Misty C. #4

[Gracenote]

Tomorrow morning at 9:30, IIRC. However, if Misty is the minor on the Ratgate LE Report, she violated the TRO, so I'm not thinking she'd have grounds to pursue a longer RO.

ETA: This is an interesting dilemma, IMO, for several reasons. If Misty goes ahead and seeks the RO, will he judge ask her about Ratgate ? If so and she and Ron are guilty of placing the decapitated rat in the mailbox, will she admit it ? If she does, will she be arrested on the spot ? If she's guilty and doesn't admit it, will that be contempt of court ?

If I was her attorney I might say that, in the interest of familial peace, my client has decided not to persue the RO, but she asks that her family members not have contact with her...or something like that. Makes her look like the bigger person and hopefully avoids further questions about the incident that could be embarrassing.

 

[Shaymus at The Rock]

If I was her attorney I might say that, in the interest of familial peace, my client has decided not to persue the RO, but she asks that her family members not have contact with her...or something like that. Makes her look like the bigger person and hopefully avoids further questions about the incident that could be embarrassing.

Not to mention, potentially legally devastating.

I think you're right, she'll drop it - I'd be amazed if she doesn't.

 

[Gracenote]

You're right, but you didn't stop permanently at a in 7th grade, then. You had the gumption & smarts to continue on when you could, and expanded on your learning. Misty may have native intelligence but hasn't reached her potential because she hasn't educated herself, either in or out of school. It is very hard to make head or tail out of her statements because she communicates so poorly.

Aw thank you, I take those as compliments. She does communicate poorly to be sure, especially when under pressure.

I keep bringing up my relatives, but they are all deep country people who speak as little as possible. The words don't flow at all, and I don't think the thoughts do either. They are canny and clever but not very verbal, and many of them can't read or write. They say you have to pipe in sunlight because they live so far out in the country. Many of the players in this case remind me of them.

 

[Shelby77]

Ever since the marriage, I haven't been able to stop wondering if maybe Ronald has reason to suspect Misty also, and that is why he married her. To try to get information about what happened that night. If that was the case, I'm sure TN and AS would be aware.
The more time goes on, the stronger a possibility I see in this...

 

[Malesherbes]

Ever since the marriage, I haven't been able to stop wondering if maybe Ronald has reason to suspect Misty also, and that is why he married her. To try to get information about what happened that night. If that was the case, I'm sure TN and AS would be aware.
The more time goes on, the stronger a possibility I see in this...

Ok, so would that mean he isn't having sex with her, or is that part of the plan? Have sex with her, even though you think she did something to your child- I really dont know how anyone would even be able to do that-

 

[Shelby77]

Ok, so would that mean he isn't having sex with her, or is that part of the plan? Have sex with her, even though you think she did something to your child- I really dont know how anyone would even be able to do that-

I don't doubt it, not if meant getting the truth about what happened to your missing daughter, and justice for her...especially if you felt LE was getting the job done on their own. I'm not sure how far I wouldn't go to accomplish those things so I can definitely see it as a possibility..

 

[bunnyphoenix1]

Tomorrow morning at 9:30, IIRC. However, if Misty is the minor on the Ratgate LE Report, she violated the TRO, so I'm not thinking she'd have grounds to pursue a longer RO.

She didn't have a TRO against her, so she didn't violate a TRO. It restrains him from going near her, but not the other way around. He can make his own application for a TRO against her if he likes.

ETA: This is an interesting dilemma, IMO, for several reasons. If Misty goes ahead and seeks the RO, will he judge ask her about Ratgate ?

I think she could possibly be questioned on this (assuming Tommy is defending the Restraining Order) by Tommy's lawyer (assuming he has one) or the Judge.

If so and she and Ron are guilty of placing the decapitated rat in the mailbox, will she admit it ? She could simply deny it. If it is true, she doesn't have to answer the questions as she has a right to silence/right not to self incriminate.

If she does, will she be arrested on the spot ? Probably not on the spot, but it wouldn't take long for it to happen.

If she's guilty and doesn't admit it, will that be contempt of court ?

