GUILTY NV - Tammy Meyers, 44, fatally shot at her Las Vegas home, 12 Feb 2015 - #3

[al66pine]

I know that a person under the influence cannot consent to a medical procedure but what about legally? If EN was knowingly high (we know this because LE allowed him to get that way) could a good defense attorney attack the interview and any info EN gave to LE as unreliable?

sbm bbm

I think you're asking if his def atty would argue that because of his condition - allegedly being under the influence of drugs or alcohol - EN could not waive his Miranda rights, so his stmts would not be admissible at trial.
Short answer: Yes, atty w/argue that. Successfully??? IDK, depends on info we don't have ATM.
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Long answer: Below is a cut & paste from my post on earlier thread.

Did he knowingly and intelligently waived his rights, when situation required Miranda warning.

".... Essentially this means the prosecution must prove that the suspect had a basic understanding of their rights and
an appreciation of the consequences of foregoing those rights.
"The focus of the analysis is directly on the personal characteristics of the suspect. If the suspect was under the influence of alcohol or other drugs, or suffered from an emotional or mental condition that substantially impaired their capacity to make rational decisions, the courts may well decide that the suspect's waiver was not knowing and intelligent."

^http://en.wikipedia.org/wiki/Miranda_warning^ and longer excerpt below:

So, alcohol or drug influence = possible defense objection to admitting EN's statements at trial, and ct c/rule in his favor. JM2cts.
Others here suggested he may try to use insanity defense or impaired capacity.

I pity both prosecutor and defense team w this hot mess.

__________________________________________________ _________________

"Simply advising the suspect of their rights does not fully comply with the Miranda rule. The suspect must also voluntarily waive their Miranda rights before questioning can proceed.[SUP][60][/SUP] An express waiver is not necessary.[SUP][61][/SUP] However, most law enforcement agencies use written waiver forms. These include questions designed to establish that the suspect expressly waived their rights. Typical waiver questions are

1. "Do you understand each of these rights?" and
2. "Understanding each of these rights, do you now wish to speak to the police without a lawyer being present?"

The waiver must be "knowing and intelligent" and it must be "voluntary". These are separate requirements. To satisfy the first requirement the state must show that the suspect generally understood their rights (right to remain silent and right to counsel) and the consequences of forgoing those rights (that anything they said could be used against them in court).

As noted previously, courts traditionally focused on two categories of factors in making this determination: (1) the personal characteristics of the suspect and (2) the circumstances attendant to the waiver. ...
In addition to showing that the waiver was "voluntary", the prosecution must also show that the waiver was "knowing" and "intelligent". Essentially this means the prosecution must prove that the suspect had a basic understanding of their rights and an appreciation of the consequences of foregoing those rights.

The focus of the analysis is directly on the personal characteristics of the suspect. If the suspect was under the influence of alcohol or other drugs, or suffered from an emotional or mental condition that substantially impaired their capacity to make rational decisions, the courts may well decide that the suspect's waiver was not knowing and intelligent."

 

[newone]

Tinted windows or not, how many 1993 green Buicks are around that neighborhood????

street view from google captured it believe it or not......easy to spot

 

[Miss Muffet]

Wait WHAT?? Grand baby - Mama is talking?? Oh! Please enlighten us...I haven't heard anything about her.

It was yesterday or the day before. She didn't have much to say. She said that she tries to spend as much time at the house as possible each day since she's the only remaining female influence for the 15 year old daughter, but it's not always possible for her to be there ever day because sometimes the family is being investigated and she's not allowed onto the property when she arrives. She did have something to say about the changing stories but I can't remember the specifics. I'll try to find a link for you.

 

[newone]

((snipped by me))

The thought that only one person involved had access to a 45 isn't thinking the situation or the characters involved through, IMO.

BBM maybe even the driver! MOO

 

[newone]

It was yesterday or the day before. She didn't have much to say. She said that she tries to spend as much time at the house as possible each day since she's the only remaining female influence for the 15 year old daughter, but it's not always possible for her to be there ever day because sometimes the family is being investigated and she's not allowed onto the property when she arrives. She did have something to say about the changing stories but I can't remember the specifics. I'll try to find a link for you.

wasn't that the dailymail.uk article......IIRC

 

[Bodhi]

http://www.cbsnews.com/htdocs/pdf/0...5F02612X-declaration-&-complaint_Redacted.pdf

Thank you, Sonjay! And PaperDoll and NewOne!

 

[newone]

Wait WHAT?? Grand baby - Mama is talking?? Oh! Please enlighten us...I haven't heard anything about her.



Ditto! On what he is NOT saying.

Something to think about....JA and Anthony both had so much coverage. Yes, the murders were brutal but there are lots of ugly murders. It was their behavior, the manipulation, lies, media *advertiser censored*, lack of remorse etc. This is WHY the "Road Rage" is getting so much publicity because of RM. He isn't the murderer but everything else is the same. The more he talks the deeper the hole, the more we all want more or to try to understand!

