GUILTY MI - Chelsea Bruck, 22, Frenchtown Twp, 26 Oct 2014 #6

[Spellbound]

Wow! I am quite surprised the jury is nearly all women. Only one man chosen, randomly. I suspect this favors the prosecution for a trial like this. I honestly did not think they would be done today.

I am not particularly hopeful for good coverage, if this is going to be mainly from twitter reports. Should anyone find a good link for following, please post it here.

thanks for the update, Emi!

 

[monster12]

Wow! I am quite surprised the jury is nearly all women. Only one man chosen, randomly. I suspect this favors the prosecution for a trial like this. I honestly did not think they would be done today.

I am not particularly hopeful for good coverage, if this is going to be mainly from twitter reports. Should anyone find a good link for following, please post it here.

thanks for the update, Emi!

I was about to say both of those exact things. Here we go folks!

 

[monster12]

"Accused killer Daniel Clay rejected a deal that would have included a 35-year prison sentence if he pleaded guilty to second-degree murder. The trial now moves forward. After a daylong interview process, a jury of 13 women and one man was selected.
Opening arguments begin Tuesday morning and the trial is expected to last up to two weeks."

http://www.monroenews.com/news/20170508/clay-rejected-35-year-deal


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[Spellbound]

"Accused killer Daniel Clay rejected a deal that would have included a 35-year prison sentence if he pleaded guilty to second-degree murder. The trial now moves forward. After a daylong interview process, a jury of 13 women and one man was selected.
Opening arguments begin Tuesday morning and the trial is expected to last up to two weeks."

http://www.monroenews.com/news/20170508/clay-rejected-35-year-deal


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I was just coming here to post this. first time I heard he had the option. why did he not take the 35 yearoffer, rather than the 1st degree murder charge (probable life)? well, he is also facing life for the other case.

I don't think he is too bright, and may not have any family supporting him. I really do not know anything about him other than from here, but I get the feeling he has never had much of a decent family life or guidance. Did he even graduate from high school? I am curious if he may have low intelligence. not that he did not know right from wrong, though.

 

[Spellbound]

So I have read both 1st degree and 2nd degree ... which is right? I am slowly losing my mind.

Michigan Criminal a Code, 1st degree:

Murder and Felony Murder: Michigan Criminal Code 750.316

"Criminal homicide," "felony murder"

What is Prohibited?
Murder: a planned or intentional homicide of another person or a homicide while committing a felony.

Felony Murder
A person commits felony murder (murder) if any death (even an accidental one) results from the commission of certain violent felonies -- such as arson, burglary, kidnapping, rape, and robbery (see full list above).

Penalty. Life imprisonment without possibility of parole

Civil Case
Possible wrongful death lawsuit

Degrees of Murder
1) First-degree and felony murder
2) Second-degree murder

http://statelaws.findlaw.com/michigan-law/michigan-first-degree-murder-laws.html
==
Eta: I guess the charge is "Open Murder"

Based on that autopsy and other testimony, Monroe County Chief District Court Judge Jack Vitale ordered Clay, 28, of Monroe to stand trial and the murder charge against him was upped from second-degree to open murder, both WXYZ-TV and the Monroe News reported. Under the open murder charge, a jury could consider a first-degree premeditated murder charge, which carries a mandatory life sentence, Second-degree murder is a lesser offense, allowing for the possibility of parole and a lesser prison term.

[also from this same article, something I must have forgotten about]
After Bruck was reported missing, a six-month search ensued. In April 2015, John Marcon was using heavy equipment to level the ground where he intended to build a house when he discovered Bruck's unclothed remains under a heavy log and some tree branches. In September, Bruck's red shoe and green leggings were found nearby.
Crime-scene investigators found enough DNA on the leggings to connect it to an unknown man. In July 2015, the same month Clay was charged in the separate criminal sexual conduct case, the crime lab confirmed a hit connecting Clay to the DNA sample, Sroka said.
from: http://www.freep.com/story/news/local/michigan/2016/11/02/chelsea-bruck-murder-daniel-clay/93198642/

 

[black_squirrel]

I was just coming here to post this. first time I heard he had the option. why did he not take the 35 yearoffer, rather than the 1st degree murder charge (probable life)? well, he is also facing life for the other case.

