't believe that this guy was smart enough not to leave any evidence at all. I think they're going to get Jamiee to testify against Bennett since she has sovereign immunity anyway.

Here is a legal definition of Native Americans and Sovereign Immunity
[/B]
http://www.minneapolisfed.org/publications_papers/pub_display.cfm?id=3132

I'm not sure what you mean when you say "she has sovereign immunity anyway". I know what sovereign immunity is, but I'm not sure why you think Jamiee would have it or what it has to do with her testifying. TIA

I was wondering the same thing.
Tribal sovereign immunity protects the tribe and it's resources, not an individual. The tribe can't be sued, unless they agree to be.

http://www.minneapolisfed.org/publications_papers/pub_display.cfm?id=3132

http://mailman2.u.washington.edu/pipermail/nat_issues/attachments/20100609/f81e0b97/outlne.10.doc

Hi legalmania

I'm not sure about the legal aspects of your post. But I agree that AB would not be sophisticated enough to eliminate all traces of evidence. Looking forward to his Monday appearance, hoping we will hear more details.
Thanks for chiming in here.

I found this article while reading in the link below which was provided by legalmania and Jacie. I am posting one paragraph for no purpose other than reading and discussion material ... you may choose to read more of the article for additional info.

Defining tribal sovereignty?
<snipped>
Not surprisingly, over time the federal government has defined and redefined the breadth of tribal sovereignty. <snipped>

Without need to discuss further the merits of either theory, the law of tribal sovereignty as it has developed in the federal courts and by federal statutes, executive orders and treaties over the last two centuries now rests on several fairly well-settled tenets: 1) tribes have virtually unlimited authority over internal tribal affairs; 2) tribes are subject to the plenary, or absolute, power that Congress has over them; 3) tribes are presumptively immune from state law; 4) tribes cannot be sued absent their express consent or a waiver of their immunity; and 5) tribal sovereign immunity does not extend to individual tribal members except to the extent that tribal officials act within the scope of their official capacities.
<snipped and BBM>

http://www.minneapolisfed.org/publications_papers/pub_display.cfm?id=3132

 

[Knox]

hwow:



Well, that's interesting! ... And closing down the facebook accounts! I'm going to go look at the FB's I have saved.

:seeya: southernnanna

Too tired to go look for myself, were the pages we have discussed made private?

 

[legalmania]

This link may help you understand how sovereign immunity works for the Tribal government and members. If a member commits a crime the entire tribe doesn't get charged just the member. As you can read they are treated very leniently.

http://www.citizensalliance.org/links/pages/articles/Sovereign Immunity Shields.htm

 

[southernnana]

They can't do anything until they have forensics, otherwise it is an assault case. Just hope they don't plead it out.

We still don't know, haven't heard anything about Federal 3 Strikes Law pertaining to him.

There are no DOJ postings/releases about him, nor are there US District Attorney's Office, District of Eastern Michigan listings for him.

What I meant with my "that's interesting" remark was thinking maybe they have some of the evidence they need ... and they are trying to minimize any leaks of information. But, I didn't think they would have forensics complete yet.

No, no, no, please no pleading it out! I want a murder charge. I have been on the FBI web site tonight trying to look for specifics in evidence gathering. No luck ... found a couple of other items from their site to post.

Will we hear anything about the Federal 3 Strikes Law pertaining to him except from a hearing, like the one on Mon, July 30th??

:waiting:

 

[wildchild1961]

We have Anthony Bennett's mother saying her kids were removed. We have Carnel's great-aunt's statement and we have Jaimee's, documented further up thread, issues with custody when she was younger. LOTS of child abuse, and children removed from homes, in the scenario. I still wonder why Jaimee was removed from her mother's care at 8.

