GUILTY MO - Breeann Rodriguez, 3, Senath, 6 August 2011 - #5

[summer_breeze]

http://www.ajc.com/news/nation-world/search-continues-for-body-1111379.html

12:11 p.m. Tuesday, August 16, 2011
The Associated Press

KENNETT, Mo. — More than four dozen investigators searched a floodway near the Mississippi River on Tuesday, hoping to find the body of a 3-year-old girl who was apparently killed by a neighbor and dumped in a ditch.

 

[wannabedetective]

OT: The pond scum that killed 3 Pittsburgh police officers had a public defender and it was a death penalty case. Insane that our tax dollars went to defend that butthead.:banghead:

 

[wannabedetective]

If he's going private, they'll want a retainer in advance too, and his wife may not be willing to expend those funds. She's got kids to take care of on her own now.

What a mess for her to have to deal with. My heart goes out to her and her children.

I can't imagine what that poor woman is going through. I think the majority of people sympathize with Breeann's parents, but they aren't the only victims in this whole mess.

 

[BeanE]

The longer he is without a lawyer the better no? not sure.

My understanding is that once you say you want an attorney, LE stops questioning you until you get one, then after that, they contact your attorney, once you've retained one, if they want to talk with you.

Meantime, everybody's in limbo waiting to see if you'll talk with your attorney present. Some perps do talk to LE with their attorney there. I don't think many though.

My understanding & opinion. IANAL.

 

[leandjl]

FBI to distribute CHILD I.D. Kits at Senathhttp://www.dddnews.com/story/1752864.html

 

[Paige SC]

Karnes said the Federal Bureau of Investigation has given polygraph tests to the parents, and he feels the parents are clear.
"I feel like they are [cleared]," Karnes said.
"[The FBI] said we failed the polygraph test," Rodriguez said. "To the best of my knowledge, they have turned their attention away from us and to somebody else due to the evidence that was found."
FBI Public Affairs Specialist Rebecca Wu was asked for clarification on the polygraphs, to which she replied, "It is Department of Justice policy that the FBI does not comment on polygraphs."



They had to state they were cleared because they had cleared themselves with the polygraphs. LE was going to have to clear them publically or get besieged with questions about the polys due to the fact the father announced that the FBI had told him they had failed. Looks like saving face to me, IMHO. I'm just glad they received a confession or else everyone might still be looking at this family for possible involvement..

 

[hollyblue]

OT: The pond scum that killed 3 Pittsburgh police officers had a public defender and it was a death penalty case. Insane that our tax dollars went to defend that butthead.:banghead:

I know in some cases the perp's attorneys get a separate fund to tap into because it's a death penalty case. Added DP attorneys also. Cost the taxpayers out the ying yang.

 

[ulpiano]

He may not qualify for a PD but be having trouble finding a local attorney. This is a case some may not want to defend considering it is a small town.

imo

Ugh! If the problem is that he is having trouble finding an attorney to represent him, makes you think that whoever does agree to defend him has to be a sleazeball. I cannot begin to understand how an attorney with any morals could possibly defend someone like this!

 

[wannabedetective]

I know in some cases the perp's attorneys get a separate fund to tap into because it's a death penalty case. Added DP attorneys also. Cost the taxpayers out the ying yang.

Yeppers. He had a whole team because it was a DP case. The insanity of it all was that there were television stations filming at the scene while he was having a shoot out with the policy. There wasn't a shred of doubt he was guilty, but they have to go through the gyrations to find him guilty so they can proceed to the sentencing. In addition, they had to bring in a jury from another county which added to the cost.

 

[~n/t~]

My understanding is that once you say you want an attorney, LE stops questioning you until you get one, then after that, they contact your attorney, once you've retained one, if they want to talk with you.

Meantime, everybody's in limbo waiting to see if you'll talk with your attorney present. Some perps do talk to LE with their attorney there. I don't think many though.

My understanding & opinion. IANAL.

I hope they followed proper protocols because he did have the right to remain silent. The confession bothers me and a good defense attorney may have a field day. Hope I'm wrong.

 

[wannabedetective]

Ugh! If the problem is that he is having trouble finding an attorney to represent him, makes you think that whoever does agree to defend him has to be a sleazeball. I cannot begin to understand how an attorney with any morals could possibly defend someone like this!