I don't think he is too bright, and may not have any family supporting him. I really do not know anything about him other than from here, but I get the feeling he has never had much of a decent family life or guidance. Did he even graduate from high school? I am curious if he may have low intelligence. not that he did not know right from wrong, though.

I think 35 years may seem pretty close to eternity. On the other hand, it seems unlikely that he would get anything less than 2nd degree murder.

He is probably not the sharpest pencil, but he was able to not get caught for quite some time.

 

[monster12]

I was just coming here to post this. first time I heard he had the option. why did he not take the 35 yearoffer, rather than the 1st degree murder charge (probable life)? well, he is also facing life for the other case.

I don't think he is too bright, and may not have any family supporting him. I really do not know anything about him other than from here, but I get the feeling he has never had much of a decent family life or guidance. Did he even graduate from high school? I am curious if he may have low intelligence. not that he did not know right from wrong, though.

From what I recall, during the preliminary hearing in the fall, they were going for 2nd degree because they didn't believe they could prove 1st degree. I think his lawyer was trying to push and say that CB "was into rough play" and it was accidental, not premeditated. From what I remember, at the end of that hearing, the judge (?) did say they could go for 1st degree based on the findings from the witnesses/medical examiner/etc, and they upped the charges (http://www.freep.com/story/news/local/michigan/2016/11/02/chelsea-bruck-murder-daniel-clay/93198642/)

But from what I'm gathering, his side is going to try and use things about her and her past to get the jury to believe she was not the person "everyone thought she was". IMO. (I'm not sure if that makes sense, but I'm trying to piece together what I remember.)

I found the following quotes from an article in the November preliminary hearing:
"One of the friends was questioned about her past. The defense brought up Bruck’s sex life and the prosecution argued that it wasn’t relevant. The defense argued that such information is crucial to their case. The judge granted the defense latitude. The defense asked if Bruck like rough sex and if she enjoyed being choked. Brinson said no. The defense asked if Bruck was promiscuous. The judge said rough sex may be relevant, but sexual history was not." "Detective Jeff Smith was the ninth witness to take the stand. The prosecution asked Smith if he had interviewed Brinson and he answered in the affirmative.The defense asked about the purpose of the interview and the contents. Brinson had previously testified that she had not told police that Bruck enjoyed rough sex and being choked. Smith contradicted those statements and said that his notes from that interview indicated that Brinson did say those things."
http://www.clickondetroit.com/news/-chelsea-bruck-murder-case-27-year-old-newport-man-due-in-court_

 

[mpnola]

It's going to be like Arron Lewis in Beverly Carters case. They know they are going down, .so they just take the opportunity to basically write a *advertiser censored* skit to show off in court. Dragging the poor victim straight through another round of victimization. These violent perverts are so despicable. He needs to get over himself. No one believes she wanted to have rough sex with you, dude. Especially with her face smashed in. No one gets a consentual broken face on a date.

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[Hatfield]

"Accused killer Daniel Clay rejected a deal that would have included a 35-year prison sentence if he pleaded guilty to second-degree murder. The trial now moves forward. After a daylong interview process, a jury of 13 women and one man was selected.
Opening arguments begin Tuesday morning and the trial is expected to last up to two weeks."

http://www.monroenews.com/news/20170508/clay-rejected-35-year-deal


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Wow. I didnt realize he had a chance to take a plea deal either.

I think his lawyer should have advised him to take that deal. Not that I want him out of prison but for his sake he may have been eventually able to get out of prison even before the 35 years with the way parole boards seem to grant parole eventually.

I just heard in the news the other day that some states are considering offering parole options for people that previously got Life with no parole sentences if they were really young at the time of sentence. I cannot remember what state or states I saw that news but it was real surprising and has caused a lot of debate.

ETA. It may have been an old crime story I had heard that about because I cannot remember where I saw or read about that. I tried looking it up and only found older news about Supreme Court was debating it. So not really sure how old that news was that I had heard about.

http://www.npr.org/2012/03/20/149020533/supreme-court-considers-life-sentences-for-juveniles

 

[Hatfield]

Slightly OT

This is just something I have been thinking about for parole boards in general.

This comment is just for sentences that are not life sentences.

