I have seen arrest reports where the victims were inmates in a county jail & were being harassed by persons not incarcerated via mail and telephonically. Suspects were not only arrested but also convicted.
GUILTY TX - Christina Morris, 23, Plano, 30 August 2014 - #38 *Arrest*
- Thread starter los2188
- Start date
- Status
I have seen arrest reports where the victims were inmates in a county jail & were being harassed by persons not incarcerated via mail and telephonically. Suspects were not only arrested but also convicted.
cluciano63
Well-Known Member
- Joined
- Feb 9, 2010
- Messages
- 41,198
- Reaction score
- 27,305
I don't have a problem with it...just see it as very fruitless protest. Jmo
Re the motion for "restrictive and protective order," that description could apply to any number of things. I don't know how this county clerk operates, but I suspect that what was entered on the website was simply quoting the title on the motion itself, and you'd need to read the motion to ascertain what restriction and protection is on the table. Without seeing the motion itself, I can only offer a guess.
One possibility is that it could have to do with evidence.
But I'd guess it could have to do with the picketing. Strictly speaking, the picketing doesn't directly do anything to EA, since he's incarcerated and doesn't even see it, and therefore I don't see how he would have legal standing to object to it. Also, that picketing isn't part of this case per se, different parties involved.
But if it does address the picketing in some way, the most likely legal angle IMO would be a claim by EA that the picketing at the jail is somehow infringing his right to get visitors (using the idea that they are somehow being harassed or threatened by the presence of the protesters). Or, perhaps the claim would be made that the picketers are theoretically influencing potential witnesses. I think that a good DA could defeat motions like that, provided the protests are otherwise complying with the law, but that's why they have a judge to balance the sometimes-conflicting interests of various parties.
One possibility is that it could have to do with evidence.
But I'd guess it could have to do with the picketing. Strictly speaking, the picketing doesn't directly do anything to EA, since he's incarcerated and doesn't even see it, and therefore I don't see how he would have legal standing to object to it. Also, that picketing isn't part of this case per se, different parties involved.
But if it does address the picketing in some way, the most likely legal angle IMO would be a claim by EA that the picketing at the jail is somehow infringing his right to get visitors (using the idea that they are somehow being harassed or threatened by the presence of the protesters). Or, perhaps the claim would be made that the picketers are theoretically influencing potential witnesses. I think that a good DA could defeat motions like that, provided the protests are otherwise complying with the law, but that's why they have a judge to balance the sometimes-conflicting interests of various parties.
daisytrail
Former Member
- Joined
- Dec 27, 2014
- Messages
- 933
- Reaction score
- 2
Would EA have standing, should this really be about the people picketing, to take this further if the judge denies his request? I doubt it. Because he is not the person visiting. Nothing is actually stopping anyone from visiting EA who is on his visitors' list. If someone wishing to visit EA somehow believes that they are being preventing from visiting, should not that person bring suit. I know that you are speculating for our benefit SteveS, but I really don't think this has anything to do with the picketing. In fact, I think his lawyer would be foolish to make the picketing an issue.
ETA: One would have to be a pretty cowardly wimp not to walk past a few folks picketing.
ETA: One would have to be a pretty cowardly wimp not to walk past a few folks picketing.
Your points are valid. But I'd also note ...
- EA's attorney can come up with arguments to try to stop the protests, if that's what they want to pursue. He can theorize angles that offer standing, using claims of EA's rights and needs being violated.
- He can file a motion, even if his arguments are weak.
- The DA's answer may be lousy, or not.
- And, in any event, he can hope that the judge rules his way. The worst case scenario for a weak motion is simply that he gets a "no."
That having been said, without seeing the text, I don't even have an idea what the motion is about. So I certainly can't argue for or against the arguments it offers, much less the validity of its reasoning. We'll find out in time.
daisytrail
Former Member
- Joined
- Dec 27, 2014
- Messages
- 933
- Reaction score
- 2
Many months back, I looked up what it took to visit a prisoner in Dallas County Jail. The information that I received indicated that a prisoner has to put you on his visitors' list. I also looked up how to send mail and what might be sent. Dallas County requires that prisoner agree to receive mail from you for what you sent to even reach said prisoner. I wonder if the rules for Collin County are similar. If so, letter sent may not necessarily be a letter received. It could then be that Christina's mother's letter may never have reached Enrique. As there has been no gag order on anything pertaining to EA's case, nothing currently could constrain Christina's family from speaking to the media about the letter written. Since EA's attorney showed up when Christina's friends and family last picketed the home of the parent's of EA for his own face time with the media, he may actually want to put a stop to the pickets, but I doubt it. My guess is that he much prefers the face time. However, if the attorney's goal is to actually get the case moved from Collin County, then he might be playing that card long before the trial.