Is anyone thinking RM was actually home that night? I don't since he called the media on his drive home.

Sorry to ramble!!!

It was yesterday or the day before. She didn't have much to say. She said that she tries to spend as much time at the house as possible each day since she's the only remaining female influence for the 15 year old daughter, but it's not always possible for her to be there ever day because sometimes the family is being investigated and she's not allowed onto the property when she arrives. She did have something to say about the changing stories but I can't remember the specifics. I'll try to find a link for you.

http://www.dailymail.co.uk/news/art...nned-19-year-old-said-buying-Xanax-years.html

 

[Miss Muffet]

wasn't that the dailymail.uk article......IIRC

http://www.dailymail.co.uk/news/art...nned-19-year-old-said-buying-Xanax-years.html

Thank you! I was having a hard time finding it because they're not married.

At least we learned that son doesn't live at home since she says they received a phone call that night.

Her husband is the most attractive one in the family, IMO.

She's the brilliant one that said the following in bold:

When asked why the family had changed their story, she said: 'Bob [Meyers, the father] didn't want to interrupt what the police were going through. If we spoke to the news and told them what we honestly knew, I don't think it would have helped the police's investigation to find this man.'

Read more: http://www.dailymail.co.uk/news/art...ld-said-buying-Xanax-years.html#ixzz3Sj9HqV5Y
Follow us: @MailOnline on Twitter | DailyMail on Facebook

 

[jayme1133]

Of 31 judges in Las Vegas. Nevada lawyers said three don't deserve to keep their jobs. One was Judge Conrad Hafen who is overseeing the murder of Tammy Meyers. See what was said about him.....

Of the 163 lawyers who rated Justice of the Peace Conrad Hafen, 48 percent said he should retain his job.

Hafen, a former career prosecutor, was praised by some respondents for his professionalism and criticized by others for handing down harsh sentences.

“He is great. He is very professional and listens to both sides. Public safety is his big concern. His courtroom is run extremely efficiently,” one attorney wrote.

Another said, “He is rude, biased and inconsiderate. He is too harsh in his rulings and unfair. He creates sentences tougher than the statute, leaving the public unable to know what to expect.”

Hafen disagreed that he is too harsh toward defendants who fail to complete probation requirements in the allotted time.

The judge said he has no plans to give defendants four, five or six chances.

“I’m not going to fault myself for holding people accountable. I feel people need to be held accountable for their actions. And I think the public expects that as well. Many defense lawyers feel I’m being too harsh. I guess it’s just how you look at things,” said Hafen, who isn’t up for re-election until 2016.

The judge said he would examine the constructive comments made in the survey, but felt he is both courteous and respectful of lawyers and defendants.

“Many times, if a defendant doesn’t understand what is happening, I take the time to explain the law,” Hafen said.

 

[newone]

the difficult part is keeping things under ''wraps'' until they (LE) can sort out the shooting. The other details of other offenses (drugs) would possibly be different charges. Suspect that's why there is such kerfuffle currently w/details/versions/etc. Interested parties are trying to keep lid on it ..... JMO

I suspect EN & M's both would rather not discuss 'drug issues' JMO

 

[Bodhi]

In my state a permit driver is not yet on insurance until they pass the road test and are licensed. My son had many friends whose parents let them drive in empty parking lots before they were permitted. Driving at night or on the weekend are the prime times to go out for a spin.

My kids were angry that they could not go out for a drive before they got their permits.

The thread is moving so fast, but I just want to add to the earlier discussion about whether it would be legal for a 15 year old without a permit to be driving. In some states, it is. New Hampshire does not issue learner's permits. Children can drive at 15 and a half if there is a licensed supervising driver whose is 25 or over in the front seat. 16 year olds can get a license if they have completed a state-approved driver education course (which includes 10 hours of road driving) and 40 hours of driving, 10 of which must be at night. This is the opposite of the state I grew up in where you have the classroom education first, then the road lessons.

The time of the driving practice made the story sound improbable but not impossible from the start--even before all the 'facts' began changing.

 

[nightwatch]

It was yesterday or the day before. She didn't have much to say. She said that she tries to spend as much time at the house as possible each day since she's the only remaining female influence for the 15 year old daughter, but it's not always possible for her to be there ever day because sometimes the family is being investigated and she's not allowed onto the property when she arrives. She did have something to say about the changing stories but I can't remember the specifics. I'll try to find a link for you.

Female influence strange thing to say, imo. I thought the Meyers had a grandma living with them or was that a fib. Where's Columbo? Lol

ciao

 

[Snoods]

The neighbors have more credibility than the friend witnesses, IMO. They have no vested interest in the harming the Meyers family, and Bob Meyers himself gave them credibility when he admitted on film that he went to EN's house, which completely discredits his claim they kept EN's identity from police because they feared EN.

