New Developments and General Discussion, 08/10/2012

[jujube]

"Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.

Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.

The request states that the evidentiary hearing be "limited to the perpetuation of testimony." "

http://www.theadvertiser.com/articl...sey=tab|topnews|text|FRONTPAGE&nclick_check=1

What does all this mean?

RE: In court, an evidentiary or preliminary hearing is a legal proceeding in which the prosecutor of a criminal case outlines the evidence warranting the arrest of the defendant. The purpose of the hearing is to prevent a long detainment of a defendant if the charges are unfounded. In the preliminary hearing, the prosecutor must prove that a crime occurred within the jurisdiction of the court and that there is enough evidence to suggest to a reasonable person that the defendant committed the crime.


'Thanx for sharing the link, MonkeyShine'..

I was with the understanding that the evidentiary/preliminary hearing was circumvented by the Grand Jury indictment.. But what do we mere laymen know?
Maybe one of the local lawyers will weigh in with their thoughts..

It allows the defense to hear what the prosecution has as the basis for their case.
It could be as some have suggested that BSL confessed that he hit Mickey accidentally and then buried her because he was afraid his past would convict him. He then told LE where to find Mickey.
If this is what happened, a trial would proceed as usual. It is also possible that BSL will plead guilty because that also happens at evidentiary hearings.

 

[IMPondering]

If a deal was reached in which Lavergne agreed to plead guilty, the next step is for him to appear before 15th Judicial District Judge Herman Clause.
......


Lafayette attorney Tommy Guilbeau, who has defended clients in more than a dozen capital cases, believes a plea date would be set quickly.

"Certainly it would be taken up in the immediate future," Guilbeau said. "It's certainly not something that would drag around.


http://www.theadvertiser.com/articl...Public-still-speculating-Lavergne-struck-deal

 

[katie78]

I just spoke with an attorney from downtown Baton Rouge. He explained to me what the following means

"the State requests the fixing of an evidentiary hearing,
limited to the perpetuation of testimony"

First he said that in general, an evidentiary hearing is a hearing to see what evidence will be allowed in court and to what extent. He says that evidence consists of 2 things: testimonies and exhibits.

According to the above quote, the state is requesting that the defense present what testimonies they would like to use at trial. The Judge decides what will be allowed before the jury and to what extent.

It's hard to come up with an example of a testimony that the defense may want to use since BSL seems so guilty and since those near and dear to him are suspicious of him - at least according to the Cajunnet.

The atty, not following this case very closely, could only come up with an example of a testimony for the STATE, that the Judge might deny - CH saying how BSL harrassed her etc. The Judge might not allow that testimony in trial. So, that's the purpose of an evidentiary hearing - to decide what evidence will or will not be allowed to be used during the trial before the jury.

THIS particular evidentiary hearing on Friday is for the Defense to show the Judge what TESTIMONIES they want to use in trial before the jury. The hearing on Friday will not include what exhibits they want to use. They will most likely have a separate hearing for exhibits.

FWIW, all of this above is according to a Baton Rouge attorney.

It makes sense to me now, so I hope he's right.

That makes sense. I had been thinking that he led LE to MS for a plea deal, but if they are going through with an evidentiary hearing seems like they are still planning to have a trial. I guess he could maybe change his plea at the evidentiary hearing though, I don't really know.

 

[FOTOBUG]

It was suggested earlier, that bsl purchased an older model truck so that it would more closely resemble the one he burned. Reason being ?? He thought people would not notice that he had a new truck, deterring people from asking questions. All of this being his reasoning, of course.
Whatta fantasy this guy feignes.

 

[justwannahelp]

That makes sense. I had been thinking that he led LE to MS for a plea deal, but if they are going through with an evidentiary hearing seems like they are still planning to have a trial. I guess he could maybe change his plea at the evidentiary hearing though, I don't really know.

this guy doesn't practice criminal law, so he gave me the general meanings. but from what others are saying, BSl may plead guilty on friday

if he does, i hope the media is able to get that on video

 

[Crimson clover]

That makes sense. I had been thinking that he led LE to MS for a plea deal, but if they are going through with an evidentiary hearing seems like they are still planning to have a trial. I guess he could maybe change his plea at the evidentiary hearing though, I don't really know.

PLEASE...NO trial. So off the wall here...Shall anyone of you WSer's here tonight enlighten me with a question I so ignorantly ponder? Jus tryin to connect dots. What does the charge 'held for documentation' in a local Lafayette arrest mean?

 

[JustyThoughts]

snipped & BBM:

. No cameras in Louisiana courtrooms.

Is there law in LA that prohibits cams in the courtroom? Have any "big" cases been shown/streamed to local/national media there in LA? I sure wish they would do this; the Gary Hilton trial was streamed in FL and a recent murder case in GA was streamed (Neuman); and then there was Casey in FL. It is my opinion that "we the people" benefit seeing the legal trial process; I think the legal/court system benefits also..... knowing we are watching them administer fair and clear justice under the law. Would someone from LA confirm whether cams are prohibited. Thx

Snipped & BBM:

The police report has the name of the person that reported the burning truck. I checked SanJacCAD for the name and discovered that person lives in the middle part of Hues Road where it appears to dead end and then start again on the other side of property.

MOO but I would think that a burning truck in the middle of nowhere while still dark outside was pretty noticible to people who lived there or maybe there was a loud noise from gas tanks exploding.