Bootsctr
Well-Known Member
- Joined
- Jul 29, 2012
- Messages
- 8,428
- Reaction score
- 295
Call me a cowardly wimp, you can never tell what whackos a case is going to attract - including someone who might be inclined to administer their own form of vigilante justice. I'm sure the lawyer is well informed of the threats made on social media to EA. Who knows if someone has threatened the lawyer? I'm sure a lot of people feel he is a for representing EA and someone would probably say he got what he deserved for representing EA. It's a dangerous world today. I underestimate no one. The lawyer is a smart guy. I'm sure he knows the danger that surrounds this case... :twocents:
Mamamerced
Well-Known Member
- Joined
- Feb 20, 2014
- Messages
- 1,947
- Reaction score
- 1,628
People vent all the time on SM and in online news. I'm sure the defense is taking advantage of and magnifying the "danger" involved or fabricated
daisytrail
Former Member
- Joined
- Dec 27, 2014
- Messages
- 933
- Reaction score
- 2
Well, if someone among the picketeers has actually made a credible threat to EA, who is behind bars, or to his possible visitors (those on his list) then count me as someone who believes a police report should be filed.
(On a personal note, I have been harassed by a person in the apartment building where I live for over two years (and stalked prior to that) by someone who knows exactly what line to come up to without getting in police trouble. I have recently obtained some legal advice about it which gave me a possible remedy, thank goodness. I am no fan or harassment but that has not stopped me from living my life.)
However, back to the subject at hand, were my daughter in jail, no picketeers would stop me from visiting her.
Do you know if the picketeers have crossed the line into harassment or stalking? As you know, here in Texas, where anyone can have a gun, anything can happen. I don't think it is possible to make the world a perfectly safe place.
daisytrail
Former Member
- Joined
- Dec 27, 2014
- Messages
- 933
- Reaction score
- 2
About Christina's family and the public nature of their search, vigils, and pickets: They have every right to try to shape the narrative of this "story," for Christina will never be just a story to them but a lost and beloved child. We have recently seen that Jonni believes her daughter is still alive. I have no way of knowing what it is that underpins this belief. She must handle her grief and her terror in her own way.
That any of us might see things differently or do things differently is understandable. Christina is not our child. I know that there are things which I would do differently. I have never said that I approved or disapproved of Chistina's family's choices in this matter. I think it would be very arrogant of me to try to second guess them.
When I do appear to defend them, it is not as the mother of a missing child that I do so, but rather as a former volunteer victim advocate. Victim advocacy is not something you shed just because you no longer hold the official position, but a state of mind you acquire over time by listening and educating yourself about what victims and survivors suffer.
However, I am not trying to censor anyone else on these matters. What I mean is that, in my particular position, it would be arrogant of me personally to second guess them.
That any of us might see things differently or do things differently is understandable. Christina is not our child. I know that there are things which I would do differently. I have never said that I approved or disapproved of Chistina's family's choices in this matter. I think it would be very arrogant of me to try to second guess them.
When I do appear to defend them, it is not as the mother of a missing child that I do so, but rather as a former volunteer victim advocate. Victim advocacy is not something you shed just because you no longer hold the official position, but a state of mind you acquire over time by listening and educating yourself about what victims and survivors suffer.
However, I am not trying to censor anyone else on these matters. What I mean is that, in my particular position, it would be arrogant of me personally to second guess them.
What-if games are fun. I want to dive in head first, but have to remind myself that I really shouldn't speculate at all, because of the utter lack of info on the motion itself. We may be looking at a completely different protective issue here.
I will say this. If there is an actual threat being made against EA, it's certainly pertinent to the case in general, as it pertains to the ongoing conditions of incarceration flowing from EA being under arrest. And if that's what's happening, I wonder if this development has arisen from the "sexual assault of a child" indictment. Just saying. (Some here have tried to downplay that indictment, as if it doesn't matter, but imo that's a huge mistake. It matters legally, and to some individuals it can matter a lot.)
Isn't it public record?
zippixx
New Member
- Joined
- Nov 6, 2014
- Messages
- 1,470
- Reaction score
- 1
Dunno... if it is public record, I can't find it & nobody else here seems to know exactly what this pertains to.. The fact that the "Motion" happened is public, but the details seem to be hidden..
I don't see why he would file a protective order against picketing....
My guess is that he is trying to file it against CM's mom, Jonni. Like NWLady suggested upthread...Enrique probably doesn't want to read any letters from her and is probably arguing that it is a form of harrassment.
My guess is that he is trying to file it against CM's mom, Jonni. Like NWLady suggested upthread...Enrique probably doesn't want to read any letters from her and is probably arguing that it is a form of harrassment.
zippixx
New Member
- Joined
- Nov 6, 2014
- Messages
- 1,470
- Reaction score
- 1
I'm guessing that he has been inundated with mail. Who knows if the mail gets to him, or if he reads the letters, or if he cares... Nobody is forcing him to read anything... just throw the mail out, if it's bothersome.. (poor guy.... :boohoo
Of course, that's easy for me to say... his attorney might look at it differently & consider it harassment... JMOI don't know much about Texas law but I think in most (some?) states, if it's not public record, it has to indicate SEALED on the docket. Regardless, reporter BF should probably not rely on the DA as her primary (or exclusive?) source. JMO - get a copy of the actual motion. It only costs 10 or 15 cents a page. The newspaper will reimburse her, I'm sure.
JMO (and I confess I'm overly picky about my news. That whole Rolling Stone thing has only made me more wary.)
- Status