GUILTY MO - Hailey Owens, 10, Springfield, 18 Feb 2014 #3

[jggordo]

I'm not sure it would be to protect the trust as much as protect CMW from death.
Not trying to be dumb here but why would that be conflict of interest? Attorneys talk all the time off the record.

Again, just my opinion.

http://www.kspr.com/news/local/accu...-appearance-in-court/21051620_24599206?item=0

CMW is telling the court that he cannot afford a private attorney. The prosecutor feels that he can. If the public defender that the state/county is paying for is taking direction from a private attorney that the defendant supposedly cannot afford, I believe that is a conflict.

The defendant would be trying to have it "both ways" IMO. And I believe the prosecuting attorney would look at it that way too.JMO

Assistant prosecutor Todd Myers challenged Wood's use of a public defender after he said police found evidence of a $1 million trust in Wood's name.

"I think he can afford his own attorney," Myers said.

Hatley replied that he appreciated the prosecutor's concern for Wood's rights but that "it's frankly none of his business."

Imhof said he would consider the matter before the hearing on March 19.

 

[Bookkeeper]

Hopefully they are checking that. Also, so many apps allow you to play with others that you don't know. Can they even check into that? Or is it untraceable? She was home sick that day, which would give lots of time for games or texting. Of course he was at work, but perhaps in ISS he had time to be on his phone.

Another cell phone related question, if she had her phone when abducted, as I believe the eyewitnesses stated, then couldn't the police have traced her that way, even without the Amber alert?



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Yes, the playing with others that they don't know is exactly what happened to a co-worker's friend. The friend's 12 y/o son was playing online and became acquainted with someone. The 12 y/o had even given out personal information. His mom only became aware when she found the son sleeping with his cell phone. They ended up turning over computers, phones, devices, etc. to LE. It turned out that the boy's new acquaintance was a registered SO in Indiana. Who knows how far this would have gone.

 

[PoirotryInMotion]

Hopefully they are checking that. Also, so many apps allow you to play with others that you don't know. Can they even check into that? Or is it untraceable? She was home sick that day, which would give lots of time for games or texting. Of course he was at work, but perhaps in ISS he had time to be on his phone.

Another cell phone related question, if she had her phone when abducted, as I believe the eyewitnesses stated, then couldn't the police have traced her that way, even without the Amber alert?

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Some good points raised...I've wondered if the cell phone ended up on the pavement when she was abducted. From witnesses accounts, she struggled and put up a fight.

 

[Sunkist]

Yes, the playing with others that they don't know is exactly what happened to a co-worker's friend. The friend's 12 y/o son was playing online and became acquainted with someone. The 12 y/o had even given out personal information. His mom only became aware when she found the son sleeping with his cell phone. They ended up turning over computers, phones, devices, etc. to LE. It turned out that the boy's new acquaintance was a registered SO in Indiana. Who knows how far this would have gone.

That is scary! At least it sounds like they can trace that sort of thing.



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[jggordo]

03/03/2014 Hearing/Trial Cancelled
Scheduled For: 04/23/2014; 1:15 PM ; JASON R BROWN; Greene

Hearing/Trial Cancelled
Scheduled For: 03/19/2014; 9:00 AM ; JASON R BROWN; Greene

Order for Change of Judge
PROSECUTING ATTORNEY'S APPLICATION FOR CHANGE OF JUDGE SUSTAINED. CASE TO BE REASSIGNED. REAPP AND PRELIMINARY HEARING DATES STRUCK. JRB/jlf FILE SENT THE CLERKS OFFICE THROUGH THE INTERNAL QUEUE FOR PROCESSING. jlf
Associated Entries: 02/28/2014 - Motion Hearing Scheduled


Scheduled For: 03/07/2014; 9:00 AM ; JASON R BROWN; Greene
Well, it's the courts.mo.gov/casenet update for today. To use this public court website you must enter CMW's name in appropriate areas.

