NC NC - Madalina Cojocari, 11, parents reported missing Dec 15, last seen at home, Cornelius, 23 Nov 2022

[Carovb5]

Well, even more insulting, the mother's parents actually shooed reporters away.
[giving shoo-shoo hand signal]

Don’t forget they’re from another country. They aren’t used to American press, maybe English and surely how to react on a situation like this.
I’m from Europe and can tell you the reaction of people leaving the courtroom is often a lot different to American people.

 

[SouthAussie]

She's in jail now, what's stopping her from coming clean?

Maybe fear of deportation?

I don't know if DC is a mail order bride, but there is an essay (with references) published via this Columbia University article that states "..... not well acquainted with is immigration law. Because they oftentimes do not understand these laws, these women are in perpetual fear of deportation and thus they are less likely to confront their husbands or turn to law-enforcement officials, both of which they view as parties who could deport them".

It also states "Studies commissioned by the United States Congress found that domestic violence rates could be very high (77% in one study) in marriages between mail-order brides and lawful permanent resident men" .

Columbia University Libraries: A Cultural Psychology Perspective

Maybe if she felt 'safe' she would talk? As others have mentioned, she doesn't seem to be offering any kind of semi-believable story. I think it is significant that there was a fight, Madalina disappeared, husband took off for Michigan.

 

[SherryLock]

If she has any information at all, about the whereabouts of her daughter, would an attorney actually tell their client to keep their mouth shut, or tell LE all they know?

My guess is that answer might vary a lot depending on if Madalina is alive or not. Ugh, I hate even saying that.

 

[mooseandcoffee]

RSBM

A child is missing, her parents refuse to assist LE in locating her, and extended family tells media to go away.
Yep, seems reasonable to me.

The heck is wrong with these people?

They could have been asking for space from the media. As far as we know, the extended family hasn't done anything wrong.

 

[mooseandcoffee]

I think you are right. I looked up "APT" and it appears to just mean "appointed," but it does seem different from her "PD" (public defender).

So, he hires a private attorney for himself but leaves his wife to get a public defender? Looks like a rift is developing between them right there, if you ask me. Hmm...

If the one attorney is appointed, he/she could just be from the private appointment list. Maybe there is a conflict of interest for the PD office to both be defending the couple? I don't know.

 

[KPO]

I think that anyone openly speculating that DC may have been the victim of DV is doing so because that might explain the otherwise totally inexcusable reason for not reporting her child missing. I get that, and I appreciate the complexities of a situation where that might be the case. As much as I can "get" it, that is.

<Snipped for focus>

I understand why people are speculating and trying to make some sort of sense of the mother's actions. But you stated "because that might explain the otherwise totally inexcusable reason for not reporting her child missing".

Many of the posts with this speculation say something of that nature. IMO, knowing that there was abuse wouldn't make this situation any more palatable. It wouldn't "explain" this particular case and the reason would still be totally inexcusable.

That is not my viewpoint for all cases. Abuse can be a mitigating factor as to why a person did or didn't behave rationally. I do have sympathy in some cases where a child was harmed and a parent could have done something differently to change the outcome but didn't for reasons relating to abuse. I simply don't feel that way in this case.

 

[KPO]

If the one attorney is appointed, he/she could just be from the private appointment list. Maybe there is a conflict of interest for the PD office to both be defending the couple? I don't know.

That does seem to be true. The Public Defender's office does not represent co-defendants in the same matter. Most often, they are appointed to represent one client, and a private attorney is appointed to represent the other.

 

[KPO]

If she has any information at all, about the whereabouts of her daughter, would an attorney actually tell their client to keep their mouth shut, or tell LE all they know?

My best guess is that a good attorney would go over exceptions to attorney-client privilege with the client in advance. They would make it clear that if X, Y or Z is told to them, they would have to disclose that.

The Crime-Fraud Exception to the Attorney-Client Privilege

The attorney-client privilege does not cover statements made by a client to a lawyer that are meant to further or conceal a crime or often fraud.

www.justia.com

 

[Parsnip]

Just a reminder that the American criminal justice system is adversarial, not fact-finding. MOO. Wish it were otherwise on this case, but we do not get to pick and choose.

 

[KPO]

Just thinking aloud, but if it is believed that CP did something with Madalina after a crime occurred, he has a crucial piece of evidence needed by LE. IMO, DC knows what happened and helped to cover it up but I doubt that she knows the EXACT whereabouts of Madalina at this time.

Even if LE can somewhat trace CP's travel through camera footage or stops for gas, they still won't necessarily know where he stopped for a period of time. (Assuming he turned his cell phone/GPS off)

CPD mentioned in their last update that they were doing everything that can legally be done and going through the necessary authoritative steps to collect evidence. Given that the case is about a missing child, I would expect that they would be able to quickly subpoena mobile phone records. I haven't seen any news stories about search teams being seen anywhere along the NC to MI route. Has anyone else?

