GUILTY MO - Elizabeth Olten, 9, St Martin's, 21 Oct 2009 #15

[tlcya]

Thoughts of little miss elizabeth today. RIP sweetpea

 

[raisincharlie]

Just an update - and even this is very late - there were several depositions taken a while back by the defense.

http://www.documentcloud.org/documents/15402-alyssa-bustamantes-lawyers-notice-of-depositions.html


I need to pay closer attention to this as it is slowly moving but moving none the less.

 

[2goldfish]

I get very frustrated with all this waiting. <3 miss elizabeth

 

[K.Scarpetta]

Bump.....

 

[Texas Mist]

<snip>

Cole County Judge Patricia Joyce has now scheduled jury selection to begin June 1.

more here

http://www.kansascity.com/2011/02/18/2665853/murder-trial-delayed-until-june.html

 

[UdbCrzy2]

Your article said this too.

The judge also ordered Friday that hearings on possible evidence will be open only to people with what she called "a right to be present," although that phrase was not defined.

I wonder if that means the general public or just the victims or the attorneys and defendant?

 

[UdbCrzy2]

Bustamante's defense team has disclosed to the prosecution its list of witnesses who could be called to testify during the trial. Public Defender Donald Catlett said the list could be added to and declined to say how many witnesses are on the list.
http://www.connectmidmissouri.com/news/story.aspx?id=591777

Court filings
http://www.connectmidmissouri.com/uploadedFiles/krcg/News/Stories/bustamante defense answer(1).pdf

 

[tlcya]

Still here sweety, still watching, still waiting patiently for justice for you.

 

[Capri]

Bustamante's defense team has disclosed to the prosecution its list of witnesses who could be called to testify during the trial. Public Defender Donald Catlett said the list could be added to and declined to say how many witnesses are on the list.
http://www.connectmidmissouri.com/news/story.aspx?id=591777

Court filings
http://www.connectmidmissouri.com/uploadedFiles/krcg/News/Stories/bustamante defense answer(1).pdf

Depositions are scheduled March 16th in the case. The prosecution has asked Highway Patrol Investigator David Rice and Tobie Meyer of the Prenger Family Center in Jefferson City to testify.

from first link. At least it's moving forward now.

 

[AmandaReckonwith]

Motion to suppress was filed at the March 16th hearing.

The defense wants to suppress the statements Alyssa made to officers.
(the confession, etc)

Case archive is updated:
http://s296.photobucket.com/albums/mm166/crankycrankerson/Elizabeth%20Olten%20%20-MO-/

 

[tlcya]

I do not recall, did she have an advocate present during questioning? Does this motion seem to stand a chance?

 

[tlcya]

hhhmmm

sigh. Let the wrangling begin

 

[vjlaw]

I do not recall, did she have an advocate present during questioning? Does this motion seem to stand a chance?

Pretty sure her grandmother was present. Not sure if we ever heard if it was for the full questioning but I believe it was. Also the juvenile officer was present.

 

[tlcya]

ty vjlaw. It has been so long I couldn't recall. The motion seemed pretty canned and boilerplate to me. Will there be a memorandum arguing their stance more fully? Not very versed in crinimal proceedings, we don't do criminal at my office.

 

[vjlaw]

ty vjlaw. It has been so long I couldn't recall. The motion seemed pretty canned and boilerplate to me. Will there be a memorandum arguing their stance more fully? Not very versed in crinimal proceedings, we don't do criminal at my office.

Do you remember ILoveCookies? He posted the grandmother was there. I don't really know about the criminal aspects either. Reading the motion I am guessing the defense just wants the exact information the prosecution has just in case there was any amount of time she wasn't represented can be found out in this motion. Just fishin', maybe. JMO, the better defense does its job, the more airtight the case against her.

 

[UdbCrzy2]

During a hearing in November 2009, a Missouri State Highway Patrol officer testified that Bustamante confessed to killing the girl and led authorities to her body in a well-concealed wooded area. Sgt. David Rice testified that Bustamante told authorities she wanted to know what it felt like to kill someone.

Bustamante&#8217;s attorneys contend the interrogation was coercive for someone of her age, background and physical and mental condition. Their motion to suppress the statements contends she was &#8220;subjected to mental and physical duress&#8221; and was made promises by the officials conducting the questioning, but it does not elaborate on either assertion.

The motion also contends Bustamante was not advised in clear terms of her right to remain silent, that her words could be used against her or that a lawyer could be present during the interrogation.

http://www.newstribune.com/news/2011/mar/18/mo-teenage-murder-suspect-seeks-bar-statements/

~~~~~~~~

It will be interesting to see what the Judge decides. I'm thinking that if they can omit the confession, then they will next try to omit that she led them to the body.

 

[~greeneyedgirl~]

During a hearing in November 2009, a Missouri State Highway Patrol officer testified that Bustamante confessed to killing the girl and led authorities to her body in a well-concealed wooded area. Sgt. David Rice testified that Bustamante told authorities she wanted to know what it felt like to kill someone.

Bustamante’s attorneys contend the interrogation was coercive for someone of her age, background and physical and mental condition. Their motion to suppress the statements contends she was “subjected to mental and physical duress” and was made promises by the officials conducting the questioning, but it does not elaborate on either assertion.

The motion also contends Bustamante was not advised in clear terms of her right to remain silent, that her words could be used against her or that a lawyer could be present during the interrogation.

http://www.newstribune.com/news/2011/mar/18/mo-teenage-murder-suspect-seeks-bar-statements/

~~~~~~~~

It will be interesting to see what the Judge decides. I'm thinking that if they can omit the confession, then they will next try to omit that she led them to the body.

I don't pretend to know anything about the law let alone American law but how can they possibly omit her leading them to Elizabeth if it wasn't for that, who knows if she would have been found...kwim

 

[MsFacetious]

[/B]

I don't pretend to know anything about the law let alone American law but how can they possibly omit her leading them to Elizabeth if it wasn't for that, who knows if she would have been found...kwim

If they determine her confession is not valid... and they determine that her leading them to the body was part of the confession... they may determine it can't be used against her.

Obviously they could say Elizabeth was found dead... but they wouldn't be able to say SHE led them to the body or confessed to killing her.

Basically... it would be very bad for their case.

 

[Bewildered]

Praying for justice for Elizabeth.

 

[UdbCrzy2]

If they determine her confession is not valid... and they determine that her leading them to the body was part of the confession... they may determine it can't be used against her.

Obviously they could say Elizabeth was found dead... but they wouldn't be able to say SHE led them to the body or confessed to killing her.

Basically... it would be very bad for their case.

Next, they will want to eliminate the body too, (just kidding) I'm always amazed at what the defense will come up with or ask for. With it being such a serious crime (murder) I'd be very surprised if the Judge rules to throw out that she led them to the body.