I'm not saying there isn't truth in the friend witness statements, but some things could have been embellished by the police. I don't think most young adults can identify three different types of ammunition. I've been around guns my entire life and I couldn't accurately identify three types of bullets from just looking at them. I also take into consideration he is EN's very good friend. I can't envision EN's best friend as an upstanding citizen. They could have been arrested on another charge and offered info based on what they saw in the news, and the police could have embellished certain aspects of their statements.

I don't believe EN told them the type of car he was picked up in. It's not the type of detail someone provides when they say they someone picked them up to give them a ride. They surely saw the car info on the news because it was all over the news for days prior to their being interviewed. The two different shooting scenes have probably been common knowledge in the neighborhood because residents heard shots in both places and police were collecting evidence in both places.

I could go on and on. Nothing has verified their statements like Bob Meyers verified the neighbors' statements.

Things I'm wondering:

Did EN get rid of his handgun or do the police have it to match the bullet that killed TM? But if the bullets match, there is doubt because the driver of the Audio could have done it. Did EN wash the clothing he was wearing that night or did the police find gunpowder residue on his clothing?

One huge discrepancy that continues to stand out to me is EN's friend's statement to LE that EN said "I got those kids! Those kids were after me but I got them!" EN was also reportedly very upset when he discovered TM was the one shot.

This COMPLETELY contradicts BM and his sister's statement to LE that everyone in the Mystery Car knew that Mom and Daughter were in the car. At this point I no longer believe that any road rage happened, except on the part of TM and family as the aggressors.

Heck, at this point I'm even beginning to question if TM was even in the car at all. Yes, I'm officially jumping on that bandwagon.

RM saying that BM lied because he didn't want his dad to get mad at him for his "mom going down" tends to bolster that theory. Making himself look like the good guy "I begged Mom to call the police but she refused! She was going to go without me! I had to protect her!" Pffft. BM has a problem with the truth, that's a fact.

At any rate, I don't believe EN knew that the mom was in the car, if indeed she was.

Throwing my hands up. I'm sure my opinion will change tomorrow, lol.

 

[Bodhi]

Female influence strange thing to say, imo. I thought the Meyers had a grandma living with them or was that a fib. Where's Columbo? Lol

ciao

The FB pages of the Tammy's son with a baby, which is not Brandon, and that son's girlfriend are public. Both were named in the Daily Mail, although the child was identified incorrectly as a girl.

This son MM complains about living with his grandmother. He said she acts weird when his girlfriend and child are at the house. He doesn't mention a grandfather living there.

His mother was shot on his birthday.

 

[Miss Muffet]

Hafen disagreed that he is too harsh toward defendants who fail to complete probation requirements in the allotted time.

The judge said he has no plans to give defendants four, five or six chances.

I think he sounds like a great judge for a murder trial!

Are judges elected or appointed in Nevada? They're elected here. Our magistrate, a local lower court position that doesn't require a law degree, is just like described in the quote above. Everyone loves him. I love him. He gives hilarious sentences to teenagers sometimes. He's very fair the first time someone is in his court room. He almost always gives everyone a chance to resolve things so they don't have a record. (Of course, for a violent crime he wouldn't.) But, God forbid someone ends up in his courtroom a second time. He'll throw more than the book at them. People are terrified of him, especially teenagers, and I think that's fabulous. They sure don't go into his courtroom thinking it's a joke. I suspect he is extreme with them for very minor things to scare them from ever doing more serious things.

 

[newone]

The FB pages of the Tammy's son with a baby, which is not Brandon, and that son's girlfriend are public. Both were named in the Daily Mail, although the child was identified incorrectly as a girl.

This son MM complains about living with his grandmother. He said she acts weird when his girlfriend and child are at the house. He doesn't mention a grandfather living there.

His mother was shot on his birthday.

bbm: well she would be baby's great grandmother and may have some old fashioned opinions MOO from 20 yr old unmarried grandson's point of view

 

[Miss Muffet]

I suspect EN & M's both would rather not discuss 'drug issues' JMO

EN's lawyer is interested in pursuing the drug issues. He wants people to come to him with information, specifically people who have first hand knowledge like EN's friends. He said it in an interview when he was asked about the reports of TM buying prescription drugs. Sure, there's a risk of additional charges, but I'm sure EN would rather be found guilty of dealing drugs than murder.

 

[newone]

As far as a female influence, that is an unusual statement. MM's girlfriend is only 18. So she isn't exactly a motherly figure to KM.

with 14 month old child......that's a lot for a teen to handle

daughter is 15 yrs old.....

 

[newone]

EN's lawyer is interested in pursuing the drug issues. He wants people to come to him with information, specifically people who have first hand knowledge like EN's friends. He said it in an interview when he was asked about the reports of TM buying prescription drugs. Sure, there's a risk of additional charges, but I'm sure EN would rather be found guilty of dealing drugs than murder.

wow I didn't know that --- when was that interview?

 

[Bodhi]

with 14 month old child......that's a lot for a teen to handle

daughter is 15 yrs old.....

I totally agree! I was trying to delete my post because I didn't want to seem like I was disparaging her. I did not mean to sound that way at all. She is a young girl and trying to hold things together.