NC NC - Faith Hedgepeth, 19, UNC student, Chapel Hill, 7 Sep 2012 #3

[Webthrush]

His palm print was found on the murder weapon, so it's not likely that the case is falling apart. Like i said before, these case's take years to come to trial, and if the suspect decides to plead, then we may never get new info about what really happened.

I know "a palm print" was on murder weapon but last I remember they had not yet confirmed that it matched MESO, or do others recall that confirmation coming? ...details of this case are rapidly fading from my memory
Also, my bigger concern is that IF 2 perps were involved, and tell 2 very different stories, it may be hard to untangle who gets charged with delivering the murderous blow and who gets charged as an accessory.

 

[raiders444]

Out of sheer boredom i googled "North Carolina speedy trial" and found this-

Speedy Trial | NC PRO.

I found parts 2+3 interesting:

6th Amendment (Speedy Trial)
The Sixth Amendment right to a “speedy and public trial” applies only to post-accusation delays, so it is not triggered until criminal prosecution begins and a person is “formally accused” by indictment or arrest, whichever occurs first.

Remedy for Constitutional Violation
If the defendant shows that he or she has been denied a speedy trial under the state or federal constitution, the court must dismiss the charges with prejudice. G.S. 15A-954(a)(3) (court "must dismiss" the case if "[t]he defendant has been denied a speedy trial as required by the Constitution of the United States and the Constitution of North Carolina");

So if MESO has been sitting in jail now for what, 8 months? with no traction on this...if I am his lawyers I'm looking hard at that violation of speedy trial rights. Can't understand why there have been NO statements on this considering how high profile of a crime its been through the years

 

[Skigirl]

Out of sheer boredom i googled "North Carolina speedy trial" and found this-

Speedy Trial | NC PRO.

I found parts 2+3 interesting:

6th Amendment (Speedy Trial)
The Sixth Amendment right to a “speedy and public trial” applies only to post-accusation delays, so it is not triggered until criminal prosecution begins and a person is “formally accused” by indictment or arrest, whichever occurs first.

Remedy for Constitutional Violation
If the defendant shows that he or she has been denied a speedy trial under the state or federal constitution, the court must dismiss the charges with prejudice. G.S. 15A-954(a)(3) (court "must dismiss" the case if "[t]he defendant has been denied a speedy trial as required by the Constitution of the United States and the Constitution of North Carolina");

So if MESO has been sitting in jail now for what, 8 months? with no traction on this...if I am his lawyers I'm looking hard at that violation of speedy trial rights. Can't understand why there have been NO statements on this considering how high profile of a crime its been through the years

I know a victim of a crime in Durham County whose case has been pending for three years even though there is a signed confession. Various things have held it up, including talks about a plea.

 

[CADwrest]

Out of sheer boredom i googled "North Carolina speedy trial" and found this-

Speedy Trial | NC PRO.

I found parts 2+3 interesting:

6th Amendment (Speedy Trial)
The Sixth Amendment right to a “speedy and public trial” applies only to post-accusation delays, so it is not triggered until criminal prosecution begins and a person is “formally accused” by indictment or arrest, whichever occurs first.

Remedy for Constitutional Violation
If the defendant shows that he or she has been denied a speedy trial under the state or federal constitution, the court must dismiss the charges with prejudice. G.S. 15A-954(a)(3) (court "must dismiss" the case if "[t]he defendant has been denied a speedy trial as required by the Constitution of the United States and the Constitution of North Carolina");

So if MESO has been sitting in jail now for what, 8 months? with no traction on this...if I am his lawyers I'm looking hard at that violation of speedy trial rights. Can't understand why there have been NO statements on this considering how high profile of a crime its been through the years

Like Skigirl said above, cases can take quite a long time to get resolved, and it’s not necessarily the prosecution stretching things out. I can almost guarantee the public defender is doing everything possible to cut some kind of deal and stay out of court, since it’s not likely to go well.
Since this is such a high-profile case, though, I really can’t see the DA offering much, especially with the death penalty already off the table. I guess it’ll come down to how solid they feel their case is.

 

[PrairieWind]

Out of sheer boredom i googled "North Carolina speedy trial" and found this-

Speedy Trial | NC PRO.