Anybody know how many Judges they have to choose from in that court? If they keep this up they are going to have to "spin the wheel". lol JMO

 

[PoirotryInMotion]

03/03/2014 Hearing/Trial Cancelled
Scheduled For: 04/23/2014; 1:15 PM ; JASON R BROWN; Greene

Hearing/Trial Cancelled
Scheduled For: 03/19/2014; 9:00 AM ; JASON R BROWN; Greene

Order for Change of Judge
PROSECUTING ATTORNEY'S APPLICATION FOR CHANGE OF JUDGE SUSTAINED. CASE TO BE REASSIGNED. REAPP AND PRELIMINARY HEARING DATES STRUCK. JRB/jlf FILE SENT THE CLERKS OFFICE THROUGH THE INTERNAL QUEUE FOR PROCESSING. jlf
Associated Entries: 02/28/2014 - Motion Hearing Scheduled


Scheduled For: 03/07/2014; 9:00 AM ; JASON R BROWN; Greene
Well, it's the courts.mo.gov/casenet update for today. To use this public court website you must enter CMW's name in appropriate areas.

Anybody know how many Judges they have to choose from in that court? If they keep this up they are going to have to "spin the wheel". lol JMO

Well, I'm not real sure how the system works, but they've gone through two Circuit 31 judges and according to the Bluebook site, there are 2 judges left in Circuit 31 (Greene Cty):

Circuit 31—Division 23
MARK F. FITZSIMMONS

Circuit 31—Division 24
MARK POWELL

 

[jggordo]

Out of all the cases I have followed in the courtrooms, I have never seen prosecutors or defense attorneys ask for new judges this way. And any time they did, they had to demonstrate some just cause. And to do it twice before even a preliminary hearing, I just don't get. AND the judges are going along with it, which is more bizarre.

 

[gregjrichards]

Out of all the cases I have followed in the courtrooms, I have never seen prosecutors or defense attorneys ask for new judges this way. And any time they did, they had to demonstrate some just cause. And to do it twice before even a preliminary hearing, I just don't get. AND the judges are going along with it, which is more bizarre.

It is very strange I agree. You should not be able to switch judges to get the one who you think will be the most lenient. There should be a valid legal reason for a change of judge request to be granted.

 

[tlcya]

http://www.kspr.com/news/local/accu...-appearance-in-court/21051620_24599206?item=0

CMW is telling the court that he cannot afford a private attorney. The prosecutor feels that he can. If the public defender that the state/county is paying for is taking direction from a private attorney that the defendant supposedly cannot afford, I believe that is a conflict.

The defendant would be trying to have it "both ways" IMO. And I believe the prosecuting attorney would look at it that way too.JMO

Assistant prosecutor Todd Myers challenged Wood's use of a public defender after he said police found evidence of a $1 million trust in Wood's name.

"I think he can afford his own attorney," Myers said.

Hatley replied that he appreciated the prosecutor's concern for Wood's rights but that "it's frankly none of his business."

Imhof said he would consider the matter before the hearing on March 19.

SO Hatley is the PD currently assigned to Woods until the matter of whether Woods can afford to private pay for his defense is decided. So where is a private attorney coming into play who is giving direction to Hatley?

Hatley = PD
Patterson = Pros atty (who is not mentioned by title anywhere in the article, just quoted using last name and we are just supposed to know already I guess, sigh)
Meyers = Asst Pros
IMhof = current judge assigned
Deputy ME = Van De Berg (poorly written there btw described as Deputy Greene County Medical Examiner rather than Green County Deputy Medical Examiner)
Woods = perp
Hailey Owens = victim
Police Dept spokesman = Lisa Cox
Gary Tew = principal at Hailey's school (Westport Elementary)

Out of all the cases I have followed in the courtrooms, I have never seen prosecutors or defense attorneys ask for new judges this way. And any time they did, they had to demonstrate some just cause. And to do it twice before even a preliminary hearing, I just don't get. AND the judges are going along with it, which is more bizarre.