Excellent sleuthing Fishin'chick!:websleuther:

Seems several possible things could happen on Friday. Unless someone lets the cat out of the bag, we will just have to wait and see what happens. I hope they have proceedings in the larger court so msm can be present as well as family/friends of the victims.

 

[Lera213]

maybe the evidentiary hearing is because the defense wants to have their pathologist review the remains?

 

[Donamena]

Yes it is the gf's father's business. Maybe he had a large commercial dumpster for the business that BL possibly could've used to dispose of evidence.



Yes, I agree. I think the CP was a misprint, especially now since we've heard there were other misprints in the document.

For those of you who don't understand south Louisiana geneaology...my great-great-great grandmother was a Leger. I don't know a single one.

 

[ktgirl]

O/T But for locals on here (and any non-locals who might be interested):

Please take a look into the recent shady (shadier?) events that happened very recently in the Keiosha Felix case (a 15 year-old girl missing from Duson, which is near Lafayette).
The man charged with kidnapping was released from jail (but did not bond out.....it's weird, you have to check it out....).

Police now won't even confirm or deny if she is missing or has been found (which I have never seen happen in a missing person's case- usually they'll say one way or another- although I'm sure more experienced WSers will be able to explain this & give examples where this happened in other cases).
Please take a moment to look in at Keiosha's thread. I'd love to see some of our great WSers from Mickeys's thread chime in over there with the great ideas and questions ya'll have!

http://www.websleuths.com/forums/showthread.php?t=180014&page=2

 

[Donamena]

maybe the evidentiary hearing is because the defense wants to have their pathologist review the remains?

Just guessing here but I don't think they could convince a local pathologist to work w/ them. JMO, absolutamente.

 

[Foxfire]

Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.
~ Haile Selassie

 

[NewYork625]

[ame="http://en.wikipedia.org/wiki/Arraignment"]Arraignment - Wikipedia, the free encyclopedia[/ame]

BBM
Guilty and not-guilty pleas

"If the defendant pleads guilty, an evidentiary hearing usually follows."

 

[quueenie]

this guy doesn't practice criminal law, so he gave me the general meanings. but from what others are saying, BSl may plead guilty on friday

if he does, i hope the media is able to get that on video

This is a pretty good outline.

http://www.neworleansbar.org/documents/MajeedaSneadsCriminalLawOutline.pdf

 

[quueenie]

O/T But for locals on here (and any non-locals who might be interested):

Please take a look into the recent shady (shadier?) events that happened very recently in the Keiosha Felix case (a 15 year-old girl missing from Duson, which is near Lafayette).
The man charged with kidnapping was released from jail (but did not bond out.....it's weird, you have to check it out....).

Police now won't even confirm or deny if she is missing or has been found (which I have never seen happen in a missing person's case- usually they'll say one way or another- although I'm sure more experienced WSers will be able to explain this & give examples where this happened in other cases).
Please take a moment to look in at Keiosha's thread. I'd love to see some of our great WSers from Mickeys's thread chime in over there with the great ideas and questions ya'll have!

http://www.websleuths.com/forums/showthread.php?t=180014&page=2

I'll go check it out .... from what I understand from her mother, she is still missing.. and they do not know where she is at. The part that really, really upsets me is these people have all bailed out of jail, and still no Keiosha?? What is that??? I would think LE would have very good reason to hold them, however I will have to call my very good friend and bondsman.

 

[Foxfire]

'My opinion of why Brandon Lavergne took the lives of at least two innocent victims'..
"Because he could"..

[ame="http://www.youtube.com/watch?v=WUXyCsXNzC0"]A&E Biography The Green River Killer part 5/5 - YouTube[/ame]

 

[Crimson clover]

Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.
~ Haile Selassie

Foxfire, you yet again post words of inspiration at such an appropiate moment to move even one soul's heart! I shall 'google' Haile Selassie! Inaction, indifference, silence...I admit complacency. It is precisely why I join here tonight with you guys to fight the good fight. Evil shall have no triumph.

 

[JustyThoughts]

:Banane37:cguru::jumping:

Looks like we have gotten past the "change to sub forum concerns" and folks are sleuthing and cooking along just fine. Yea...

A big shout out to Bessie and other Mods. :gomods:

 

[quueenie]

My dad is 73 years old, and I went to visit him after work today. He asked me if I knew BSL had buried Mickey in a cemetery. I told him yes. With amazement, he says "Just a few days ago on Dateline ID they showed a serial killer who did the same thing!" He could not remember who it was... does anyone know?

 

[Foxfire]

My dad is 73 years old, and I went to visit him after work today. He asked me if I knew BSL had buried Mickey in a cemetery. I told him yes. With amazement, he says "Just a few days ago on Dateline ID they showed a serial killer who did the same thing!" He could not remember who it was... does anyone know?

BTK; Dennis Rader(KS)..He escalated to ritualistic murder. He had predug the grave of one of his last victims and photographed/videoed himself in the grave wearing her bra/panties/burial mask before burying the innocent victim...

Burial masks were worn during burial rituals in the neolithic period(stone age)..An indication of an evil spiritual/religious connotation, imo...

Many of BTK victims clothes/other personal items/IDs;dr licenses etc., were found at his residence. Even a few that were prior & future intended victims; the more fortunate ones..