Oh I'm sure he'll scrounge up someone that has failed the bar a gazillion times, who's behind on taxes, trying to make a name for himself, wants to be in the spotlight...

 

[dsntslp]

My understanding is that once you say you want an attorney, LE stops questioning you until you get one, then after that, they contact your attorney, once you've retained one, if they want to talk with you.

Meantime, everybody's in limbo waiting to see if you'll talk with your attorney present. Some perps do talk to LE with their attorney there. I don't think many though.

My understanding & opinion. IANAL.

Here in Fl, when we do intakes for the Public Defenders Office at the jail during first appearance, if it is a murder case (any capital case or any case where a minor is the Def.) the first thing we do is have them sign paperwork that invokes their rights. This paperwork or "Invocation" puts everybody on notice - in writing, including C/O's (corrections officers) and the States Attorney's Office, LE etc...that the Defendant has invoked their rights and is not to be question outside the presence of their attorney. Anything that is said as the result of further questioning outside the presence of their attorney, from this point on, is usually not admissible and will surely be argued.

All Defendants are entitled to the best defense.
Thank God we live in America.

Personally, I CAN think of some pretty horrific punishments though for the ones convicted of crimes on children.

Disclaimer: I am not an attorney

HTH

 

[mysticrose]

Why do they not have his arse down along the highway to show LE exactly where he claims to have tossed her poor little body ? They should have found her by now, I wonder how big, and how fast the current is in this flood ditch he claims to be where she is.
He's a <modsnip> and deserves the needle, I could kick his *advertiser censored** :furious:

 

[matou]

I just noticed that there is a big river about 6 miles straight west of Ode Johnson. I hope LE thinks dirty like I do and searches there too. JMO

 

[wannabedetective]

How does one go about finding an attorney when they are locked up. I am totally assuming that SM's wife isn't making any phone calls to help him out.

 

[ulpiano]

How does one go about finding an attorney when they are locked up. I am totally assuming that SM's wife isn't making any phone calls to help him out.

In a high profile case like this, I would bet that they are contacting him!

 

[ulpiano]

I hope they followed proper protocols because he did have the right to remain silent. The confession bothers me and a good defense attorney may have a field day. Hope I'm wrong.

I agree. An attorney could go to town with a tossed out confession and if God forbid, they never find her body.

 

[mrye4709]

I just think of that poor little baby out there in a bag somewhere and it breaks my heart. I couldn't even imagine what the family is going through. They should haul his A$$ down there and make him show them exactly where he put her and then cram his face in the mud so he can't breathe. Where do these sickos come from?

 

[dsntslp]

How does one go about finding an attorney when they are locked up. I am totally assuming that SM's wife isn't making any phone calls to help him out.

There is usually at least one attorney from the PD's Office present at First Appearance. They inform the Def. that this is not the time to plead their case to the Judge, not to make any statements regarding their case to the Judge as any statements are recorded and are admissible to be used against them. This is when the Judge usually goes over the application to the PD to determine if the Def. is indigent and qualifies for a PD. Often, a PD is appointed for the purposes of the current proceedings so the Def. will not be able to say they did not have representation at First Appearance. This allows time for the Def. to obtain Pvt. Counsel in the future without stalling the proceedings.

I am not an attorney.
Just my opinion, HTH

 

[Joe Friday]

I hope they followed proper protocols because he did have the right to remain silent. The confession bothers me and a good defense attorney may have a field day. Hope I'm wrong.

Once and if they find her body and if she was placed inside of a "white garbage bag" and if she is found where he said he dumped her body and if the ME says the COD was suffocation prior to being placed in the water. (if that is where she is found) I think any good attorney would tell him to plead guilty and save the cost of gong to trial. That kind of case would be a slam dunk case for the state IMO. Who else would know all those details such as the garbage bag, how she died and being placed in the water other than the killer. The state of MO might require a trial for a capital offense and a guilty plea might not be an option either.

Now if she is found wrapped in a blanket buried in the woods he could be just throwing LE for a loop with his story and then his confession is not so great for the state. But I think the bike was found where he said it was so I think he is pretty much on the hook or should I call it a noose.

JMO