New Developments and General Discussion, 08/10/2012

[CajunStrong]

I know next to nothing about law but I can't see how the fact that he is a tier 3 RSO would be kept from the jurors? That's a big part of motive. I can see previous convictions but not that. Any in law know whether this is possible? I've never heard if this in any murder trial if a RSO before. ???

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I know plenty about law as I started out in law school prior to switching careers. It happens all of the time. The defense team does not want prior offenses to prejudice the jury. They want the jury to convict on the facts of this case only.

If a jury is aware that Brandon has a prior conviction as a sexual offender and is charged in the murder of another woman, it will sway their opinions towards guilty vs basing his conviction on the facts of just Mickey's case alone. They do not want a juror to think that, well, he did it before so he probably did it again.

Unfortunately, many dangerous people have been found not guilty or guilty of lesser offenses because this information is often withheld.

The statement made by the police that all three cases were very similar, or something to that effect, is part of them trying to bring prior arrests and convictions into the trial. If Mickey's and Lisa's and the orginal victims cases are committed in the same way then it may be allowed.

 

[hsmom2]

If they could tally that w/ the GPS???? Maybe we could close some cases. As many of us feel, it aint his first rodeo.

Just getting caught up, so this is late as usual. I don't know about BSL's truck but in our case, we have a Chevy p'up and every month I get an email with mileage, oil life, current tire pressure, next scheduled maintenance due, and minutes left on truck phone. Probably other things that I can't remember, anyway point being OnStar knows a lot about your GM vehicle and mileage is just one thing.

 

[CajunStrong]

If you research recidivist or habitual-criminal statutes you will see many cases where prior offenses were or were not allowed.

 

[Peliman]

Pardon me for interjecting here it's Louisiana law and I'm unaware of the codes but I'd imagine if he had an attorney he entered into something like a proffer agreement.

Better explained here.

http://www.hg.org/article.asp?id=5212

 

[CajunStrong]

This is a great study to read on the issue of prejudicing the jury:

"Sex offense convictions are extraordinarily prejudicial—overwhelming
evidence shows that sex offenders are the most feared and despised group
in this country—and these convictions are not particularly probative of
credibility. Yet judges rarely acknowledge this when comparing the
probative value of past sex crime convictions to their prejudicial effect on
jurors. This failure undermines evidentiary principles that are fundamental
to our system of criminal justice. A defendant who previously was
convicted of a sex offense is left with three bad choices: he or she can
accept a plea bargain regardless of actual guilt; go to trial but decline to
testify; or testify, but lose the jury’s goodwill when the sex crime conviction
is presented. An acquittal based on valid reasonable doubt becomes much
less likely."

http://www.law.northwestern.edu/jclc/backissues/v100/n1/1001_213.Rickert.pdf

 

[CajunStrong]

Pardon me for interjecting here it's Louisiana law and I'm unaware of the codes but I'd imagine if he had an attorney he entered into something like a proffer agreement.

Better explained here.

http://www.hg.org/article.asp?id=5212

Do you think so? I thought they were very rare and unlikely for someone such as Brandon.

I know little about proffer agreements.

 

[NewYork625]

I really want to look at the I-49 murders to see if they correlate w/ his time in Leesville, in particular the disappearance from the Lena truckstop.

Link to the "more victims?" sub-thread:
http://www.websleuths.com/forums/showthread.php?t=179400&page=9

 

[Peliman]

Do you think so? I thought they were very rare and unlikely for someone such as Brandon.

I know little about proffer agreements.

Well I don't really know but it's possible prosecutors might only agree to a plea deal of life if he fully cooperated. Prosecutors won't even make that determination until later. It is a bit early but it's a tool to use to gain information from a defendant.

It's a really risky tool to enter into...

 

[Crimson clover]

My faith and belief in goodness in fellow man so much wants to believe he accidentally killed her, and he panicked thinking with his history that no-one would believe him. That he chose when he disposed of the bike that Mickey deserved a decent place to rest in peace and the bayou was not that place. That he chose that quiet, peaceful little cemetery amongst beautiful pines as a place to bury Mickey because she was beautiful and deserved more than the bayou. And if he did undress her, chose to cover her back up.

But I also know that each person is made differently, my thoughts are not his, and his thoughts and rationale for doing things the way he did probably are at the opposite end of a spectrum than mine.

Boudin, I just logged on this evening, and your post was the very first I've read. Threw me for a loop immediaetley! Only since Ms. Mickey's body has been confirmed, has my sentiments altered from the first day, May 19th. Your initial words...faith and belief in goodness...sparked a feeling in me that I needed to respond.
From day one of Ms. Mickey's disappearance, anguish and unrest set in amongst our family. My sisters, daughter, neice...hang the *advertiser censored* by the b***s on Parc San Souci. And we all followed each day. Any newspaper, website, couldn't get enough information. Waiting...hoping...praying.
And then BSL. Hang the *advertiser censored* by the b***s.
And then there are moments where my 'faith and belief in goodness' kick in, and I know I am wrong.
I am a mother, and grandmother, with a strong Cajun upbringing 'if some of you know what i mean'...and I myself have faced what i consider deep, dark evil from someone I considered a fatal threat to my child.
I detest crime. I detest child molesters. I detest sex offenders. I just sometimes get slapped in the face with 'faith and belief in goodness'.
I continue to pray for Ms. Mickey's family and loved ones. For peace.
And I'll probably be there should the event occur at the town square.

How do you all say...JMO!

