OK mama well who were you speculating was the other perv abductor? Thanks
Suspect - Daniel Heinrich #2
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OK mama well who were you speculating was the other perv abductor? Thanks
Mossad
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Just a few of the recent developments in U.S.A. v. Heinrich (0:15-CR-00340) which you wlll not learn from ratings-desperate news media or sad social media:
April 5, 2016:
DEFENDANT'S PRETRIAL MOTION TO SUPPRESS STATEMENTS
The defendant, Danny James Heinrich, through counsel, moves the Court for an Order suppressing all statements, admissions and answers made by the defendant prior to, at the time of, or subsequent to his arrest. Specifically, Mr. Heinrich moves to suppress statements taken on July 28, 2015, October 26, 2015, October 28, 2015 and November 2, 2015.
As grounds for said motion, defendant states:
1. That any statements, admissions or answers made by the defendant were made without the assistance or benefit of counsel in violation of the defendant's Fifth Amendment and Sixth Amendment rights under the Constitution of the United States. Before statements made by the accused can be admitted into evidence in the case in chief, the government must establish that proper warnings concerning certain fundamental constitutional rights were given to the defendant. Miranda v. Arizona, 384 U.S. 436
(1966).
2. That any statements, admissions, or answers made by the defendant were the fruit of an unlawful arrest. The defendant asserts that he was unlawfully in custody in violation of the Fourth Amendment. He asserts that his statements were the product of that Fourth Amendment violation. Thus, the statements should be suppressed. Wong Sun v. United States, 371 U.S. 471 (1963). The fact that Miranda warnings were given or a waiver was obtained does not by itself purge the taint of the illegal arrest. Brown v. Illinois, 422 U.S. 590 (1975)
DEFENDANT'S PRETRIAL MOTION TO SUPPRESS FRUITS OF UNLAWFUL SEARCH AND SEIZURE
The defendant, Danny James Heinrich, through counsel, moves the Court, pursuant to Rule 12 of the Federal Rules of Criminal Procedure to suppress all physical, forensic and electronic evidence obtained as a result of:
the July 28, 2015 search of a home on Myrtle Avenue South in Annandale, Minnesota, pursuant to a search warrant; and
a DNA swab taken from the person of the defendant on July 28, 2015, pursuant to a search warrant.
In support of his motion, the defendant asserts the following grounds:
1. The search warrant affidavit lacks sufficient probable cause to establish that there was contraband to be found at the home. The Fourth Amendment requires that a warrant must be supported by probable cause. Illinois v. Gates, 462 U.S. 213, 23639 (1983).
DEFENDANT'S PRETRIAL MOTION FOR GOVERNMENT AGENTS TO RETAIN ROUGH NOTES AND EVIDENCE
The defendant, Danny James Heinrich, through counsel, and pursuant to Title 18, United States Code, Section 3500 et. seq., Brady v. Maryland, 375 U.S. 83 (1963), and Rule 16 of the Federal Rules of Criminal Procedure, moves the Court for an Order requiring any law enforcement agent, including any confidential reliable informants, to retain and preserve all rough notes taken as a part of their investigation, whether or not the contents of such rough notes are incorporated in official records. In addition, defendant moves for an order directing any and all officials involved in this case to preserve the evidence seized in the course of their investigation.
The defendant so moves on the following grounds:
1. Rough notes can be considered statements within the meaning of Title 18, United States Code, Section 3500(e)(1). Rough notes can also contain exculpatory evidence as considered in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972);
2. Destruction of rough notes by law enforcement officials can usurp the judicial function of determining what evidence must be produced. United States v. Harris, 543 F.2d 1247 (9th Cir. 1976);
3. The rough notes may contain facts favorable to the defense;
4. Evidence seized may be directly relevant to issues ranging from defendant's guilt or innocence to sentencing considerations. Its inspection and use as provided for under Rule 16(c) of the Federal Rules of Criminal Procedure, will be rendered impossible if is altered or destroyed.
Will Eager Social Media Do-Gooders also Face Subpoenas in Federal Court?
Stay tuned . . .
Prov. 11:14
April 5, 2016:
DEFENDANT'S PRETRIAL MOTION TO SUPPRESS STATEMENTS
The defendant, Danny James Heinrich, through counsel, moves the Court for an Order suppressing all statements, admissions and answers made by the defendant prior to, at the time of, or subsequent to his arrest. Specifically, Mr. Heinrich moves to suppress statements taken on July 28, 2015, October 26, 2015, October 28, 2015 and November 2, 2015.