No, she doesn't have to answer any question that might incriminate her and is not required to admit her guilt. However, if she perjures herself (as opposed to taking the 5th), and they can later prove that she did that, they could prosecute her for that.

 

[bunnyphoenix1]

I don't doubt it, not if meant getting the truth about what happened to your missing daughter, and justice for her...especially if you felt LE was getting the job done on their own. I'm not sure how far I wouldn't go to accomplish those things so I can definitely see it as a possibility..

OT...sorry...but, did you hear about the case (I think it was in NY) where the mother of a man imprisoned on a murder charge, went undercover (changed her appearance, rented an apartment away from her husband) and stalked, then seduced and had a "relationship" with one of the jurors on her son's trial, all in an effort to uncover some dirt about the jury deliberations to assist her son who she believed was wrongly convicted? It all came out late last year and I read about it in the NY Times. She went to extreme lengths to get the truth!

 

[Shelby77]

OT...sorry...but, did you hear about the case (I think it was in NY) where the mother of a man imprisoned on a murder charge, went undercover (changed her appearance, rented an apartment away from her husband) and stalked, then seduced and had a "relationship" with one of the jurors on her son's trial, all in an effort to uncover some dirt about the jury deliberations to assist her son who she believed was wrongly convicted? It all came out late last year and I read about it in the NY Times. She went to extreme lengths to get the truth!

Nope, I hadn't heard about that case! Wow, it just goes to show the length some people will go. I think Ron is the kind of Dad to go to any lengths to bring justice for HaLeigh, even if that includes sleeping with Misty if he thought she were the key to the investigation, JMO though..


ETA: to add thought

 

[slippery-slope]

Ok, so would that mean he isn't having sex with her, or is that part of the plan? Have sex with her, even though you think she did something to your child- I really dont know how anyone would even be able to do that-

The usual "honey I have a headache" LOL

 

[zadari]

i really wonder if misty does know what happened exactly to haleigh .. was she so drugged up she doesnt know ? was she gone ? did haleigh get into her drugs and die and then she had someone get rid of her body ? without ron knowing? these are just things im wondering . does mistys family know what happened and helped her ? her parents or siblings or cousins ect ect ? .. i do think misty knows haleigh is gone but i think mabey she couldve been to high or away from the home to know how .. or she is covering for someone in her family she knows something tho i just feel in my bones and i dont think ron knows but i do think he suspects and mabey that is exactly why he married her .. to get her to trust him enough to tell him eventually so he knows and can find his daughter

 

[Shelby77]

Or to get her intoxicated enough to slip up, hmmm...

 

[Gracenote]

No, she doesn't have to answer any question that might incriminate her and is not required to admit her guilt. However, if she perjures herself (as opposed to taking the 5th), and they can later prove that she did that, they could prosecute her for that.

I didn't quote the part I meant to. Anyway, in my state if you have an RO against someone and you deliberately violate the terms, it is automatically void. Only fair because I knew women who took out TPOs against men, then called them to come over or move back in, got ticked off and had them arrested for violating the order!

Also,Iamnot sure that you have the right to avoid self incrimination in a civil case which a TPO/RO is. That's why it can work better to sure in civil court. They have to answer.

It may all be different in Fl, though.

 

[CrankyPants]

No, she doesn't have to answer any question that might incriminate her and is not required to admit her guilt. However, if she perjures herself (as opposed to taking the 5th), and they can later prove that she did that, they could prosecute her for that.

also from your post: She didn't have a TRO against her, so she didn't violate a TRO. It restrains him from going near her, but not the other way around. He can make his own application for a TRO against her if he likes.




---------------------------
Actually, even though the RO wasn't "against" Misty, intentionally approaching Tommy is a violation--at least in my neck of the woods. Once, a family member required a TRO because her husband had come after her with a gun. The magistrate was very concerned that she understand she was not to intentionally approach her husband or the TRO would become null and void.

I am thinking that it is possible Tommy will bring up "ratgate" at the hearing in order to avoid a permanent order.

JMO--perhaps Florida TROs are different.

