TN - Joann, 31, & Adrienne Bain, 14, Whiteville, 27 April 2012 - #5

[LucyOso]

You've brought up a good point. The is a big difference between being able to claim an insanity defence as opposed to mental illnesses being considered as mitigating factors during sentencing.

I'm sure many of you have heard of the McNaughton (M'Naghten) rule, which was the first legal test/standard used to determine sane/not sane for standing trial. At the most basic level, the rule determined that if someone didn't know right from wrong, they could be declared insane. (That's an uber simplistic interpretation, but it's close enough).

Through the years, the laws have been challenged, and refined based on sometimes subtle nuances to create additional rules, like a plea of 'diminished capacity', which isn't quite the same thing as being declared legally insane.

And farther along the spectrum of psyche defenses are what is called 'mitigating factors', which often play into consideration during sentencing. Especially in death penalty cases. This is when things like bi-polar, history of abuse, low IQ usually come into play when it has been established that a suspect knew right from wrong at the time of their crime. The defense will argue that the suspect had psychological overlays that effected their judgements, or their ability to respond 'normally' to situations they knew were 'wrong'.

(I'm over simplifying this... but here is a decent 'quick and dirty' overview from Cornell Law if you want a better summary & more details:
http://www.law.cornell.edu/background/insane/insanity.html

My expectation is that TM's lawyers MAY try for a diminished capacity defence, dependent upon medical history in general, and especially history that might support a claim that AM was abusive & controlling.

Regardless, based on what her family has shared, I'm 99.999% certain that her attorneys will present any reports of 'slowness', mania, suicide attempts, etc. to plead for a life sentence rather than the DP. At this stage, they're already thinking about how they can keep TM alive.

And they won't have trouble getting witnesses. Bobbi, Mom Tate, past teachers, the neighbours who'd see TM screaming at Adam. The previous LE visit to the house for a suicide threat.

Legally, I think TM is most likely in a very good position to escape the DP. And between now & when she goes to trial, she'll be under medical supervision, including a med-run, if it is required. Which means by the time she testifies (or takes a plea), she might be more lucid and able to tell her story coherently.

Thank you. I agree she needs to be evaluated for capacity and culpability in this...

 

[CharlestonGal]

Is there a link to TM's official statement about the crimes? I must have missed it. I apologize if i did...so many posts!

The affidavits are linked on here somewhere. Here's a synopsis:

"Adam and Teresa Mayes are charged with killing JoAnn Bain and her 14-year-old daughter, Adrienne, in the Bain's Tennessee home in order to kidnap the two younger girls, according to affidavits filed in the murder charges. Teresa Mayes told police she witnessed Adam kill JoAnn Bain in the garage of the Bain's home, and then kill Adrienne Bain in the home itself."

http://abcnews.go.com/US/adam-mayes-makes-fbi-top-10-wanted-family/story?id=16312023#.T61q47PlPqx

 

[HaikuMommy]

AB has MJ's pale blue eyes. I don't know if AM thought both were his or just one of them.

All the descriptions I read say she has hazel eyes? (I agree they are light)

 

[PrairieWind]

Is there a link to TM's official statement about the crimes? I must have missed it. I apologize if i did...so many posts!

It would matter some if the murders had actually occurred in Mississippi. Then Miss would be the state that would try them for murder. Or the federal government. But seems clear they were killed in Tenn. Both states and the Feds have the death penalty that could apply. However, Tennessee's death row is at a standstill now.

 

[butterfly1978]

I think with reports Mayes needed a heart transplant he probably knew he was't going to live much longer anyway, I think he didn't feel he had much to live for anyway and why die a slow death, the "family he "loved" was moving away so he wanted to take what he thought was his and "live" his life with his "family" and go out in a blaze of glory.

 

[hollyblue]

I'm watching HLN. Press conference 4:00 ET. Both mother and daughter were strangled. 1 arrest for false information and 2 gun arrests. 1 of which they said was possibly the person that may have provided Mayes with the gun. The showed the spot where Mayes shot himself, leaves covered in blood.

I keep questioning whether Mr Landlord that was interviewed for so long is one of the recent arrests?

 

[LucyOso]

He'd have to kill me! I would rather die then to sit back and watch someone harm innocent people. I would rather die than ever HELP with something like that. At least I would die with my hands clean and my heart whole. I can not and will not allow these women, both MM and TM, to use this as any excuse. I'm tired of the excuses. There comes a time when you know what you should do and what you should not do. These women are just as guilty as AM.

MOO

Respectfully IMOO...It is very easy to declare what we would do and the moral and just path we would follow when we are so far removed. But, the reality is, when you are in a situation, under pressure, fearing for your life or what not...survival instincts tend to automatically override our mores. Think of POW, MIA, women who are pimped, victims of domestic violence, etc, etc, etc...The point is for me, to try and walk in their shoes so i can have a better understanding of what causes situations like this to snowball. Because there are red flags and at every moment the process could have been stopped. But, life is not black and white and TM and MM also may have been in a situation where they could not "take that step back" and say...I would rather die then help with something like that...