I've had this theory for a long time that I think what happens at parole boards is if a person with a long sentence goes before the parole board year after year then I think it is human nature that the parole board thinks they sooner or later will give them a parole option.

Its just a theory that I have had and I probably need to look up some actual statistics to see if there is any basis to the theory. The theory involves human nature and how if you were on the parole board and see the same person come before the board year after year then would you eventually feel that you have to finally agree to give the person parole so long as they are considered a well behaved prisoner with no other infractions.

Its something I have thought about in the past and I just wonder if human nature takes over and the parole board in a way gets to where they think its been long enough and its finally time to grant parole.

Thinking along the lines of lets say for example a person with a 30 year sentence has started to go before the parole board after 15 years of their sentence. Then lets say you were on the board and at year 16 you say no. Then 17, 18, 19, 20 years you say no.
Then lets say it is the 21st year then would you eventually just give the person parole for no other reason than you have seen the same person year after year and human nature takes over and you begin to think it has been long enough?

I have no statistics and just wondering if this is what happens and maybe why it seems that we hear of parole being given to people that did horrendous crimes and yet they sometimes get out on parole.

JMO I think the best way that states can ensure proper sentences for vicious crimes is the states that have a rule that a certain percentage of their sentence must be served before parole becomes eligible.

Its described in this link below as this

"In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole."

I think that is a good way to ensure at least a mandatory part of the sentence is served before parole is even considered.

https://en.wikipedia.org/wiki/Parole

Its interesting in that article as different countries vary.

 

[BetteDavisEyes]

I was afraid that the Prosecution would drag Chelsea through the mud before this was over and said as much several threads ago. Unfortunately, Chelsea made some poor choices the night of the Halloween concert/party, and the Prosecution will certainly make the most of her actions. If Chelsea has a sexual history, I'm sure that will come into play, as well.

That said, the mostly-female jury bodes well for the Defense. Hopefully, women will recognize that DC is a loser who has little or no regard for the law and zero respect for women. :moo:

Rest in peace, sweet Chelsea :rose:

 

[monster12]

Wow. I didnt realize he had a chance to take a plea deal either.

I think his lawyer should have advised him to take that deal. Not that I want him out of prison but for his sake he may have been eventually able to get out of prison even before the 35 years with the way parole boards seem to grant parole eventually.

I just heard in the news the other day that some states are considering offering parole options for people that previously got Life with no parole sentences if they were really young at the time of sentence. I cannot remember what state or states I saw that news but it was real surprising and has caused a lot of debate.

ETA. It may have been an old crime story I had heard that about because I cannot remember where I saw or read about that. I tried looking it up and only found older news about Supreme Court was debating it. So not really sure how old that news was that I had heard about.

http://www.npr.org/2012/03/20/149020533/supreme-court-considers-life-sentences-for-juveniles

Well and he's being charged for the woman he attacked last summer that came forward and reported it. Now he has an actual victim alive to tell her story. Thankful she was brave enough to do so. I feel out of the two, he has a long time ahead of him of being locked up. Although I realize it's not nearly enough justice for Chelsea and her poor family.
http://www.monroenews.com/news/20160808/clay-charged-in-rape-case

In addition:
"Since 2007 he has faced the following charges: breaking and entering, assault, retail fraud, larceny, multiple counts of marijuana possession, resisting police, probation violation and is currently facing 2 Friend of the Court bench warrants."
http://www.wxyz.com/news/region/mon...suspect-daniel-clays-lengthy-criminal-history

I hate that her family has to sit through this scum trying to continue to hurt them. They've already faced the unimaginable.



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[monster12]

Slightly OT

This is just something I have been thinking about for parole boards in general.

This comment is just for sentences that are not life sentences.

I've had this theory for a long time that I think what happens at parole boards is if a person with a long sentence goes before the parole board year after year then I think it is human nature that the parole board thinks they sooner or later will give them a parole option.

Its just a theory that I have had and I probably need to look up some actual statistics to see if there is any basis to the theory. The theory involves human nature and how if you were on the parole board and see the same person come before the board year after year then would you eventually feel that you have to finally agree to give the person parole so long as they are considered a well behaved prisoner with no other infractions.

