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

[AmandaReckonwith]

Scum like him cannot die fast enough. Throw away the key definitely.

 

[AmandaReckonwith]

Case archive:

http://s296.photobucket.com/albums/mm166/crankycrankerson/Breeann%20Rodriguez%20%20-MO-/

 

[passionflower]

#254 post..oh my gosh.....did I read torture and inhuman, horrible..................
what did he do to baby Breeann?

 

[Gardenlady]

#254 post..oh my gosh.....did I read torture and inhuman, horrible..................
what did he do to baby Breeann?

I know... Reading that made my stomach turn. I cannot stop thinking about how frightened and alone little Breeann must have felt. I can only hope it was over quickly, whatever he did to her. :cry:

And so heartbreaking to think what the parents are going through, hearing the details about aggravating circumstances. I am glad they seem to have a big family, so they will have lots of loved ones to lean on.

 

[LCoastMom]

http://www.ksdk.com/news/article/274229/3/Death-penalty-on-the-table-in-Breeann-Rodriguez-case

- The Dunklin County Prosecuting Attorney's Office has taken a procedural first step in keeping capital punishment as a viable sentence for the man accused of killing a three-year-old girl earlier this month.

Prosecuting Attorney Stephen Sokoloff said this doesn't necessarily mean the state will seek the death penalty against Shawn Morgan.

Just a brief recap of above...

 

[don_m]

I don't quite know what to make of the legal wording in #254 post,, the "and or" part is what is strange to me?
I have been at home for 4 days , maybe I will here something when I get out tomorrow

 

[don_m]

http://www.moga.mo.gov/statutes/C500-599/5650000032.HTM
This is possibly the statute,,, but it is to late for me to understand it,,,lol

 

[Dee10]

A number of days ago, I believe it said "the family" was going to hire an attorney. Yet, it didn't specify the "wife" or "other" family members & I think it is important to note the difference.

 

[hollyblue]

I don't quite know what to make of the legal wording in #254 post,, the "and or" part is what is strange to me?
I have been at home for 4 days , maybe I will here something when I get out tomorrow

http://www.moga.mo.gov/statutes/C500-599/5650000032.HTM
This is possibly the statute,,, but it is to late for me to understand it,,,lol

The PA is offering his reasons for a possible death penalty sentence and these are the aggravating circumstances under the law that he feels has happened in BR's case... to seek it. I don't see any mention of a (the) victim being a minor child under a certain age, but I would definitely think that would also be a consideration. IMO.

Did these things happen? ...and in order for death penalty to be offered to the court or jury, they must be proven..beyond a doubt to have happened. IMNAL


(1) Whether a statutory aggravating circumstance or circumstances enumerated in subsection 2 of this section is established by the evidence beyond a reasonable doubt;

(7) The murder in the first degree was outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind;
[ suffocation (of a child) ]

(11) The murder in the first degree was committed while the defendant was engaged in the perpetration or was aiding or encouraging another person to perpetrate or attempt to perpetrate a felony of any degree of rape, sodomy, burglary, robbery, kidnapping, or any felony offense in chapter 195;

 

[Yellow Rose]

The PA is offering his reasons for a possible death penalty sentence and these are the aggravating circumstances under the law that he feels has happened in BR's case... to seek it. I don't see any mention of a (the) victim being a minor child under a certain age, but I would definitely think that would also be a consideration. IMO.

Did these things happen? ...and in order for death penalty to be offered to the court or jury, they must be proven..beyond a doubt to have happened. IMNAL


(1) Whether a statutory aggravating circumstance or circumstances enumerated in subsection 2 of this section is established by the evidence beyond a reasonable doubt;

(7) The murder in the first degree was outrageously or wantonly vile, horrible or inhuman in that it involved torture, or depravity of mind;
[ suffocation (of a child) ]

(11) The murder in the first degree was committed while the defendant was engaged in the perpetration or was aiding or encouraging another person to perpetrate or attempt to perpetrate a felony of any degree of rape, sodomy, burglary, robbery, kidnapping, or any felony offense in chapter 195;

Thanks Holly (hitting the button was not good enough!)

 

[katydid23]

Does this imply that she was not sexually assaulted?

 

[LCoastMom]

Does this imply that she was not sexually assaulted?

I don't think so...it may imply they don't have the evidence they need to prosecute for SA so they're throwing the book at him for what they have or it may mean this prosecutor's office is keeping things close to the vest. They may not have all the lab results back either.

Who knows. It got sooo quiet on this one, so quickly.

 

[krimekat]

I don't think so...it may imply they don't have the evidence they need to prosecute for SA so they're throwing the book at him for what they have or it may mean this prosecutor's office is keeping things close to the vest. They may not have all the lab results back either.

Who knows. It got sooo quiet on this one, so quickly.

Small county . . . but since he has confessed, how can he go into Court with an atty & plead not guilty?

Hope this is swift & just!

 

[LCoastMom]

Small county . . . but since he has confessed, how can he go into Court with an atty & plead not guilty?

Hope this is swift & just!

It will be his lawyer's first job to get that confession tossed out and made inadmissible in court!

We'll see...He did plead no contest on his charges for threatening to bomb the work place. I hope he just goes with it and doesn't put her family through a trial, give him life w/o parole. DP is too good for him.

 

[GannyP]

:maddening:Has this case totally dropped off the planet? I can't find an article dated past August 30th!

BUMP!

 

[MarthaM]

I don't expect we'll hear much of anything until after the next hearing, when he has an attorney.

From looking at the MO court records, it looks like SM's wife filed for divorce on Tuesday.

If I'm not allowed to mention that here, then mods please delete. Or someone tell me and I'll edit myself.

 

[hollyblue]

I don't expect we'll hear much of anything until after the next hearing, when he has an attorney.

From looking at the MO court records, it looks like SM's wife filed for divorce on Tuesday.

If I'm not allowed to mention that here, then mods please delete. Or someone tell me and I'll edit myself.

TY. Do you have a link for the court records Martha. I'd like to bookmark the sight.

Well, I guess she's not affording him a legal councel.

 

[MarthaM]

TY. Do you have a link for the court records Martha. I'd like to bookmark the sight.

It's the same one as before:

https://www.courts.mo.gov/casenet/cases/searchCases.do

 

[MEM2010]

Thinking of you BreeAnn!

 

[tbeldon]

:maddening:Has this case totally dropped off the planet? I can't find an article dated past August 30th!

BUMP!

Yes, that's the last article I've seen locally, too! At least Breeann is at peace and in a better place...we just need justice now!