GUILTY VA - Tina Smith, 41, slain, 12yo daughter abducted, Salem, 2 Dec 2010 - #8

[Strawberry Fields]

I would hope the father hired a family attorney to help be the family mouthpiece of sorts. NOT a celebrity lawyer, but just someone to advise dad on navigating this terrain and protecting his family from the "cult of celebrity" that sometimes springs up around the family involved in a high profile case.

As to hiring one for BS, that seems suggestive of her needing one?

I know that BS is a victim and in my eyes could be nothing but a victim at age 12, but I thought that it would have been a law that when the detectives questioned her (as they apparently did in CA), a parent or attorney would have to be present.

 

[tlcya]

lol @ lonetraveler. I may have to do some research on the web (IANAL but I am curious enough to go out searching for what little I can glean). Really hoping a lawyer is following the thread and will chime in tho.

 

[lonetraveler]

I know that BS is a victim and in my eyes could be nothing but a victim at age 12, but I thought that it would have been a law that when the detectives questioned her (as they apparently did in CA), a parent or attorney would have to be present.

BBM: That is exactly what I have been assuming but I've found in the last few years not to assume anything. I haven't seen nor heard of anyone speaking to the press or anything. I don't know how the media was controlled as well as it appears they were.

 

[georgiajean]

Thank you, I was wondering what BS was like prior to JE coming into her life. Does anyone have any information that would enlighten me? TIA.

If you go to FB, Memorial Page for William Tyler Matherly.
There are 25 pictures (it's the new style FB page, with the pictures over on the left instead of up along the top as a tab). There are pictures of BS 1.5 years ago. hope that helps.

 

[passionflower]

I find the topic of giving 'love offerings' or donations at the time of funerals interesting, as I just attended the funeral of one of my aunts yesterday. Had not seen this side of the family in a few years. I had known that my uncle probably did not have a lot of money, but do know he has a lot of love from his children and other family and friends. My aunt was cremated and just as in TS's case, her ashes were on a table in front of the chapel. I noticed my uncle was holding some cards and it occurred to me that perhaps people had been bringing 'love offerings' to him during the memorial service. I had wanted to do that but did not want to offend him and was really uneasy if it would have been appropriate to do this. Am even now wondering if I should put a little money in a sympathy card and send to him and if I did that, should I put a notation on the sympathy card or just include it and not mention it? Sorry to be sort of OT with this.

Yes, us southerners sure do like to take potato salad to a family when someone has passed away. (Bless our hearts).

Up North we love to bake goodies too.........comfort food.
I noticed that if you don't send flowers you honor the deceased with a
monetary love gift.......to be used for burial, headstone,charity of their choice, book at library,or a tree in a park..........in memory of.........

 

[lonetraveler]

If you go to FB, Memorial Page for William Tyler Matherly.
There are 25 pictures (it's the new style FB page, with the pictures over on the left instead of up along the top as a tab). There are pictures of BS 1.5 years ago. hope that helps.

Thank you so much for leading me by the hand LOL. I'll go take a look.

 

[lonetraveler]

lol @ lonetraveler. I may have to do some research on the web (IANAL but I am curious enough to go out searching for what little I can glean). Really hoping a lawyer is following the thread and will chime in tho.

Wow tlcox, while doing a bit of research on children and protection thereof I came across a lot of information on just what twelve year olds are capable of doing to others............disconcerning at the least.

 

[Lysistrata]

I would hope the father hired a family attorney to help be the family mouthpiece of sorts. NOT a celebrity lawyer, but just someone to advise dad on navigating this terrain and protecting his family from the "cult of celebrity" that sometimes springs up around the family involved in a high profile case.

As to hiring one for BS, that seems suggestive of her needing one?

Under the circumstances, anyone connected to a serious legal issue needs a lawyer, not just to help keep them out of trouble but to keep them from unwittingly implicating themselves. There probably are lots of things this child knows that, phrased the wrong way, could cause her more trouble than she needs. A lawyer would help her to not implicate herself.

Generally, at least in juvenile/domestic relations cases, kids are appointed guardians-ad-litem, attys to protect their personal interests, as well as an atty to protect their legal interests. I'm not sure I'd want a court appointed atty in this situation, although sometimes pretty good atty's get called on to do such cases. Even if she's 100% uninvolved and innocent of everything, she needs someone familiar with the in's and out's of the law to make sure it stays that way. Who knows what JSE might try to pin on her?

 

[passionflower]

Under the circumstances, anyone connected to a serious legal issue needs a lawyer, not just to help keep them out of trouble but to keep them from unwittingly implicating themselves. There probably are lots of things this child knows that, phrased the wrong way, could cause her more trouble than she needs. A lawyer would help her to not implicate herself.

Generally, at least in juvenile/domestic relations cases, kids are appointed guardians-ad-litem, attys to protect their personal interests, as well as an atty to protect their legal interests. I'm not sure I'd want a court appointed atty in this situation, although sometimes pretty good atty's get called on to do such cases. Even if she's 100% uninvolved and innocent of everything, she needs someone familiar with the in's and out's of the law to make sure it stays that way. Who knows what JSE might try to pin on her?