Its something I have thought about in the past and I just wonder if human nature takes over and the parole board in a way gets to where they think its been long enough and its finally time to grant parole.

Thinking along the lines of lets say for example a person with a 30 year sentence has started to go before the parole board after 15 years of their sentence. Then lets say you were on the board and at year 16 you say no. Then 17, 18, 19, 20 years you say no.
Then lets say it is the 21st year then would you eventually just give the person parole for no other reason than you have seen the same person year after year and human nature takes over and you begin to think it has been long enough?

I have no statistics and just wondering if this is what happens and maybe why it seems that we hear of parole being given to people that did horrendous crimes and yet they sometimes get out on parole.

JMO I think the best way that states can ensure proper sentences for vicious crimes is the states that have a rule that a certain percentage of their sentence must be served before parole becomes eligible.

Its described in this link below as this

"In the United States, courts may specify in a sentence how much time must be served before a prisoner is eligible for parole."

I think that is a good way to ensure at least a mandatory part of the sentence is served before parole is even considered.

https://en.wikipedia.org/wiki/Parole

Its interesting in that article as different countries vary.

I see what you're saying and could see how that could occur. I'm not sure if this is how it always goes, but Michigan seems to have a "one and done" in my own words, type of parole board.

"Michigan has indeterminate sentencing. This means that most offenders are sentenced to prison with a minimum and maximum term of years; For example, two years to five years. The Parole Board obtains jurisdiction on the case after the prisoner has served the minimum sentence, which occurs on Earliest Release Date. The Parole Board may parole the offender at that time if the board has a reasonable assurance the prisoner no longer poses a risk to the public. If the Parole Board does not parole the prisoner during their sentence, the prisoner will discharge from prison and the sentence upon serving the maximum sentence. "

My understanding is if they aren't granted it when they go the first time, they cannot seek it again(technically they're being released at this point) until they serve their maximum sentence. They can seek parole after their minimum sentence and be granted it, but have to wait until then.

http://www.michigan.gov/corrections/0,4551,7-119-9741_12798-292528--,00.html


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[monster12]

On twitter, @alexmesterblade from the Toledo news is giving court updates if anyone wants to read over there. It's too much for me to keep copying over. The account is constantly posting updates. If there was an easy way to post them here without having 100 posts an hour, I would try to do it. I'm sure the profile is public though so I don't think an account is needed to view them.

https://twitter.com/alexmesterblade?lang=en


However, I will add as I'm reading them, it says her mother is the first witness being called. [emoji20]

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[BetteDavisEyes]

Ray Kisonas @RayKisonas
The judge in the Daniel Clay trial ruled that Chelsea Bruck's sexual history can not be used as evidence in an apparent blow to the defense

 

[NewMama]

Ray Kisonas @RayKisonas
The judge in the Daniel Clay trial ruled that Chelsea Bruck's sexual history can not be used as evidence in an apparent blow to the defense

Thank goodness! Glad to hear this.

 

[Emi]