As grounds for said motion, defendant states:
1. That any statements, admissions or answers made by the defendant were made without the assistance or benefit of counsel in violation of the defendant's Fifth Amendment and Sixth Amendment rights under the Constitution of the United States. Before statements made by the accused can be admitted into evidence in the case in chief, the government must establish that proper warnings concerning certain fundamental constitutional rights were given to the defendant. Miranda v. Arizona, 384 U.S. 436
(1966).
2. That any statements, admissions, or answers made by the defendant were the fruit of an unlawful arrest. The defendant asserts that he was unlawfully in custody in violation of the Fourth Amendment. He asserts that his statements were the product of that Fourth Amendment violation. Thus, the statements should be suppressed. Wong Sun v. United States, 371 U.S. 471 (1963). The fact that Miranda warnings were given or a waiver was obtained does not by itself purge the taint of the illegal arrest. Brown v. Illinois, 422 U.S. 590 (1975)
DEFENDANT'S PRETRIAL MOTION TO SUPPRESS FRUITS OF UNLAWFUL SEARCH AND SEIZURE
The defendant, Danny James Heinrich, through counsel, moves the Court, pursuant to Rule 12 of the Federal Rules of Criminal Procedure to suppress all physical, forensic and electronic evidence obtained as a result of:
the July 28, 2015 search of a home on Myrtle Avenue South in Annandale, Minnesota, pursuant to a search warrant; and
a DNA swab taken from the person of the defendant on July 28, 2015, pursuant to a search warrant.
In support of his motion, the defendant asserts the following grounds:
1. The search warrant affidavit lacks sufficient probable cause to establish that there was contraband to be found at the home. The Fourth Amendment requires that a warrant must be supported by probable cause. Illinois v. Gates, 462 U.S. 213, 23639 (1983).
DEFENDANT'S PRETRIAL MOTION FOR GOVERNMENT AGENTS TO RETAIN ROUGH NOTES AND EVIDENCE
The defendant, Danny James Heinrich, through counsel, and pursuant to Title 18, United States Code, Section 3500 et. seq., Brady v. Maryland, 375 U.S. 83 (1963), and Rule 16 of the Federal Rules of Criminal Procedure, moves the Court for an Order requiring any law enforcement agent, including any confidential reliable informants, to retain and preserve all rough notes taken as a part of their investigation, whether or not the contents of such rough notes are incorporated in official records. In addition, defendant moves for an order directing any and all officials involved in this case to preserve the evidence seized in the course of their investigation.
The defendant so moves on the following grounds:
1. Rough notes can be considered statements within the meaning of Title 18, United States Code, Section 3500(e)(1). Rough notes can also contain exculpatory evidence as considered in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972);
2. Destruction of rough notes by law enforcement officials can usurp the judicial function of determining what evidence must be produced. United States v. Harris, 543 F.2d 1247 (9th Cir. 1976);
3. The rough notes may contain facts favorable to the defense;
4. Evidence seized may be directly relevant to issues ranging from defendant's guilt or innocence to sentencing considerations. Its inspection and use as provided for under Rule 16(c) of the Federal Rules of Criminal Procedure, will be rendered impossible if is altered or destroyed.
Will Eager Social Media Do-Gooders also Face Subpoenas in Federal Court?
Stay tuned . . .
Prov. 11:14
Matthew, I was wondering the same thing. I'm certain I saw or heard that DJH's legal name on his birth certificate is Danny but I keep seeing Daniel and Danny everywhere I read his name in news stories and in books.
ELOCsoul
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Has anyone been able to figure out who Victim K is from the arrest warrant for Danny Heinrich? They were born in the early 60's and the picture was scanned from a Paynesville HS yearbook from the 70's. That would put Victim K as approximately the same age as Danny himself.
Also wonder if Victim K is a victim due to morphing images? Or if it's due to an assault?
Also wonder if Victim K is a victim due to morphing images? Or if it's due to an assault?
This is 13 pages long and talks about issues with DNA. It is very scientific so someone who really understands it maybe could summarize?
It is interesting re DNA vs human and animal. It also talks about issues with degradation, sample size, and why they do not use certain methods anymore.
And of course alleles and polystrands etc etc etc
It is interesting re DNA vs human and animal. It also talks about issues with degradation, sample size, and why they do not use certain methods anymore.
And of course alleles and polystrands etc etc etc
dexter75
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Maybe DR knows...
dexter75
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Welcome papashango, you raise some very good points.
Sorry for meeting you ( kind of ) under these circumstances.
I have been an advocate for the missing, and following Jacob's story, since I was in middle school.
:greetings:
Sorry for meeting you ( kind of ) under these circumstances.
I have been an advocate for the missing, and following Jacob's story, since I was in middle school.
:greetings:
dexter75
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Does it matter?
