Found Deceased NY - Jennifer Ramsaran, 36, Chenango County, 11 Dec 2012 - #11

[zwiebel]

momrids6 that clock is wonderful!

 

[zwiebel]

Someone this morning on another thread provided a link for a NY case law decision on whether a trial was fair. It was long and full of legalese but very interesting. It concerned a doctor found guilty of killing his wife, although her body has never been found. Essentially, I think it boiled down to this;

If a suspect lies to the police about where they were and what they did, on the day his wife disappeared, can it be taken into account at trial?

If a suspect tells different stories to different people about where they were and what they did, on the day his wife disappeared, can it be taken into account at trial?

If the suspect gave different people different reasons for why his wife might have disappeared, can this be taken into account at trial?

Can evidence be heard from witnesses the victim spoke to about her marriage and her problems with her husband (hearsay evidence)?

The judges decided that the answer to all of the above was yes.

http://caselaw.findlaw.com/us-2nd-circuit/1525116.html

 

[momrids6]

There are some "sweet" accommodations at the CC Jail...

http://www.chenangosheriff.us/

 

[Abigail]

I can't immediately see where Ganesh will get the money to put up bail or fund an expensive lawyer. Or where others close to him might be able to raise the money through property etc.

I'm wondering if there is anything that can be done to protect Jennifer's half of her estate and any other assets, so they can't be used up paying attorney fees. Surely it must be possible to protect assets, or put them on some sort of 'hold' in cases like this. People aren't allowed to profit from their crimes, so if he is found guilty, Ganesh won't be entitled to anything of Jennifer's - though I guess his half will still be his.

I'm thinking of any credit card debts or anything he has been running up too. I hope Jennifer's part of the estate won't be liable for repaying them too.

I don't think there is much estate. A home, purchased 7 years ago, so still probably a hefty mortgage. Two older vehicles. All the judgments for unpaid debts in the past 8 years leads me to believe there are not many financial assets. There's the real estate in Florida, but that seems to be tied up with the elder Ramsarans, and also probably losing money. I suspect that even before Jennifer died, debts exceeded assets -- possible motive for murder (especially considering a pending divorce).

After Jennifer's death, GR would still be responsible for any debts held jointly in the marriage -- such as joint credit cards and their mortgage.

There is the life insurance policy of course. But the company will no doubt wait until the trial is completed before paying out. (If GR is convicted, then her policy will go to a secondary beneficiary, if she named one). Even if GR is aquitted in criminal court, the life insurance can still be denied.

New York State has what is called the "Slayer Law."
New York's slayer rule is founded on general equitable maxims of the common law that "no one should be able to profit by his own fraud, take advantage of his own wrong or found any claim upon his own iniquity, or acquire property by his own crime." Riggs v. Palmer, 115 N.Y. 506, 511, 22 N.E. 188 (1886) [enhanced version available to lexis.com subscribers]. It prohibits a slayer from receiving any benefit from his victim's estate which would accrue under the law of wills, intestacy, and other death benefits. The rationale for the slayer rule is the prevention of unjust enrichment and the unwillingness of the Court to be party to such unjust enrichment. (Restatement (Third) of the Law Property § 8.4).

Consistent with the Riggs doctrine, the slayer rule has been applied to the slayer's estate as well as the slayer himself, preventing the slayer from exercising ultimate control over the disposition of the victim's property.

http://www.lexisnexis.com/community...ule-and-indirect-benefits-from-the-wrong.aspx

 

[Jilllian]

"He Has Every Reason To Run"

http://www.evesun.com/news/stories/2013-05-20/17345/He-has-every-reason-to-run/

 

[Abigail]

Thanks for posting the entire article for those who don't have a subscription. (I hope when the mods snip due to the 10% rule that they leave the bottom part rather than the top).

So...new information & highlights from this article:

1) GR went willingly to the Sheriff's office on Friday (after working out at the Y earlier that morning) for questioning in discrepancies in the case.

2) Scheduled to appear in Town of New Berlin court for felony hearing at 1 p.m. on Thursday. Prosecution must prove reasonable cause for arrest - will be challenged, of course by defense.

3) "Those closest to Jennifer Ramsaran maintained a steadfast and vocal conviction as to her character and devotion as a mother"

http://www.evesun.com/news/stories/2013-05-20/17345/He-has-every-reason-to-run/

4) D.A. McBride: <modsnip>

5) Defense attorney Chamberlain: <modsnip>

6) McBride: GR told police he had been working on his computer that day, Dec. 11, DA says that's false.

<modnsip>

7) Ramsaran had every motive to kill his wife as he stood to lose half of his assets.

8) Since the disappearance of his wife – Ramsaran has told people he intends to spend the rest of his life with his alleged girlfriend.

9) As of deadline, GR hasn't posted bail.