ITA with this.
I don't even think I would let her go back to school right now.........you know kids will say all kinds of stuff to be popular etc.
Which could be used against her.
Until this is case is over, I think I would go private home schooled.
Kids/people can be cruel, ask questions that should not be answered yet only to LE or attorney.
It's a very dangerous situation that BS is in right now.

 

[tlcya]

ty passion. Exactly my point as well. An attorney guiding her dad on her behalf would be the best thing for all involved right now. Someone who can protect and act in BS own interests through her dad, whose charge it is to help her, heal her and protect her interests above all else.

 

[AvalonBlue]

Thank you, I was wondering what BS was like prior to JE coming into her life. Does anyone have any information that would enlighten me? TIA.

I read all of BMS's MS quotes and could really see and feel such a difference in her attitude prior to JSE coming into her and Tina's lives. Although she was clearly grieving her brother, she also was finding comfort in normal activities and really seemed to enjoy her mother's company and doing special things with her.

So sad how much can change so quickly.

As a fifty year old adult I know how much I suffered when my Dad and my only sibling died within eighteen months of each other.

I just can't imagine the pain for twelve year old BMS losing her brother and mother to such tragic circumstances in just sixteen months.

 

[AvalonBlue]

Yes, us southerners sure do like to take potato salad to a family when someone has passed away. (Bless our hearts).

And us transplanted southerners sure have loved ya'll for it when we have returned for the funerals of loved ones.

Slightly OT, however, I just wanted to bless your heart for bein' so sweet. It makes a world of difference in this crazy world when we all watch out for each other with love offerings and good potato salad.

:blowkiss:

 

[tlcya]

I can't ever not enjoy potater salad. Southerners come from the most giving, from the heart, I'll fry up a chicken, place, than any other region I know.

I do not draw any untoward conclusions from money being collected or accepted on BS or family's behalf. I agree that regional traditions and social relationships and interactions vary widely around the world. A "love offering" was collected by someone attempting to be helpful and act in a situation they were concerned or captivated by. I do not read any more or less than that.

 

[JdeerG]

South Boston/Halifax Co., VA is very southern and very rural. This is what people do there. It used to be gifts of fried chicken, potato salad or a cake/pie until so many folks quit cooking so much. I am not making fun or being sarcastic at all ...I've been there, know a few folks there, and live in an area very much like SoBo/Halifax. It simply says, "We care". I doubt that too much money was raised and whatever it was, I don't think BS's father/family will misuse it. Like was previously stated, the family didn't ask for any of the donations.

When my mother died some years ago, an acquaintance of mine in MN sent me a $20 check. I was completely taken aback as money wasn't an issue at all and he didn't request that it be donated to a charity we'd listed in her obit. When I thanked him, I also asked him why he'd sent it. He said that's what folks do in his little corner of the world. Local customs vary on lots of things, I guess.

On a different note, my biggest fear re: BS's future is that there won't be a qualified therapist within easy driving distance. I know first-hand what exists in community mental health centers and I know that neither I nor my former colleagues would have ever felt qualified to deal with such serious issues. My greatest hope is that neither she nor her family will think driving 150-200 miles RT is an imposition...that they'll see it as absolutely vital to her healing. I hope too that someone knows who actually is qualified to undertake long-term counseling with this child. It will be costly and time-consuming, even with insurance.

BS should be able to draw Social Security survivorship benefits from her mother's death. I hope that her father will direct a significant portion of that money, if necessary, to obtain good counseling.

Oh...PS: One of the mods on the Justice for TS FB page did comment that she hadn't seen celebratory things like this on for BS for returning soldiers from Iraq/Afghanistan, including her own husband, and thought that was odd/interesting (something to that effect). She and the other mod knew Tina, I think from the support group for kids lost to 'the choking game'.

Very great reply. However, I am very disturbed by her family. Dad doesn't say much. Then, she is found, and all news assumes that a family member will be flying out there immediately with the detectives. That is written. They did not make that initiative and I am concerned her entire family must be entirely clueless. If they thought she witnessed her mother's death, was abused, and forced across the country, ABSOLUTELY someone would fly out immediately..especially her father. You can say money was the issue, but if the family member did not have the money, it would have been easily acquired by anyone at this point.

My worry is, the family is clueless about what kind of help she will need. They most likely can't afford it and if they could, the effort to drive her so far would be too much trouble. (Since they could not could fly there)

Her dad didn't show up until after she was found. He is not bonded with her so it didn't affect him deeply.

Regardless of what her roll is (if any), let's pray she gets the help she needs, but it's very doubtful because her family can't even fly out to see her after she's found, and the Chief of Police states right after she is found that he assumes a family member will fly out. It did not occur. That has struck me as wrong against that family whining and crying to get her back. They do, and NOT one flies out.

 

[JdeerG]

He may have had a friend that did it for free or for cost, but the quality of tattoo work is very poor. I hope he didn't pay much for the work.

Most likely this guy if he's had any recents.

http://alexstattoo.com/

 

[JdeerG]

Under the circumstances, anyone connected to a serious legal issue needs a lawyer, not just to help keep them out of trouble but to keep them from unwittingly implicating themselves. There probably are lots of things this child knows that, phrased the wrong way, could cause her more trouble than she needs. A lawyer would help her to not implicate herself.