With much respect, anyone who has followed this case and has a heart should be FLOORED at the way things have panned out so far. IMO
Sure, it's easy to point fingers and toss blame around. Point is, the ball was DROPPED. Not only was it dropped. The ball was dropped, and left bouncing around until it came to a stop. NO one bothered to pick it back up for many years. From where I sit, LE had to do/give the family/public some kind of " answers " so they went digging. The whole, we gotta wait for advances in technology, sounds much better than " DR is no longer a POI and we screwed up, bring on the lawsuit "
I am not BASHING LE.
We all make mistakes & we all screw up. ( Even the FBI ) Some can admit to it, some, not so much. Unfortunately, we DO live in a world where money hungry lawyers WILL file lawsuits. Some justified, some not. My guess, LE doesn't want to deal with that mess as they are still digesting this Heinrich ordeal as well as trying to get him to talk.
Does it really matter who lead the case? Jacob is indeed, still gone. Looking back, things could have been done different. The ball was dropped,
IMO.
I'll just leave it at that.
With much respect, anyone who has followed this case and has a heart should be FLOORED at the way things have panned out so far. IMO
Sure, it's easy to point fingers and toss blame around. Point is, the ball was DROPPED. Not only was it dropped. The ball was dropped, and left bouncing around until it came to a stop. NO one bothered to pick it back up for many years. From where I sit, LE had to do/give the family/public some kind of " answers " so they went digging. The whole, we gotta wait for advances in technology, sounds much better than " DR is no longer a POI and we screwed up, bring on the lawsuit "
I am not BASHING LE.
We all make mistakes & we all screw up. ( Even the FBI ) Some can admit to it, some, not so much. Unfortunately, we DO live in a world where money hungry lawyers WILL file lawsuits. Some justified, some not. My guess, LE doesn't want to deal with that mess as they are still digesting this Heinrich ordeal as well as trying to get him to talk.
Does it really matter who lead the case? Jacob is indeed, still gone. Looking back, things could have been done different. The ball was dropped,
IMO.
I'll just leave it at that.
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Hi Everyone,
When I arrived at this thread I could feel the heat coming through my screen. Really.
Please, pull back on the personal postings OK? It's all starting to become very close to attacking each other. Let's not go there OK?
Thank you,
Tricia
When I arrived at this thread I could feel the heat coming through my screen. Really.
Please, pull back on the personal postings OK? It's all starting to become very close to attacking each other. Let's not go there OK?
Thank you,
Tricia
Yes well put. LE cost the Wetterlings a chance to find and save.their son Jacob. Very sad.
Hm. My DNA link did not post. Here it is.
http://www.omicsonline.org/recent-advances-in-forensic-dna-analysis-2157-7145.S12-001.pdf
There are many issues with DNA which some have advanced with technology and some need to advance more. Degradation is one. Another is the size of the sample. Another is the amount of info that could be retrieved from a sample until technology advanced.
Many more issues in this study which are very scientific but the gist is there if you read through the 13 pages.
I don't know what they could have done re the Constitution. They followed him around, It appears he did not do other crimes. He did not have an online presence. What could be legally done over the years?
Do you think Patty and Jerry forgot and did not have contact with LE about their son?
http://www.omicsonline.org/recent-advances-in-forensic-dna-analysis-2157-7145.S12-001.pdf
There are many issues with DNA which some have advanced with technology and some need to advance more. Degradation is one. Another is the size of the sample. Another is the amount of info that could be retrieved from a sample until technology advanced.
Many more issues in this study which are very scientific but the gist is there if you read through the 13 pages.
I don't know what they could have done re the Constitution. They followed him around, It appears he did not do other crimes. He did not have an online presence. What could be legally done over the years?
Do you think Patty and Jerry forgot and did not have contact with LE about their son?
dexter75
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I am in total agreement that technology advances all the time. In my opinion, it's a lame excuse for LE re DR and that mess. That is what I meant by that.
I DO hope something does " advance " one day soon, and lead the Wetterlings to their precious child. They deserve s much.
I am sincere when I say it has been posted, re posted, and spelled out as far as things missed/not connected ( LE ) in this case.. Nothing to do with the constitution. We've been over it. Then to see it posted in the " Sands " thread that Crime Stoppers was a STEARNS program. Grrr.. Makes sense, as our local Crime Stoppers is County as well.
If tips did indeed come into Crime Stoppers during the Paynesville assaults, did anyone TRY to connect the dots to Jacobs case?
And as a MOTHER of 2 daughters, I do not think for one second that Patty and Jerry " forgot " and did not have contact with LE about their son.
I DO hope something does " advance " one day soon, and lead the Wetterlings to their precious child. They deserve s much.