 

[CajunStrong]

Well I don't really know but it's possible prosecutors might only agree to a plea deal of life if he fully cooperated. Prosecutors won't even make that determination until later. It is a bit early but it's a tool to use to gain information from a defendant.

It's a really risky tool to enter into...

It seems to be quite risky in that you must rely on 'trusting the prosecutor".

I did attend law school but I am NO expert in law or trials but I think his prior offenses can only be brought up if he chooses to testify. If he chooses to testify in his own defense then I think the prior offenses (in some cases) can be brought up to impeach his testimony.

 

[OceanMetTheSky]

If BSL is linked to more victims, I'm just going to have to ask the repetitive question...
Why did it take Mickeys publicity to get enough info on this guy? There had to be things that could've proved as reason enough to search his home if he was involved in other murders/abductions.

 

[Backwoods]

It seems to be quite risky in that you must rely on 'trusting the prosecutor".

I did attend law school but I am NO expert in law or trials but I think his prior offenses can only be brought up if he chooses to testify. If he chooses to testify in his own defense then I think the prior offenses (in some cases) can be brought up to impeach his testimony.

This brings up a question for me -- on a small point, really, compared to the larger issues, but: The whiting-out of the RSO status on his license -- seems like that is woven into it all, into the state's theory and possibly evidence, and I think into his arrest in this case -- maybe that would be a way to introduce the prior status...? Really not knowledgeable in this area at all, just wondering out loud.

 

[Mustang Sally]

I'm trying to think back....and have they ever had trials for serial killers that have confessed....or told where to find the bodies????? Does anyone know ...firefox would know if she is here.

*Warning...Graphic Post***

Gary Michael Hilton confessed in Georgia for killing Meredith Hope Emerson. He took LE to the location of her body and her head was in a different place. He confessed to avoid the Death Penalty and was given Life in Prison. He was NOT tried for her Murder. He kidnapped her off Blood Mountain Trail on Jan. 1, 2008. She never gave him her correct pin number for her Bank Card.

He was moved to Florida and was tried for the murder of my friend, Cheryl Hodges Dunlap. He kidnapped her on Dec. 1, 2007. and her body was found by hunters on Dec. 15. Her family had to bury her without her Head and Hands. There were bone fragments and parts of the clothes found in a burn pit. After a two week trial...The state of Florida gave him the Death Penalty. He is now on Death Row in Florida.

He was then taken to North Carolina and charged with the deaths of John and Irene Bryant. He took them from the a National Forest Trail on Oct. 1, 2007. They gave him their pin numbers so he is on tape withdrawing money from their accounts like he did Cheryls. He removed the hands because there are some ATM machines that have thumb print readers. After he plead guilty for their deaths, the Federal Government then did NOT have a trial.

This is my only Personal experience with confessing and not being tried.

IIRC..there were a few other cases on here when there was NOT a trial. The little 6 year old girl named Jorley ??, (who was killed by the young guy who put her body in the trash compactor) was not tried. I also think the man who was the caretaker of the dead grandfather, (who killed the little girl and cut up her body, threw the main part in a dumpster and kept her head in his deep freeze). Her name started with an L...He killed her while the little sisters were asleep in the mobile home. Too tired to research these cases to give the poor victims whole names. Sorry!!

Dear God...Please Keep the Families of All the Dead and Missing In Your Loving Arms!

 

[Backwoods]

This is a great study to read on the issue of prejudicing the jury:

"Sex offense convictions are extraordinarily prejudicial—overwhelming
evidence shows that sex offenders are the most feared and despised group
in this country—and these convictions are not particularly probative of
credibility. Yet judges rarely acknowledge this when comparing the
probative value of past sex crime convictions to their prejudicial effect on
jurors. This failure undermines evidentiary principles that are fundamental
to our system of criminal justice. A defendant who previously was
convicted of a sex offense is left with three bad choices: he or she can
accept a plea bargain regardless of actual guilt; go to trial but decline to
testify; or testify, but lose the jury’s goodwill when the sex crime conviction
is presented. An acquittal based on valid reasonable doubt becomes much
less likely."

http://www.law.northwestern.edu/jclc...13.Rickert.pdf

The link is taking me to a "page not found" message -- anyone else having trouble with it?

 

[CajunStrong]

The link is taking me to a "page not found" message -- anyone else having trouble with it?

Oh no! I will try and find it again.

 

[CajunStrong]

This brings up a question for me -- on a small point, really, compared to the larger issues, but: The whiting-out of the RSO status on his license -- seems like that is woven into it all, into the state's theory and possibly evidence, and I think into his arrest in this case -- maybe that would be a way to introduce the prior status...? Really not knowledgeable in this area at all, just wondering out loud.

I wish I knew more about it myself!!

 

[NewYork625]

The link is taking me to a "page not found" message -- anyone else having trouble with it?

I'm getting the same message.

 

[CajunStrong]

The link is taking me to a "page not found" message -- anyone else having trouble with it?

Lets hope this one works!

http://www.law.northwestern.edu/jclc/backissues/v100/n1/1001_213.Rickert.pdf

**Worked for me this time.

 

[Backwoods]

Lets hope this one works!

http://www.law.northwestern.edu/jclc/backissues/v100/n1/1001_213.Rickert.pdf

**Worked for me this time.

Works for me, too -- thanks!

 

[CajunStrong]

Works for me, too -- thanks!

It is all very interesting. If you can get through some of the more technical discussion, there are some great insights into how a sexual offender is perceived by society, perceived by a jury, how they are treated during incarceration, the statistics of committing another crime upon release, etc.