Alex Mester‏@AlexMesterBlade 15m15 minutes ago
Opening statements are concluded. Now 15 min break, then Leannda Bruck, #ChelseaBruck's mother, top be called as prosecution's 1st witness.
Alex Mester‏@AlexMesterBlade 9m9 minutes ago
Smith: Experts for defense will show injuries to #ChelseaBruck's face could have occurred up to 3 hours after death.
Monroe News‏@monroenews 10m10 minutes ago
Please follow @RayKisonas for live tweeting of the Daniel Clay trial #chelseabruck
Alex Mester‏@AlexMesterBlade 15m15 minutes ago
Smith: “This is a serious case, and this is a tragic case.” Will not make light of #ChelseaBruck's death.
Bedford Now‏@bedfordnowmi 18m18 minutes ago
Opening statements have begun in the Daniel Clay trial at Monroe County Courthouse http://ow.ly/NLpm30bz5F6 #chelseabruck
Alex Mester‏@AlexMesterBlade 19m19 minutes ago
Family of #ChelseaBruck appears to be holding up thus far. To be very difficult, graphic content in this trial, as pros. warned jurors Mon.
Alex Mester‏@AlexMesterBlade 21m21 minutes ago
Prosecution plans to prove fractures to #ChelseaBruck's face could not have happened as the result of a fall or drop, or of a single strike.
Alex Mester‏@AlexMesterBlade 31m31 minutes ago
Expert in fiber and fabric damage also to testify, as will DNA expert. 1 leaf from the costume was found near #ChelseaBruck's remains.
Alex Mester‏@AlexMesterBlade 35m35 minutes ago
Forensic dentist ID'd #ChelseaBruck's remains. Forensic anthropologist also to testify, along with medical examiner who performed autopsy.
Alex Mester‏@AlexMesterBlade 37m37 minutes ago
Prosecutor working through timeline of events during search, investigation for #ChelseaBruck.
Alex Mester‏@AlexMesterBlade 41m41 minutes ago
Pros. seems to be indicating there may have been someone who saw a shadowy figure in the woods the night #ChelseaBruck was killed.
Alex Mester‏@AlexMesterBlade 47m47 minutes ago
Prosecutor tells jury #ChelseaBruck spent many hours in weeks before Halloween party "painstakingly" hand-making her Poison Ivy costume.
Nicole‏@LadyJustice2188 48m48 minutes ago
Murder trial of man who says he killed woman accidentally begins this week #ChelseaBruck
Alex Mester‏@AlexMesterBlade 51m51 minutes ago
#ChelseaBruck's family so far remains calm. Pros. tells jury her mother will be called as the first witness.
Alex Mester‏@AlexMesterBlade 56m56 minutes ago
Prosecution begins opening statement with description of day of #ChelseaBruck's death, showing map of wooded area to jury where body found.
Alex Mester‏@AlexMesterBlade 1h1 hour ago
Judge grants pros. motion to exclude testimony re: #ChelseaBruck's prior sexual history. At issue is erotic asphyxiation. Jury being called.
Alex Mester‏@AlexMesterBlade 1h1 hour ago
Daniel Clay now in courtroom, seems calm. Prosecutors have rolled in cart loaded with 3-ring binders. #ChelseaBruck family now fills 3 rows.
Alex Mester‏@AlexMesterBlade 1h1 hour ago
#MonroeCounty Circuit Court is getting set up for the start of murder trial for Daniel Clay. #ChelseaBruck's family arriving, fill 2 rows.
Alex Mester‏@AlexMesterBlade 3h3 hours ago
Back in Monroe for trial of Daniel Clay in death of #ChelseaBruck. Opening statements and first testimony should begin later this morning.

 

[Emi]

Alex Mester‏@AlexMesterBlade 1m1 minute ago
#ChelseaBruck had taken multiple photos as she hand-made her Poison Ivy costume before the Halloween party, after which she went missing.

 

[BetteDavisEyes]

Monroe County Man Rejects Plea Deal In Halloween Party*Killing

May 9, 2017 7:42 AM

MONROE (WWJ/AP) –*The man accused in the death of Chelsea Bruck has rejected a plea deal on a second degree murder charge that included a 35-year prison sentence.

Daniel Clay, 28, faces open murder and related charges after authorities say he confessed to killing Bruck after the two met at a Halloween party in 2014. His defense attorney says it was an accident...

http://detroit.cbslocal.com/2017/05...rejects-plea-deal-in-halloween-party-killing/

WWJ legal analyst, Charlie Langton, has given periodic updates on the trial. He's basically saying what other reporters share in Tweets.

 

[Emi]

Alex Mester‏@AlexMesterBlade 6m6 minutes ago
Family visited property where party was held, searched for #ChelseaBruck. Mom described screaming her daughter's name.
Alex Mester‏@AlexMesterBlade 14m14 minutes ago
Mom now IDs the red shoes #ChelseaBruck is said to have worn with her costume, given to her by her sister.
Malena Caruso‏@MalenaWTOL 16m16 minutes ago
#ChelseaBruck did not drive. She needed a ride to the party because her original ride fell through. She ended up getting a ride on 10/25/14
Alex Mester‏@AlexMesterBlade 17m17 minutes ago
Mom describing #ChelseaBruck's activities at home in hours leading up to departure for party. Told mom, 'I love you' when leaving.
Malena Caruso‏@MalenaWTOL 19m19 minutes ago
Mother says #ChelseaBruck has a disease that resulted in muscle weakness.