Generally, at least in juvenile/domestic relations cases, kids are appointed guardians-ad-litem, attys to protect their personal interests, as well as an atty to protect their legal interests. I'm not sure I'd want a court appointed atty in this situation, although sometimes pretty good atty's get called on to do such cases. Even if she's 100% uninvolved and innocent of everything, she needs someone familiar with the in's and out's of the law to make sure it stays that way. Who knows what JSE might try to pin on her?

Very good reply. Thank GOD for guardian at-litems.

You are correct that maybe JE is trying to put some of what happened off on her and that is why there is no charge yet.

I understand they are doing DNA samples and crime scene analysis right now just to make sure, but I am sure the first question Roanoke County asked was, "Did you kill TS?" to JE.

He either said no or that others were involved.

So, maybe he is trying to pin some stuff on her to get a lighter sentence.

It seems he's breezed by the indecent charges...but we have no idea if he even looked at her that way. People can say he did, but it's unsure at this point.

I believe he may try the option of saying she is responsible partly or fully (that could be the case, but very iffy). I am not sure why he'd try that though. His kidnapping charge will probably land him forever in jail.

 

[impatientredhead]

I know that BS is a victim and in my eyes could be nothing but a victim at age 12, but I thought that it would have been a law that when the detectives questioned her (as they apparently did in CA), a parent or attorney would have to be present.

I think this is the difference, they can talk to her if she agreed to it, especially as a victim. But if/when they moved slightly into the suspect role with her she would need an attorney or a parent or anything they gleaned would not be able to be used against her.

Even if it is technically legal for them to question her regarding criminal matters if she agrees to it, any attorney in the world would challenge those statements and her ability to understand she is waiving her rights.

The flip side of this is a victim needs to talk to LE and the abusers/criminal/those covering for them are her parents or family members... you can't have a law that says LE cannot talk to them without those same people required to be sitting in on the questioning.

So it is not illegal, but there are guidelines and ethics to say the least.

 

[tlcya]

Very great reply. However, I am very disturbed by her family. Dad doesn't say much. Then, she is found, and all news assumes that a family member will be flying out there immediately with the detectives. That is written. They did not make that initiative and I am concerned her entire family must be entirely clueless. If they thought she witnessed her mother's death, was abused, and forced across the country, ABSOLUTELY someone would fly out immediately..especially her father. You can say money was the issue, but if the family member did not have the money, it would have been easily acquired by anyone at this point.

My worry is, the family is clueless about what kind of help she will need. They most likely can't afford it and if they could, the effort to drive her so far would be too much trouble. (Since they could not could fly there)

Her dad didn't show up until after she was found. He is not bonded with her so it didn't affect him deeply.

Regardless of what her roll is (if any), let's pray she gets the help she needs, but it's very doubtful because her family can't even fly out to see her after she's found, and the Chief of Police states right after she is found that he assumes a family member will fly out. It did not occur. That has struck me as wrong against that family whining and crying to get her back. They do, and NOT one flies out.

Are TS or BS family members accused of some wrongdoing? I guess I am having trouble following how we came to be coming from a seemingly judgement place about a what a grieving, shellshocked family should be doing?

 

[impatientredhead]

Very good reply. Thank GOD for guardian at-litems.

You are correct that maybe JE is trying to put some of what happened off on her and that is why there is no charge yet.

I understand they are doing DNA samples and crime scene analysis right now just to make sure, but I am sure the first question Roanoke County asked was, "Did you kill TS?" to JE.

He either said no or that others were involved.

So, maybe he is trying to pin some stuff on her to get a lighter sentence.

It seems he's breezed by the indecent charges...but we have no idea if he even looked at her that way. People can say he did, but it's unsure at this point.

I believe he may try the option of saying she is responsible partly or fully (that could be the case, but very iffy). I am not sure why he'd try that though. His kidnapping charge will probably land him forever in jail.

imo we have not seen a murder indictment against him because the state has no incentive to file it at this time. He is not going anywhere, and once they file they start the clock ticking on his right to a speedy trial. Odds are he will waive that right and there will be delay after delay, but there is no reason to risk it and to get his high price death penalty attorney thrown into the mix.

Those charges are coming, when they are ready.

I don't think we will see any federal charges for kidnapping, the state will keep those on the docket as an aggravating factor. I don't believe we will see any sexual abuse charges because they don't need them. Death penalty for murder is about as much of a penalty as you can get, the details won't have to be poured over for the victim, etc....

I know people say they will file all of those charges and bury him with everything from the credit card use, to stealing from the house, etc..... but they have limited resources and aren't going to tie up the court hours when he will already face the maximum sentence possible, and criminal cases are largely strategic planning, they are not going to muddy the waters with anything they don't have to.

moo of course

 

[salvarenga]

It is also entirely possible that a child advocate from the FBI advised against her father or a family member going out to meet her. Perhaps they were afraid of what questions her family might bombard her with that she would not be mentally prepared for. I can see someone wanting to go and being told that it would not be in her best interest.