 

[slippery-slope]

I believe it is possible to sleep through, something like this. My hubby is on a shift that he gets home around 3am, four out of five times I've slept through his coming home, and we have a dog that barks at everything, no drugs, no alcohol, just sleep deprivated. But if what Misty says is true to the best of her recollection, what woke her up? JMO

 

[Busylady]

I have wondered if cold air from the door being opened woke her up.

I believe it is possible to sleep through, something like this. My hubby is on a shift that he gets home around 3am, four out of five times I've slept through his coming home, and we have a dog that barks at everything, no drugs, no alcohol, just sleep deprivated. But if what Misty says is true to the best of her recollection, what woke her up? JMO

 

[SeriouslySearching]

I agree, Busy. Since the door doesn't slam or bang while open...the cold air coming in could have awakened her and/or the light being on could also have set her into motion to get up to travel that way while still half asleep, imo. This could also explain why she was headed to the other bathroom without fully realizing why, imo. (IMO, her explanation for this was part of the problem with the "inconsistencies" they believe she gave them. She simply didn't know why she was headed that way, imo.)

 

[bunnyphoenix1]

i really wonder if misty does know what happened exactly to haleigh .. was she so drugged up she doesnt know ? was she gone ? did haleigh get into her drugs and die and then she had someone get rid of her body ? without ron knowing? these are just things im wondering . does mistys family know what happened and helped her ? her parents or siblings or cousins ect ect ? .. i do think misty knows haleigh is gone but i think mabey she couldve been to high or away from the home to know how .. or she is covering for someone in her family she knows something tho i just feel in my bones and i dont think ron knows but i do think he suspects and mabey that is exactly why he married her .. to get her to trust him enough to tell him eventually so he knows and can find his daughter

I think all of the above is "possible" along with lots of other possibilities.

The reason I don't think she actually knows what happened (although I acknowledge she might), based on what we actually know, is because....she has taken a LDT at least once....from all the statements LE have made, it seems that where she has failed that LDT are the questions in relation to her whereabouts. I have to assume they asked her crucial questions such as "do you know where Haleigh is?", "do you know what happened to Haleigh?" and that she passed on those questions. They have obviously continued to investigate other avenues (searching the Griffis farm), which leads me to believe they are not absolutely certain she did anything to Haleigh, though they are convinced she's lying about where she was that night, and they are not sure why she is lying about that.

 

[bunnyphoenix1]

I didn't quote the part I meant to. Anyway, in my state if you have an RO against someone and you deliberately violate the terms, it is automatically void. Only fair because I knew women who took out TPOs against men, then called them to come over or move back in, got ticked off and had them arrested for violating the order!

Also,Iamnot sure that you have the right to avoid self incrimination in a civil case which a TPO/RO is. That's why it can work better to sure in civil court. They have to answer.

It may all be different in Fl, though.

Thank you for that info. It's not that way here and I've never heard of that before, but it sounds like it would be a good idea in some situations, though perhaps not in others (sometimes people are stupid enough to briefly reconcile with their abusers, then move back out and it would be a shame if the order wasn't still available to them if their partner started stalking them).

And I've also seen cases where they have been misused. Not everyone gets them for the right reasons.

I would think the right against self incrimination extends to proceedings such as these, but wish we had a Fla lawyer on here who does this sort of work to tell us for sure. We might find out tomorrow. I wonder if the matter will proceed and what the outcome will be. I think she will get the order, assuming the matter proceeds.

 

[SeriouslySearching]

I wish I felt differently, but I feel like LE dropped the ball has no clue what happened to Haleigh. I also feel like the public statement was made yesterday simply because the Cummings family is no longer just sitting back, they have taken some steps that put a bit of pressure on LE IMO. Hopefully forward progress will continue to be made. IMO

I think you hit that nail on the head. It was discussed awhile back that if things were not forthcoming from LE and there was shown to be some movement on the case that one of the family members was going to start talking to the media (not sure how that was worded before). Since MN and TM agreed to come on board, the opportunity for the Cummings family to speak out is much greater, imo.