Carnel's great-aunt, Esther Chatfield, 58, lives next door to the home. She said she and her husband became Jaimee Chamberlain's foster parents when Chamberlain was 8 years old.

http://www.huffingtonpost.com/2012/0...n_1639763.html

BBM
Can you link to where it says that Jamie was removed from her mother's care? Some folks just can't be bothered with their children and give them to whoever in the family will take over, some think their children will be better off particularly if they are abusing substances, etc. Not saying Jamie wasn't removed.. but also am not positive she wasn't handed over willingly either.

Pat

 

[legalmania]

What I meant with my "that's interesting" remark was thinking maybe they have some of the evidence they need ... and they are trying to minimize any leaks of information. But, I didn't think they would have forensics complete yet.

No, no, no, please no pleading it out! I want a murder charge. I have been on the FBI web site tonight trying to look for specifics in evidence gathering. No luck ... found a couple of other items from their site to post.

Will we hear anything about the Federal 3 Strikes Law pertaining to him except from a hearing, like the one on Mon, July 30th??

:waiting:

There has to be something a shovel, cigarette, fingerprints, dna something. I refuse to believe this guy can commit the perfect crime when he was the last person with the kid and the kid was buried right under the house. This is eerily similar. There is even an Anthony to boot.

 

[Jacie Estes]

BBM
Can you link to where it says that Jamie was removed from her mother's care? Some folks just can't be bothered with their children and give them to whoever in the family will take over, some think their children will be better off particularly if they are abusing substances, etc. Not saying Jamie wasn't removed.. but also am not positive she wasn't handed over willingly either.

Pat

Here are 3 other sources, beside the Huffington Post link:

Carnel's great-aunt, Esther Chatfield, 58, lives next door to the home. She said she and her husband became Jaimee Chamberlain's foster parents when Chamberlain was 8 years old.

http://www.startribune.com/printarticle/?id=160810535


Carnel's great-aunt, Esther Chatfield, 58, lives next door to the home. She said she and her husband became Jaimee Chamberlain's foster parents when Chamberlain was 8 years old.

http://www.wnem.com/story/18945415/no-bail-for-man-linked-to-slain-mid-michigan-boy


Carnel's great-aunt, Esther Chatfield, 58, lives next door to the home. She said she and her husband became Jaimee Chamberlain's foster parents when Chamberlain was 8 years old.

http://us.foxnews.mobi/quickPage.html?page=25949&content=75529814&pageNum=4

 

[Jacie Estes]

What I meant with my "that's interesting" remark was thinking maybe they have some of the evidence they need ... and they are trying to minimize any leaks of information. But, I didn't think they would have forensics complete yet.

No, no, no, please no pleading it out! I want a murder charge. I have been on the FBI web site tonight trying to look for specifics in evidence gathering. No luck ... found a couple of other items from their site to post.

Will we hear anything about the Federal 3 Strikes Law pertaining to him except from a hearing, like the one on Mon, July 30th??

:waiting:

Information leaks will definitely cause problems in the case.

I hate pleading out; here in SD a child Carnel's age was taken from it's parents and put in foster care. The foster parent, male, while high, picked this child up by the ankles and bashed the child's head into the cement steps of the house, killing the child. The foster parent got 6 1/2 years. When I asked the Police Chief why only 6 1/2 years, his answer, 'We pled out so we knew we would get the guy in jail.' They didn't even try, just offered the deal, which of course the guy took. :banghead:


The federal 3 Strikes will come in at the sentencing phase BUT is contingent on the Saginaw Chippewa tribe agreeing to use it. We don't even know if this is a DP case yet. If it does go DP then the same with the DP, the tribe has to approve it. Right now, it is an assault case under The Major Crimes Act. Anthony Bennett has to have 2 other crimes that went federal in order to get 3 strikes. I am not sure if his other offenses were tribal or federal or even local/state, given that there is cross jurisdiction with Isabella County.

3. Section 851(a) of Title 21 requires the filing of an information with the court prior to trial or prior to the entry of a plea of guilty, stating in writing the convictions to be relied upon for sentencing. A copy must be served on the defendant or counsel for the defendant.The statute does not apply to persons subject to the criminal jurisdiction of an Indian tribal government for offenses committed in Indian country where federal jurisdiction is predicated solely on Indian country, unless the governing body of the tribe has elected that the provision have effect over land and persons subject to the criminal jurisdiction of the tribe.

