Found Deceased WA - Jenise Wright, 6, Bremerton, 2 Aug 2014 - #10 *Arrest*

[newone]

http://www.huffingtonpost.com/2014/08/12/gabriel-gaeta-jenise-wright_n_5672724.html

According to this article in the Huffington Post it was the Prosecution who requested a mental health evaluation NOT the Defence.

Now it makes sense.

The Defence may be formulating a mental illness defence and doesn't want GG to be found OK or....there is something they want to keep hidden until they get to trial about his meds or condition.

thank you! I recalled it ''incorrectly'' -- I really thought his attorney had requested it.

from your link:

''She also asked for other conditions, including that he not be allowed to contact minors under age 18 or frequent areas where minors would go. Judge Kevin Hull agreed to both the bail and other restricting conditions. Hull also granted prosecutors' request for a mental-health evaluation for Gaeta.

Prosecutors said they want that competency evaluation before filing charges against the teen.''

 

[Tealgrove]

I'm a very black and white person and logic rules my life. I couldn't wrap my head around why the Defence would ask for a Mental Health Evaluation and then refuse to take part in it. It made no sense whatsoever.

Now it makes perfect sense. If I recall correctly, the Lawyer representing Gaeta initially is NOT the Lawyer representing him now. Clearly the current Defence Attorney is trying to protect Gaeta from incriminating himself via the Mental Health Evaluation and that's why she's saying that she won't allow him to answer questions.

I was actually getting ready to suggest that she was incompetent but now she's looking pretty savvy.

So he'll have the evaluation, Lawyer will be present, he won't answer and away we go.... What a waste of time, money and energy.

 

[newone]

Terry Griffin @TerryKIRO7 · 2m 2 minutes ago
#BREAKING Attny for Gabriel Gaeta telling court she will advise her client "not to answer questions" at comp eval

Isn't this contempt or is his fifth amendment right at play here?

this is the big question I hope our verified attorneys can clear up for us

I have never heard of this before. I would love to know what the judge said (if anything) when attorney made that announcement during the proceeding.

 

[SCHMAE]

I would think so, and if he is told not to answer any questions during the mental eval, how could they argue he is incompetent? Competent by default, surely? My favourite word of the week, asinine !

If he's competent enough to OBEY his lawyer's advise to clam up , then he's pretty competent. A truly insane person listens to no one and talks if they please no matter the consequences, right?

 

[CHERIE.T]

If he's competent enough to OBEY his lawyer's advise to clam up , then he's pretty competent. A truly insane person listens to no one and talks if they please no matter the consequences, right?

YEp, imoo this is only trying to put off his trial or get off on an insanity plea. Too damn bad,.... he knew what he was doing when he cohered, raped, killed and buried little J.

I can't even post what I wish would happen to this creep.

RIP Jenise.

 

[CHERIE.T]

I respect the possibility of ''mental illness'' but am leaning at this point more towards an entitled spoiled brat who is playing Mr Macho - a person who has gotten his own way by being a bully. (MOO)

He's possibly advised his lawyer that he won't answer questions possibly because he barely answers hers??

He may be just a bad seed .... with a very bad attitude.

^^^^ that
cbm

 

[SCHMAE]

I have a theory about the competency exam and lack thereof.

GG was on "various" antidepressants prior to the killing: http://www.youtube.com/watch?v=ZYjEaIef0SM

He is 17 years old. As has become common knowledge, teenagers on antidepressants face serious risks if the dosage isn't correct, from suicidal ideation to, as the defense in this case may attempt to prove, homicide.

I think that is why the Prosecution is patient, the judge patient, and most importantly why the new defense attorney states GG won't be speaking at the competency exam. If he says any one single thing, he admits it was not the antidepressants that led him to kill.

Furthermore, that jacket over the head thing. Following my theory, it's to prevent him from further trauma, or to prevent the public from seeing how wigged out he is, or because he hasn't been charged and is under legal age. Things are taking a long time because doctors may be attempting to stabilize him IF the meds he was taking in any way prompted him to kill. This is a possibility.

This is the only conclusion I can make of all this. The defense is attempting to blame the drug manufacturer and/or anyone involved in prescribing the medications GG was on prior to the killing.