 

[momrids6]

Enhanced driver's license NY- information and FAQs

http://www.dmv.ny.gov/edl-faqs.htm

 

[Tennlyn]

Thanks for posting the entire article for those who don't have a subscription. (I hope when the mods snip due to the 10% rule that they leave the bottom part rather than the top).

5) Defense attorney Chamberlain: <modsnip>

RSBM/BBM
Oh I do NOT like the sound of that. Sounds like his attorney thinks Remy will still have custody of his children. I am so scared for them.

:cow:

 

[Abigail]

Enhanced driver's license NY- information and FAQs

http://www.dmv.ny.gov/edl-faqs.htm

Thanks Momrids6! So...with the enhanced driver's license, there's nothing to keep him from hopping on down to Trinidad & Tobago, where he can mingle with other Ramsarans.

And...a number of people born in Europe who subsequently come to the U.S. hold dual citizenship. I have a friend who holds U.S. citizenship, but she has a current passport from her native European country. So...it's possible that GR may not have an American passport, but possibly a Dutch one?

And...quite frankly...I'm not nearly as concerned about flight risk as to the real and present danger he poses to the children and their grandparents.

 

[Abigail]

&#8220;He is not a flight risk and by these virtues I ask that a reasonable bail be set so that he may continue to care for his family,&#8221; concluded the counsel.

It was also stated that the victim slept naked and was found naked

Continue to care for his family....like he cared for Jennifer?

Slept naked, found naked. Sounds like they think she was killed in her sleep? Except, POB said she was online that morning.

 

[Wolf Dreamer]

"He Has Every Reason To Run"

http://www.evesun.com/news/stories/2013-05-20/17345/He-has-every-reason-to-run/

thanks Jillian. Still can't believe he wasn't remanded without bail.

 

[Jilllian]

. Asked that GR be granted bail so he "may continue to care for his family."

RSBM, BBM

I don't see this part. Where is it?
This would be a nightmare, but I highly doubt it would ever happen.
I'm hoping it is a condition of his bail.

ETA: Nevermind. I see it now. Ugh - "continue to care for his family" - good lord, no!

 

[Abigail]

http://stage.liftonline.org/guides/show.php?id=120#q-1468

If only "informal" custody, cannot make important decisions for child.

To get custody, you must go to Family Court and file a petition for custody... You will have to serve the parents of the child with court papers letting them know that you are asking for custody... The incarcerated parent can be brought to court when the case is before the judge and can tell the judge what he or she wants to have happen.

When a judge is deciding a custody case between a parent and someone who is not a parent, different things will be considered. First, the judge will decide whether there are extraordinary circumstances (such as abuse or neglect, domestic violence in home*, unable to care for child because in jail).
*GR has been charged with murder of his wife -- if that doesn't count for domestic violence in the home, what does?

If there are extraordinary circumstances, the judge will decide what is in the best interests of the child.

In New York State, there are very few differences between guardianship and custody. However, in other states, there are big differences between the two. If you are planning to move, you should find out about the laws in the state where you are going. This will help you decide whether you should petitionfor custody or guardianship of the child.

Sometimes courts prefer to give guardianship of a child rather than custody to people who are not parents, such as grandparents.

Can the incarcerated parent get the child back after he or she is released if I have custody or guardianship?
In order to regain custody or guardianship, the parent will have to file a petition in court to modify, or change, the order that you received. The parent will have to show that there has been a change in circumstances. This means that something has changed since the court made the order. The judge will decide based on what is in the best interests of the child.

 

[epiphany]

Appears as though some close friends of RR's may have come forward to speak to LE. Amazing that he may have been confiding to others about his love life after Jen's "disappearance":

It was also alleged that &#8211; since the disappearance of his wife &#8211; Ramsaran has told people he intends to spend the rest of his life with his alleged girlfriend.

http://www.evesun.com/news/stories/2013-05-20/17345/He-has-every-reason-to-run/

 

[epiphany]

The only way Jen may have been spared by RR was had she signed away her share of ALL or nearly all of the assets, as well as physical and joint custody of the children, IMO. He may have been willing to throw a couple of grand at her to get on her feet, as well as the most limited visitation agreement, but that would be close to about all.

In other words, RR was totally hell bent on Jen's "disappearance" and destruction. MOO

 

[bessie]

:seeya: Sorry, guys. You can't post subscriber paid/pay-per-view articles. What you can do is summarize in your own words.

 

[epiphany]

Continue to care for his family....like he cared for Jennifer?

Slept naked, found naked. Sounds like they think she was killed in her sleep? Except, POB said she was online that morning.

BBM

And the children saw and spoke with their Mother that morning.

 

[SyraKelly]

I don't have a camera,but I will post pics of what I put in her garden
let me if I can post them right.I am not good at doing it,but here is one

 

[SyraKelly]

Here is more

 

[SyraKelly]

those are some of them-I did do all different colors of yellows,pinks,orange
I hope she likes them!!