I found parts 2+3 interesting:

6th Amendment (Speedy Trial)
The Sixth Amendment right to a “speedy and public trial” applies only to post-accusation delays, so it is not triggered until criminal prosecution begins and a person is “formally accused” by indictment or arrest, whichever occurs first.

Remedy for Constitutional Violation
If the defendant shows that he or she has been denied a speedy trial under the state or federal constitution, the court must dismiss the charges with prejudice. G.S. 15A-954(a)(3) (court "must dismiss" the case if "[t]he defendant has been denied a speedy trial as required by the Constitution of the United States and the Constitution of North Carolina");

So if MESO has been sitting in jail now for what, 8 months? with no traction on this...if I am his lawyers I'm looking hard at that violation of speedy trial rights. Can't understand why there have been NO statements on this considering how high profile of a crime its been through the years

It is entirely possible that MESO has signed a Waiver of Speedy trial. That is quite common. It gives his attorneys time to gather more information and prepare a defense.

 

[fluffypaste]

At this point I've accepted that someone has clearly made a decision that no new information will be released until the time of the trial or whenever a plea deal has been concluded. And as others have pointed out, that could be years.

 

[Doghairrules]

At this point I've accepted that someone has clearly made a decision that no new information will be released until the time of the trial or whenever a plea deal has been concluded. And as others have pointed out, that could be years.

Agreed. But it's also so very weird. I've never known this little about an arrest in a high profile murder case.

 

[Boodles]

Interesting, well kinda, but Chapel Hill police chief Chris Blue is retiring December 31st. Even though they arrested that guy, I don’t feel this case is solved, not at all. Something stinks about the whole way it has been handled and (not) communicated. I doubt we’ll ever know what really happened that night/morning. I just hope those involved don’t sleep at night and that karma catches up with him/them.

Chapel Hill Police Chief Chris Blue reflects on 25 years in law enforcement ahead of December retirement :: WRAL.com

Chapel Hill Police Chief Chris Blue is retiring on December 31st.

www.wral.com

 

[Webthrush]

I totally agree with Boodles (was about to write the same thing)... hope those who think this is just normal legal delays are right, but sure seems fishy to me. And Blue retiring possibly before this case is back in the news, let alone goes to trial, could be perfectly normal... or could be kinda odd. Feel so bad for Faith's friends/family still being put through this. (No matter where you look around the country just seems like the legal system is horribly broken.)

 

[Simplestarz86]

I totally agree with Boodles (was about to write the same thing)... hope those who think this is just normal legal delays are right, but sure seems fishy to me. And Blue retiring possibly before this case is back in the news, let alone goes to trial, could be perfectly normal... or could be kinda odd. Feel so bad for Faith's friends/family still being put through this. (No matter where you look around the country just seems like the legal system is horribly broken.)

I think it is disgusting they use Faith's name in the same sentence as Chris Blue solved her case. Sure didn't solve it. Hurried an arrest so it would look good upon retiring. Blue grew up in CH. I don't trust him or CHPD. I think Blue checked out long ago. All is JMO.

 

[CADwrest]

I doubt we’ll ever know what really happened that night/morning.

RSBM
I sorta have a bad feeling in that direction myself.
If it goes to trial, the prosecution will at least put forward their theory of the case, and we'll get to hear their evidence for it.
Probably the best case scenario would be a plea deal where he confesses and spells out exactly what went down (if he even knows himself; I have an inkling he was drunk/high himself at the time.)
(And that raises the question: What do you want more, him to be punished to the maximum extent possible, or have him say what happened? Because we almost certainly won't get both.)
One way or another, it's probably going to be a long time before we know.

 

[raiders444]

You all raise interesting points! The one thing I can't seem to wrap my head around lately is why is there no media coverage of any of this in months. I turn on WRAL and am bombarded endlessly with weather updates. The wind goes sideways and we get an hour long special about it. It's like they need more content to fill their time slots...sooo...how about they start rattling some chains over at CHPD for updates? It feels as if there was a gag order sent out that we aren't privy to - Do not cover this case or something. Head scratcher!

 

[Boodles]

I think it is disgusting they use Faith's name in the same sentence as Chris Blue solved her case. Sure didn't solve it. Hurried an arrest so it would look good upon retiring. Blue grew up in CH. I don't trust him or CHPD. I think Blue checked out long ago. All is JMO.

Completely agree!!

 

[fluffypaste]

Completely agree!!