This does not justify what he did. It is simply from a defense point of view. Also, legal things take a really long time, and the more complex cases even longer.

JMO

Very plausible theory. Thanks for this post !

ETA , Let me rephrase. I don't find the drugs made him kill. But I find that his defense may be wanting his dosage or meds to be changed/ established prior to the eval makes sense and a pharm defense also seems possible. I mean let's face it. If you're his lawyer, you know you have a nightmare of a mountain ahead of you . It will be no easy task to defend this guy.

 

[human]

If he refuses to answer, what are they going to do? Cite him for contempt?

On his FB, the family talked about how he never smiled. I am sure he had something going on inside.

But he was able to play sports, have a gf, drive with his mother, attend the vigil, FB or text with his friends.

I hardly think that fits the picture of someone who has no clue that raping a child is wrong.

And if he has no clue, then he belongs locked up as well

 

[La Louve]

I think we are in for a long wait to see justice for Jenise.

In August of 2010 16 year old developmentally delayed Kimmie Daly was sexually assaulted and murdered in Puyallup, WA (east of Tacoma in Pierce County). Kimmie was found about a week after going missing, and her 18 year old murderer was arrested (he led LE to her body). Mainly due to stall tactics by his defense team, it took three years and three months before he was actually tried and convicted of her murder.

RIP dear Kimmie and Jenise. Justice will come for Jenise but not soon enough, IMO.

ETA to add link to Kimmie's thread http://www.websleuths.com/forums/showthread.php?112293-WA-Kimmie-Daily-16-South-Hill-17-Aug-2010/

 

[Lovejac]

I think we are in for a long wait to see justice for Jenise.

In August of 2010 16 year old developmentally delayed Kimmie Daly was sexually assaulted and murdered in Puyallup, WA (east of Tacoma in Pierce County). Kimmie was found about a week after going missing, and her 18 year old murderer was arrested (he led LE to her body). Mainly due to stall tactics by his defense team, it took three years and three months before he was actually tried and convicted of her murder.

RIP dear Kimmie and Jenise. Justice will come for Jenise but not soon enough, IMO.

ETA to add link to Kimmie's thread http://www.websleuths.com/forums/showthread.php?112293-WA-Kimmie-Daily-16-South-Hill-17-Aug-2010/

I followed that sad, sad case I think about her poor father often

 

[1&2&3]

It appears they are in a game playing stage now. Doesn't GG turn 18 in Dec? Is it not better for him to be charged as a juvenile rather than an adult? At 18, will he be put in a regular jail instead of the place he is now?

As far as the meds he was on, that will be a hard road for his attorney to travel. While I am well aware of the warnings and statics on anti-depressants in children, who can actually say how regularly he took his medicine. Teenagers do not like taking medicine. Wonder if a blood test was taken when he was arrested?

Sorry, I just can't go with the medicine debate. No two psychiatrists are going to agree on the same medicines for one person.

GG's life appeared to be normal - until he killed this innocent child.

ETA: My opinions only!

 

[La Louve]

They don't have to wait for him to turn 18 to charge him as an adult. But once he turns 18 I assume he would be moved in with the adult population at the jail.

 

[borndem]

Terry Griffin @TerryKIRO7 · 1m 1 minute ago
#BREAKING Attny for Gabriel Gaeta telling court she will advise her client "not to answer questions" at comp eval

View attachment 60562

https://twitter.com/TerryKIRO7

Well, it's so good to see that the DT is setting a confrontational mood for this thing before anything really gets started. This should be tedious & maddening, methinks. Sound familiar to anyone??? <:-(

 

[borndem]

What am I missing?

Wouldn't the defence want their client to be found incompetent? Wouldn't that be in their favour? Why stall? For some reason I'm just not getting it. Who asked for the competency evaluation in the first place?

I watched that video of GG in court. He looked like he'd been crying. Maybe pulling the same stunt that he did when he was first arrested. There's nothing in his face. He's cold. There's nothing there. I can't put my finger on the word to describe his demeanour.

He gives me the creeps.

bb

I've got a word for it: sociopathic

And it does seem to me that it would be better for him if he were found to be incompetent, but I don't know what types of questions, etc., those competency tests have in them. Anybody know anything about those tests?