I am sincere when I say it has been posted, re posted, and spelled out as far as things missed/not connected ( LE ) in this case.. Nothing to do with the constitution. We've been over it. Then to see it posted in the " Sands " thread that Crime Stoppers was a STEARNS program. Grrr.. Makes sense, as our local Crime Stoppers is County as well.
If tips did indeed come into Crime Stoppers during the Paynesville assaults, did anyone TRY to connect the dots to Jacobs case?
And as a MOTHER of 2 daughters, I do not think for one second that Patty and Jerry " forgot " and did not have contact with LE about their son.
ELOCsoul
Verified Author - "Finding Jacob Wetterling"
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Yes, and time and time again it was the small Paynesville Department leading the way in all these cases! One thing we should not forget either, is the July 1989 attempted abduction of Andrew in the township of St Joseph. Stearns County was the sole investigating authority in that case, they knew about Paynesville cases, and knew Jared had been abducted and assaulted...and did nothing to warn anyone...
Sasquatch321
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You are correct, although there was media from Jareds case going on, it wasn't until Jacob that people started locking their doors and not leaving their children to wander anymore. Some parents still need to learn this lesson. Kids are kids until they turn 18.
Mossad
New Member
Prepare for more sensationalism, exploitation, hype and senseless balderdash from news personalities trying to squeeze anything they can get out of the Wetterling cold case, as they have for decades. Will the news media feed on YOU, too?
The May 2016 Nielsen rating period is April 28 - May 25, 2016.
Will someone turn state’s evidence, confess, or find physical evidence in time for the next sweeps period?
Don’t hold your breath.
Who will be the next victim of the desperate news media circus? YOU?
Prov. 11:14
The May 2016 Nielsen rating period is April 28 - May 25, 2016.
Will someone turn state’s evidence, confess, or find physical evidence in time for the next sweeps period?
Don’t hold your breath.
Who will be the next victim of the desperate news media circus? YOU?
Prov. 11:14
1. What I mean is that people seem to be implying that nothing was done re Jacob for years. There is no way that the Wetterlings did not have a full court press on this all of the time so for people to say nothing was happening is dissing the Wetterling family as far as I am concerned.
2. Re the Constitition. If you have not been legally accused of of a crime, LE cannot follow you around, etc without a court order. With all of the agencies involved and the Wetterlings stating they knew about Heinrich, it is not as if LE did not try what they could legally do which is guaranteed to people in the Constitution. Apparently, it was felt by all that there simply was not enough info to do anything LEGAL re Heinrich.
3. If the issues re DNA are read, it can be seen that as much as we would like it to be CSI, it is not.
2. Re the Constitition. If you have not been legally accused of of a crime, LE cannot follow you around, etc without a court order. With all of the agencies involved and the Wetterlings stating they knew about Heinrich, it is not as if LE did not try what they could legally do which is guaranteed to people in the Constitution. Apparently, it was felt by all that there simply was not enough info to do anything LEGAL re Heinrich.
3. If the issues re DNA are read, it can be seen that as much as we would like it to be CSI, it is not.
dexter75
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Thanks for clarifying that =)
I don't think NOTHING was done, but ya gotta admit, after EVERYTHING that has come out RE; Heinrich & this case it seems as if either things were missed ( too tired to go into it further as I can barely keep my eye's open ) or once LE set there sites on DR they appeared to focus on NOTHING/NO ONE BUT.
Maybe I just know one to many people with " odd " personalities, IDK. Just seems IMO, if LE would have scrutinized Heinrich from the moment they suspected him ( they FOLLOWED him around for cryin' out loud. They DID suspect him. ) like they did DR maybe the Wetterlings would have had some answers years ago.
I don't think NOTHING was done, but ya gotta admit, after EVERYTHING that has come out RE; Heinrich & this case it seems as if either things were missed ( too tired to go into it further as I can barely keep my eye's open ) or once LE set there sites on DR they appeared to focus on NOTHING/NO ONE BUT.
Maybe I just know one to many people with " odd " personalities, IDK. Just seems IMO, if LE would have scrutinized Heinrich from the moment they suspected him ( they FOLLOWED him around for cryin' out loud. They DID suspect him. ) like they did DR maybe the Wetterlings would have had some answers years ago.
Sasquatch321
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Somewhat true, the farm wasn't searched and DR wasn't talked to enough that night. They also ignored kevin that night at the tom thumb when he says he told a cop that he was just at the scene. But they continue to be in charge using the resources they have and Sanner has said that "we can't look back" we must keep searching for the answer of Where is Jacob?
Yes no big deal just move on they are doing the best they can. Doesn't matter that it's over 20 years too late to save Jacob. Keep up the great work LE.
I'm sure the Wetterlings feel the same as you, just be patient and don't look back.
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