 

[andalso]

"Acting on a tip, police had found Mayes, 35, and the girls near New Albany, Miss., according to Guntown Police Chief Michael Hall."

BBM. Interesting. LE said a few days ago that AM's father was in New Albany. I seriously doubt that is some kind of cosmic coincidence. I wonder if he's one of the additional people arrested?

http://usnews.msnbc.msn.com/_news/2...d-tenn-girls-found-safe-suspect-dead#comments

Red By Me: I agree, and like the way you put it!
If I were to bet on it, I'd say AM's father & brother are 2 of the 3 recently arrested. IMO & guessing.

 

[PrairieWind]

I think with reports Mayes needed a heart transplant he probably knew he was't going to live much longer anyway, I think he didn't feel he had much to live for anyway and why die a slow death, the "family he "loved" was moving away so he wanted to take what he thought was his and "live" his life with his "family" and go out in a blaze of glory.

Thats exactly what I was thinking too. When the family decided to move back to Arizona, he knew he was running out of time to act.

 

[hollyblue]

Live Stream: http://www.wmctv.com/category/212988/action-news-5-live-video-coverage-channel-2

On HLN now.

 

[HaikuMommy]

Regarding the argument back and forth whether AM "loved" these girls or was grooming and possibly abusing them... The "love" he displayed was possessive and controlling to the point he murdered their mother. The "love" shown to AM by his own mom was twisted because she was cruel to all the other kids except him. That is not healthy, normal love. That shows me he didn't know what "love" was, he had been taught that obsession is the same thing as love. The step between possessive obsession and molestation is one he may well have taken. Kind of like the Austrian dad who kidnapped his daughter and locked her up for his own sex slave when she started wanting to date and become independent. When you see a person as an object that you own, it is easier to justify abusing them. He probably thought he loved TM when he married her and took "possession" of her, too.... to the exclusion of the rest of HER bio family. Not the first time he had snagged someone for his own and cut out the rest of their family.

 

[gitana1]

I have a question!
What if they do DNA and find that GB is not the father of either child?
Then what.
Can the older childs dad fight to regain custody because they put his child in harms way? What is it endangerment of a child?

Bain adopted the middle, surviving child. So DNA on her is irrelevant and if Bain was found to have endangered the child, and the child removed, it would be unlikely that the father who gave her up, would ever regain rights. She'd go to one of Joann or Gary's relatives or into the system.

The younger one looks like him but even if not, since the child was born of the marriage, most states hold no other "father" would have rights to the child.

The definition of endangerment of a child may differ slightly as to wording from state to state, but it includes things like leaving a child unattended, in a hot car, giving them unsupervised access to dangerous things like guns or unsecured poisons, drugs or alcohol, etc. It means putting them in a situation in which their safety is compromised and in which it would be reasonable to believe the situation was unsafe.

I agree but it seems this entire thing happend because AM thought a child was his?

I think TM's lawyer is going to ask for it

JMO

I don't. But regardless, paternity has nothing to do with the case against Mary and TM. That is not a mitigation to aiding and abetting a kidnapping or murder.

I thought MJ was the father of the two oldest?

Yes, I believe he is. He stated he gave up paternal rights to both of them and allowed Gary to adopt them.

I've been following the case here since the beginning, but every time I started to post, something would be reported and the horrific reality that this was actually happening stopped me from my seemingly frivolous piecing together the puzzle.

Anyways, so no great first post from me. However, I would like to say that I think the LE that rescued the girls are heroes. Those wildlife officers amaze me. A couple of years ago, a man and his son had killed two LE after they were stopped on the expressway in West Memphis Arkansas. It was a wildlife officer who stopped them in the Walmart parking lot by ramming his jeep into their car while simultaneously firing on them. It was caught on camera and was amazing to see. These guys are highly trained and extremely brave.

It was said that AB was spotted first. Then that both girls were "found" lying face down on the ground. I'm pretty sure those guys somehow had them do that. I wonder if they communicated with AB, who then got her sister to lie down with her. I bet they watched for a long time, waited until they could get AB close, then communicated with her. Hopefully we will hear more details about the actual rescue.

:fireworks:WELCOME!!!!!:fireworks:

Great first post!

I tend to think he didnt molest the girls. I remember when Shasta went through that and she was in the hospital for several days and had to have surgery. She was 8 at the time. No matter the age of the child they will do an exam to rule out rape or molestation.They will even do them on infants if they have a reason to believe they have been sexually abused.

Since LE said the girls were fine except for dehydration and a few scratches and they were released in less than 12 hours to go home , imo. no sexual assault of these two girls ocurred.

Imo, the police are very sympathetic to Gary and have been in constant contact with him. He will not lose his custodial rights nor should he, imo.

HLN just said the girls are back home with their daddy.