Furthermore, you should aggressively use all available federal violent felony provisions, including the Hobbs Act, to achieve prolonged incarceration for "Three Strikes"-eligible defendants. Under 18 U.S.C. § 1951, the Hobbs Act covers a robbery that in any way affects interstate commerce, including the robbery of a convenience store or other commercial establishment. While the Department has promoted use of the Hobbs Act robbery provision primarily in cases involving criminal organizations or gangs, you also should consider using it where a defendant's criminal history would support a life sentence under "Three Strikes." These decisions, of course, should be carefully coordinated with state and local prosecutors, taking into account the availability in each case of a state statute that will result in prolonged incarceration of the defendant.
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01032.htm

 

[tunker2000]

:seeya: southernnanna

Too tired to go look for myself, were the pages we have discussed made private?

I just checked the FB pages I saved and they are all still there and open to everyone, so which ones have been shut down. I checked 4 and they are alive and going.

 

[legalmania]

I just checked the FB pages I saved and they are all still there and open to everyone, so which ones have been shut down. I checked 4 and they are alive and going.

Could you put up Thomas fb page. TY. I'm sorry it's Tommy not Thomas.

 

[tunker2000]

I am not sure if I can post the pages of the family who are not being sluethed, I can pm them to you. Maybe someone can let me know if I can post them.

 

[Knox]

I am not sure if I can post the pages of the family who are not being sluethed, I can pm them to you. Maybe someone can let me know if I can post them.

Link to a news story where he commented. It takes you to the page (not his own) he is using.

 

[legalmania]

I am not sure if I can post the pages of the family who are not being sluethed, I can pm them to you. Maybe someone can let me know if I can post them.

The only thing I found at Jaimees site was the petition and I don't know if I have the right Tommy.

 

[legalmania]

Link to a news story where he commented. It takes you to the page (not his own) he is using.

Tommy is talking about his sister at the bottom. I guess that AB cut Carnels hair, when I first read it I thought it said that Tommy did it.

http://www.change.org/petitions/jaimee-chamberlain-we-demand-the-arrest-of-jaimee-chamberlain

 

[tunker2000]

Tommy is not using his own FB page he is using a friend of his, so looking under his name won't find it. I think the link may have been posted in an earlier thread, but not sure if I can post it here.

 

[legalmania]

Tommy is not using his own FB page he is using a friend of his, so looking under his name won't find it. I think the link may have been posted in an earlier thread, but not sure if I can post it here.

That's o.k. the link I put up explains a lot. The family is very upset with Jaimee. Why she didn't say anything doesn't surprise me, thousands of abused women keep their mouths shut when it comes to abuse , for many reasons. It's either because they are afraid or they think the guy will change, they feel they have no where to go and because these guys say oh I love you and I'll change. It is really just so sad.

 

[tlzzdavis]

Sometimes you just have to smile and nod...

So that is just what I will do my friends. Replies would get me a hefty timeout.

KWIM. ullhair:

*THIS STATEMENT IS OFF TOPIC AND FALLS AT RANDOM*I

 

[southernnana]

Could you put up Thomas fb page. TY. I'm sorry it's Tommy not Thomas.

Today 02:37 PM tunker2000
Tommy is not using his own FB page he is using a friend of his, so looking under his name won't find it. I think the link may have been posted in an earlier thread, but not sure if I can post it here.

Link to a news story where he commented. It takes you to the page (not his own) he is using.

-----------------------------------------------

Commentor George Lucas on the link below identifies himself as Tommy Chamberlain, Carnel's uncle, dated June 27. Several comments/rumors by G. Lucas - 3 comments. Link is working at time of this post.

http://www.hlntv.com/article/2012/06/27/4-year-old-boy-vanishes-home