 

[Parsnip]

Respect to all who have theories that M is still alive. Respect to all who think that DC has been abused and will not speak as a result of fear/trauma. Glad to be on WS because these theories are not my own, but they are borne of thoughtful speculation.

I do think M is gone, and I do think one or more likely both of her caregivers know where she is.

My question: what pressure…plea? grand jury? Lie detector? Witness statement? Blood evidence? Will sway one or the other to give up her location. I’ve heard nothing about searches in the past few days. I think LE knows she is gone. But where do they look? Where is Madalina? How will LE ever find her?

 

[KPO]

DC's attorney, Susan Weigand, represents child abuse felony cases. Christopher Durant, Michael Walker, Irwin Feldman, Angelo Grayson Smith JR, Basheba Freeman, Michael Howell, etc. Curtis Anthony Todd is the oldest case that I can find - 1987. These are all murder cases. I don't know her track record but she appears to have 35+ years as a PD.

 

[KPO]

Respect to all who have theories that M is still alive. Respect to all who think that DC has been abused and will not speak as a result of fear/trauma. Glad to be on WS because these theories are not my own, but they are borne of thoughtful speculation.

I do think M is gone, and I do think one or more likely both of her caregivers know where she is.

My question: what pressure…plea? grand jury? Lie detector? Witness statement? Blood evidence? Will sway one or the other to give up her location. I’ve heard nothing about searches in the past few days. I think LE knows she is gone. But where do they look? Where is Madalina? How will LE ever find her?

My thoughts exactly. And yes, I hate using the actual words but I believe M is gone too. I think CP is the only one that will be able to say where she is. I pray that she is found and I pray there is enough evidence against the parents even if she isn't found.

What are they allowed to ask in lie detector tests? Can they ask specifics like "did you bury her in NC", "did you bury her in OH"?

 

[arisam]

Respect to all who have theories that M is still alive. Respect to all who think that DC has been abused and will not speak as a result of fear/trauma. Glad to be on WS because these theories are not my own, but they are borne of thoughtful speculation.

I do think M is gone, and I do think one or more likely both of her caregivers know where she is.

My question: what pressure…plea? grand jury? Lie detector? Witness statement? Blood evidence? Will sway one or the other to give up her location. I’ve heard nothing about searches in the past few days. I think LE knows she is gone. But where do they look? Where is Madalina? How will LE ever find her?

I'm still of the opinion that there's some fear of potential deportation, depending on DC's immigration and citizenship status. If that's a part at play, I think maybe a guarantee that "any time served would be in an American prison"/"You will not be deported." Add that to "We'll downgrade charges if you testify against the other," and you can probably get someone to talk.

Just my speculation. As far as I know, state courts couldn't promise that anyway -- which might be why no one's talking.

 

[Parsnip]

What are they allowed to ask in lie detector tests? Can they ask specifics like "did you bury her in NC", "did you bury her in OH"?

RSBM
AFAIK, they can ask any old thing they like, but the results are not admissible in a criminal trial. However, it can be a pressure tactic, imo.

 

[KPO]

Why did the two accused not have to appear for their hearing? Were they permitted to opt-out and their attorneys appeared before the judge in their place?

I believe video appearances are allowed for first appearances, arraignments and bond hearings in Mecklenburg County.

 

[KPO]

RSBM
AFAIK, they can ask any old thing they like, but the results are not admissible in a criminal trial. However, it can be a pressure tactic, imo.

They aren't admissible and they aren't always accurate but it sure would be nice to attempt to narrow down where to look for Madalina.

 

[sleuth_truths]

I do believe we can ethically discuss general abuse since (as you stated yourself) neglect is indeed abuse, and they've been arrested for such neglect.
Moo

Agreed. I was referring to accusations of one of the parents abusing the other since, as stated, neglect of a child IS abuse (having spent many years as a Guardian Ad Litem, it is specifically stated as such in the laws of my state).

 

[lonetraveler]

I guess I would place that in the category of harm, but, yes, that theory allows the wonderful, hopeful possibility of rescue.
Burning couches, though.
JMO

Yes, the burning couch stands out like a sore thumb.

 

[Parsnip]

I'm still of the opinion that there's some fear of potential deportation, depending on DC's immigration and citizenship status. If that's a part at play, I think maybe a guarantee that "any time served would be in an American prison"/"You will not be deported." Add that to "We'll downgrade charges if you testify against the other," and you can probably get someone to talk.

Just my speculation. As far as I know, state courts couldn't promise that anyway -- which might be why no one's talking.

I don’t think a DA can make any promises, except reduced charges and arguing for lower sentencing recommendations to the judge. Ultimately, the judge decides the sentence, imo.