I think it is disgusting they use Faith's name in the same sentence as Chris Blue solved her case. Sure didn't solve it. Hurried an arrest so it would look good upon retiring. Blue grew up in CH. I don't trust him or CHPD. I think Blue checked out long ago. All is JMO.

What's the basis for saying that Blue "hurried an arrest so it would look good upon retiring"? It's been over 9 years since Faith was murdered, this was anything but a rushed arrested.

 

[Simplestarz86]

What's the basis for saying that Blue "hurried an arrest so it would look good upon retiring"? It's been over 9 years since Faith was murdered, this was anything but a rushed arrested.

“According to WTVD, investigators obtained the suspect’s DNA without his consent during a DWI traffic stop two days before the announcement, according to the report.”
BBM. After 9 years and this guy could get out due to obatining DNA w/o consent from MIguel. So, yes, in my opinion an arrest was hurried and possibly botched-just like the investigation from day 1. JMO. Can you imagine how the family feels?! An arrest made but could get out on a technicality or time served, or a lesser charge. <modsnip> Justice for Faith.
ETA link: Court documents reveal how suspect was linked to Faith Hedgepeth’s 2012 murder

 

[fluffypaste]

“According to WTVD, investigators obtained the suspect’s DNA without his consent during a DWI traffic stop two days before the announcement, according to the report.”
BBM. After 9 years and this guy could get out due to obatining DNA w/o consent from MIguel. So, yes, in my opinion an arrest was hurried and possibly botched-just like the investigation from day 1. JMO. Can you imagine how the family feels?! An arrest made but could get out on a technicality or time served, or a lesser charge. <modsnip>Justice for Faith.
ETA link: Court documents reveal how suspect was linked to Faith Hedgepeth’s 2012 murder

If they had a warrant to collect his DNA, then I don't think his consent is an issue here.

 

[CADwrest]

If they had a warrant to collect his DNA, then I don't think his consent is an issue here.

I was thinking something similar.
They were already apparently onto him because of the genetic ancestry work they'd been doing; at a guess, they didn't get a warrant to compel him to give a sample of his DNA then because they were worried it wouldn't stand up to review. But when they caught him driving drunk, it gave them a legally rock-solid reason to get it.

 

[fluffypaste]

I was thinking something similar.
They were already apparently onto him because of the genetic ancestry work they'd been doing; at a guess, they didn't get a warrant to compel him to give a sample of his DNA then because they were worried it wouldn't stand up to review. But when they caught him driving drunk, it gave them a legally rock-solid reason to get it.

I have a slightly different belief. I believe they felt they needed to get MESO's DNA surreptitiously because if they didn't, he might flee or do something violent as soon as he knows the DNA is going to be tested.

I am aware of a case from Alaska where a teenage girl was murdered. A man was arrested and tried for the murder soon after her body was discovered, but thankfully he was acquitted. Many years later, the real killer was identified using genetic family DNA or whatever it is called. The guy blew his own head off with a shotgun less the 24 hours after his DNA was collected, before the sample could even be sent to lab.

 

[Skigirl]

Agreed. But it's also so very weird. I've never known this little about an arrest in a high profile murder case.

The prosecutors in the Eve Carson case kept a lot of details close to the vest, only revealing them at trial, including about what exactly happened, what evidence they had, and how they identified the two killers.

I imagine that there is quite a bit of evidence collected that never came up during Eve Carson's trial and there's still a lot we don't know that we will probably never know.

I really want to know more about what led to the arrest, and what prosecutors/LE think happened that night, but I'm not terribly surprised that they are being tight-lipped.

 

[Doghairrules]

The prosecutors in the Eve Carson case kept a lot of details close to the vest, only revealing them at trial, including about what exactly happened, what evidence they had, and how they identified the two killers.

I imagine that there is quite a bit of evidence collected that never came up during Eve Carson's trial and there's still a lot we don't know that we will probably never know.

I really want to know more about what led to the arrest, and what prosecutors/LE think happened that night, but I'm not terribly surprised that they are being tight-lipped.

Right. But not super basic stuff. This is from the day they were arrested. Now contrast that with the article about this arrest:

UNC Murder Suspect Tied to Duke Slaying

Cops say one suspect arrested in the UNC murder also killed a Duke grad student.

abcnews.go.com