 

[Ontario Mom]

It appears they are in a game playing stage now. Doesn't GG turn 18 in Dec? Is it not better for him to be charged as a juvenile rather than an adult? At 18, will he be put in a regular jail instead of the place he is now?

I agree there is certainly some kind of game being played here but as far as I can tell, GG is actually in the regular jail, according to this http://www.kitsapgov.com/sheriff/incustody/jailwebsecond.asp?charges=700099903 He's no longer listed as being "out to another facility" and if they were holding him at the juvenile facility, his name wouldn't appear on the KC Jail Inmate list.

 

[borndem]

Yeah. No point in even having the evaluation if he's gonna dummy up. Disgusted.

IMO they will have to have the evaluation done, just to put what happens in the record, and to complete it -- however "complete" it will be, again, for the record. This part therefore, when done, will not be grounds for an appeal. I feel sure the judge will insist that it be done, no matter what the Defense Team says, etc. One more thing accomplished for justice for Jenise, her family, and the People of the State of Washington.

I can't imagine why the DT would advise GG not to answer any questions, but I know nothing about these evals. Seems to me, it would help him more than hurt him -- if he answers the questions -- but we'll see, I guess. And I agree with the judge -- just get it done ASAP. And get on with the rest of it. Now. Grrrrrr.

JMHO

 

[EmmaRose]

I know it is the defense attorney's job to do everything possible that they can to get their client off the hook, but GG's lawyer has already rubbed me the wrong way. If I were the judge, I would be quite annoyed and cite her. Guess they are all handling this with kid gloves. MOO IMO and all that stuff!

 

[EmmaRose]

Another thought.... What do you suppose made people think GG had to be tested in the first place? Was it because he sat there letting his nose run at the police station?? As far as was reported, he seemed to be acting normally before he was charged. Driving, texting, playing sports, going to school. What made someone think he could be incompetent? I don't get it.

 

[MsMarple]

Another thought.... What do you suppose made people think GG had to be tested in the first place? Was it because he sat there letting his nose run at the police station?? As far as was reported, he seemed to be acting normally before he was charged. Driving, texting, playing sports, going to school. What made someone think he could be incompetent? I don't get it.

The prosecutor requested the competency evaluation, probably because he was on anti-depression meds at the time of his arrest, combined with his odd behavior. Most likely they were covering all their bases in order to prevent the possibility of a future appeal over mental health issues.

From the Certificate of Probable Cause:

We asked GABRIEL if he needed to take his (anti-depression) medication and he shook his head no. We told him we did not know the frequency he took his medication, so we asked him to let us know when that needed to occur.

https://tribkcpq.files.wordpress.com/2014/08/gaeta_gabriel_141007866_prelim.pdf

Kitsap County Superior Court Judge Kevin Hull ordered the evaluation for Gabriel Z. Gaeta, 17, at the request of prosecutors at the teen’s bail setting hearing Monday.
...
Kitsap County Prosecuting Attorney Russ Hauge said his office anticipates that the teen will be found competent, but said he asked for the evaluation out of caution.

http://blogs.seattletimes.com/today...bremerton-girl-delayed-for-mental-evaluation/

 

[EmmaRose]

The prosecutor requested the competency evaluation, probably because he was on anti-depression meds at the time of his arrest, combined with his odd behavior. Most likely they were covering all their bases in order to prevent the possibility of a future appeal over mental health issues.

From the Certificate of Probable Cause:

We asked GABRIEL if he needed to take his (anti-depression) medication and he shook his head no. We told him we did not know the frequency he took his medication, so we asked him to let us know when that needed to occur.

https://tribkcpq.files.wordpress.com/2014/08/gaeta_gabriel_141007866_prelim.pdf

Kitsap County Superior Court Judge Kevin Hull ordered the evaluation for Gabriel Z. Gaeta, 17, at the request of prosecutors at the teen&#8217;s bail setting hearing Monday.
...
Kitsap County Prosecuting Attorney Russ Hauge said his office anticipates that the teen will be found competent, but said he asked for the evaluation out of caution.

http://blogs.seattletimes.com/today...bremerton-girl-delayed-for-mental-evaluation/

Thank you, MsMarple. After reading your post, things make more sense to me now. I must have missed that article. Btw, I always enjoy your take on things.