Shasta was repeatedly and violently raped and tortured. Not every molester does that. Sometimes they just fondle or make the child perform sex acts on them. An early release from the hospital is not a guarantee that nothing happened to these girls, but I hope nothing did.

In any event, I am sure they were examined and tests runs for STDs or whatever and I'm sure if those results came back positive, the girls would receive additional treatment. But for now, unless there are serious injuries, there seems to be no reason to keep two scared girls who really want their daddy, from going home.

 

[JeannieC]

There are several cases where the accused gets off free when they are in fact guilty. It needs to be a more thorough investigation. Such as the kids getting examined medically. Taking the child's word for it is not enough for the pedophile usually scares the child out of telling.

You are so right! It takes more than a short session with a child to get them to tell. Its not always fear that holds them back. Sometimes they are told its a secret and something special between them. A pedophile is good at what he does.

I feel certain the girls have been examined internally and have had blood drawn for testing.

My ex-boy friend's two granddaughters were molested by the babysitter's son. They were 18 months old when he began molesting them. Too young to talk. Two years old when it came out. Four children were involved. All under the age of 6.

They were all interviewed by a child specialist for weeks. Interviews were mostly playing games with dolls and pictures. Once a week sessions. No parents allowed in the room but they could view through a one way glass. The children one by one began to talk or do things with the dolls that only a child who was molested would do. We heard every question and none were ever leading questions.

In their case, one child was afraid of him. The other three were not. This kind of pervert is good. Children don't see people like adults do. This man gave me the creeps the first time I saw him. Long before anything came out about him. He acted like he loved the children. Everyone trusted him but me.

I think some of us have a built in radar and others don't. Some of us see through a person while others trust blindly.

I believe GB and JB thought the charges were made by either a jealous wife or an angry sister-in-law and when nothing came of it they took it as a false allegation and moved on. Call them naive but don't ever think they didn't love their children. moo

 

[ferrety]

New Conference
http://www.wlbt.com/category/187518/live-video-jps-news-conference-on-rezoning

 

[Curious Me]

The affidavits are linked on here somewhere. Here's a synopsis:

"Adam and Teresa Mayes are charged with killing JoAnn Bain and her 14-year-old daughter, Adrienne, in the Bain's Tennessee home in order to kidnap the two younger girls, according to affidavits filed in the murder charges. Teresa Mayes told police she witnessed Adam kill JoAnn Bain in the garage of the Bain's home, and then kill Adrienne Bain in the home itself."

http://abcnews.go.com/US/adam-mayes-makes-fbi-top-10-wanted-family/story?id=16312023#.T61q47PlPqx

That pic of him with the girls bothers me so much. It is so sad to know that one of those girls is dead at his hands. How normal could this guy have acted? I don't understand how he went under everybody's radar to the point he was still hanging around the family. I do not understand.

 

[Patty G]

Live now
http://www.livestream.com/actionnews5

 

[BeginnersLuck]

http://www.jacksonsun.com/article/2...son-awhile?odyssey=tab|topnews|text|FRONTPAGE

A Madison County Sheriff’s Office report indicates that Adam Mayes and his wife, Teresa, once lived in Madison County and that deputies were dispatched to their home at 3324 Riverside Drive on three separate occasions.

A report filed on March 16, 2009 said deputies went to the Mayes home because of a domestic dispute between Mayes and his wife. “Upon arrival, Mr. Adam Mayes stated that he and his wife, Mrs. Teresa Mayes, had a dispute about his niece.

Another report filed on August 1, 2009 said deputies responded to a call from Mayes and that when deputies arrived he told them that Teresa said during a discussion that “she was not happy living with him and that if she left or if she committed suicide that she might be happy,” the report said.

The last report deputies responded to at the home of Mayes and Teresa while they lived in Madison County was filed on February 23, 2010. (this was the report due to the sexual assault allegations)

I think this paints a pretty clear picture that TM was aware that AM was acting inappropriate with 1 or both of the children. He easily brushed it off to the authorities as her being mentally ill. TM probably never told the police what was really going on but it clearly upset her. AM's mom had to of looked the other way. There may be other allegations in other areas that have not been revealed yet. CPS does not have a good tracking system.

Add the above to AM's excessive attention that he paid to the girls, the fact that he told others they were his (to disquise the inappropriate behavior) and the request for viagara because of his impotence due to his bad heart, there is no doubt he was molesting them.

Due to his impotence there may not have been any penetration involved.

AM did not think on of those children were his biologically. He wanted to possess them full time.

Most likely, they will not dwelve into the molestation with the girls at this time to prevent additional trauma. They will wait to address this issue at a later time.

 

[hollyblue]

Girls were within inches when AM took his life.

 

[gitana1]

All three were face down trying to hide from officers.

 

[winterrose]

Oh he shot himself right next to the girls, I detest that man. He probably told them to lie face down to hide. Thank goodness they were, though, if there had been shooting...