This IS weird to me. It is not at ALL uncommon to ask for change of venue, different judge, etc in high profile cases. But some grounds for asking is usually cited. Something. ?

It is very strange I agree. You should not be able to switch judges to get the one who you think will be the most lenient. There should be a valid legal reason for a change of judge request to be granted.

Was/is any statute cited as the argument?

 

[al66pine]

tlcya

Thanks for your 'cast of characters' in your post above in #109.
Hope you don't mind if I ask a Mod to post it on post #1
(or other place, as approp) of this thread et seq.
This will be a handy reference as time passes.

thx agn.

 

[tlcya]

Long time no post together alp66pine good to see you.

 

[PoirotryInMotion]

tlcya

Thanks for your 'cast of characters' in your post above in #109.
Hope you don't mind if I ask a Mod to post it on post #1
(or other place, as approp) of this thread et seq.
This will be a handy reference as time passes.

thx agn.

Great idea. Just a thought; you might want to leave "current judge" blank for a bit. Imhof was current last week, and Jason Brown current over the weekend. But apparently he's out now, too.

 

[tlcya]

thanks poriot, you are right I had the two judges confused.

 

[PoirotryInMotion]

thanks poriot, you are right I had the two judges confused.

Easily done; as jggordo says, it's becoming hard to keep up with!

 

[Tokalu]

A little off topic, but just drove by the CW residence and there was a light on in the house, and the blinds were up a little where you could see in minimally. I wonder if there's someone staying at the home. That, or they're leaving a light on to deter someone from breaking in. Although I suppose that law enforcement could still be collecting evidence.

 

[SStarr33]

A little off topic, but just drove by the CW residence and there was a light on in the house, and the blinds were up a little where you could see in minimally. I wonder if there's someone staying at the home. That, or they're leaving a light on to deter someone from breaking in. Although I suppose that law enforcement could still be collecting evidence.

There is no way I could stay there. That's creepy.

 

[PoirotryInMotion]

A little off topic, but just drove by the CW residence and there was a light on in the house, and the blinds were up a little where you could see in minimally. I wonder if there's someone staying at the home. That, or they're leaving a light on to deter someone from breaking in. Although I suppose that law enforcement could still be collecting evidence.

Is the crime scene tape still up?

 

[jggordo]

03/04/2014 Judge Assigned
CASE ASSIGNED TO JUDGE POWELL. SENT TO COURT FOR REVIEW /MNM
Well, it appears that it's time for Judge Powell to take his turn at this trial. This is the courts.mo.gov/casenet so far for today. I would imagine he will look at his schedule and set new prelim times etc., we'll see I guess. JMO

03/04/2014 Preliminary Hearing Scheduled
Scheduled For: 04/02/2014; 9:00 AM ; MARK A POWELL; Greene

Judge/Clerk - Note
CASE RECEIVED IN DIVISION 24. PRELIMINARY HEARING SET 4-2-14 AT 9:00 AM. CLERK TO NOTIFY. MAP/hep ****PARTIES NOTIFIED ELECTRONICALLY*****
**this was added later in the day**

 

[Tokalu]

There is no crime scene tape, and the tarp is gone from the porch.

It was just eerie to see the house lit up. And why the blinds were up is beyond me.

I want to note that although this street is nice, clean, and for all intents and purposes a safe place, it was interesting to see that people who live around there seem very private and perhaps not very neighborly. A lot of professional people live around there, people that are away from home most of the time. Not exactly the kind of neighborhood where certain activities would be paid attention to. I think CW could have committed other crimes at the residence easily and without detection.

Just goes to show evil lurks in the most ordinary places.

 

[4SAM]

With so much publicity here in Springfield, would they try to move the trial to another county? Could that be the reason for changing judges? To use all in the area? Also in regards to the house, seems that the police would have some sort of "security" on it since now everyone knows where the house is and would like to keep the scene as it was. In the movies, they take the jury to the scene, so do they do that in real life?