kimi_SFC
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Thank you for the update MsMarple!
:sigh:
:waiting:
#JusticeForJenise!
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Thank you for the update MsMarple!
There have been multiple trial dates set for Gabriel Gaeta, 20, accused in August 2014 of raping and murdering his 6-year-old neighbor, Jenise Wright,..
...
In Gaetas case, higher court decisions have allowed arguments by Gaetas attorneys to limit the sentence he could face. Though charged as an adult, Gaeta was 17 at the time of Jenises death. Attorneys on the case said in September that there is a chance of resolving the case before the March trial date.
I took it to mean the sentence limits will be decided prior to a trial? Meaning he could not get LWOP.http://www.kitsapsun.com/story/news/2017/01/01/anticipating-headlines-2017/96021530/
A chance of resolving the case before the trial? :waitasec: Does that mean they may go for a plea bargain? I sure hope not; Gaeta's crime against Jenise was so horrific that minor or not he should qualify for LWOP.
I took it to mean the sentence limits will be decided prior to a trial? Meaning he could not get LWOP.
Lawmakers adjusted state law to fall in line with the decision, the so-called 'Miller fix,' allowing judges to impose the sentence on defendants whose crime fell between their 16th and 18th birthdays, but mandating judges first take into consideration a defendant's young age, such as the defendant's maturity, his or her ability to appreciate risk as well as his or her home life.
'We are pleased with the ruling and the reasoning the court used,' Chief Deputy Prosecutor Chad Enright said.
Gaeta's lawyers can ask the Division II Court of Appeals to review Forbes' ruling, but the appeals court is not obligated to take the case. On Monday, one of Gaeta's lawyers, Roger Hunko, said he disagreed with Forbes' Friday ruling but said he would need to speak to Gaeta and co-counsel Jeniece LaCross before saying whether Gaeta would appeal.
Gabriel Z. Gaeta, 19, is accused of raping and killing 6-year-old Jenise Wright, a neighbor of the former Olympic High School wrestler. DNA evidence found on Jenise's body matches Gaeta's, according to court documents. At the time of Gaeta's arrest in August 2014 he was 17, but was charged as an adult.
Attorneys on the case indicated Friday both sides may be interested in resolving the case short of trial after hearing the results of an appeal. His trial date was pushed back from Oct. 10 to March 6.
PORT ORCHARD — Gabriel Gaeta, awaiting trial for the 2014 rape and murder of 6-year-old Jenise Wright, will be evaluated by a mental health expert to determine whether he is competent to stand trial.
On Thursday Kitsap Superior Court Judge Jennifer Forbes signed the order for Gaeta to be taken from jail to Western State Hospital. Gaeta, 20, refused to attend the hearing.
He is scheduled for trial March 6. Forbes said she would keep that date.
http://archive.kitsapsun.com/news/g...or-jenises-murder-ep-731562337-355171141.htmlPORT ORCHARD Despite not being evaluated by a mental health expert, lawyers representing accused killer Gabriel Gaeta say he is competent to stand trial and if forced to undergo an evaluation they will advise him to plead the Fifth.
:furious: Oh FFS. Back in 2014 when the prosecutor requested Gaeta be evaluated, his own lawyers stipulated that Gaeta was competent and opposed an evaluation. So now they want to backpedal and go ahead with an evaluation? From October 2014:
http://archive.kitsapsun.com/news/g...or-jenises-murder-ep-731562337-355171141.html
Okay, let's see if I can understand this. I think his lawyers are questioning his current competency to stand trial rather than whether or not he was competent when he murdered Jenise. IOW, something is going on that makes them think Gaeta's losing it.
It appears that the Court of Appeals upheld Forbes' ruling that Gaeta is eligible for LWOP if convicted, despite the fact that he was 17 when he murdered Jenise.
So... some possibilities: Gaeta's lawyers are again trying to stall the trial even though the judge is adamant that it will begin on time. Last I heard Western State Hospital has a waiting list. Or Gaeta is refusing to take prescribed medication, such as an antidepressant. Or he's refusing to participate in his trial - in which case he can be tried in absentia.
Or maybe the lawyers think they can get a diagnosis that might allow Gaeta some sort of mitigation at sentencing (if convicted) that would get him out of LWOP.
:dunno:
:furious: Oh FFS. Back in 2014 when the prosecutor requested Gaeta be evaluated, his own lawyers stipulated that Gaeta was competent and opposed an evaluation. So now they want to backpedal and go ahead with an evaluation? From October 2014:
http://archive.kitsapsun.com/news/g...or-jenises-murder-ep-731562337-355171141.html
Okay, let's see if I can understand this. I think his lawyers are questioning his current competency to stand trial rather than whether or not he was competent when he murdered Jenise. IOW, something is going on that makes them think Gaeta's losing it.
It appears that the Court of Appeals upheld Forbes' ruling that Gaeta is eligible for LWOP if convicted, despite the fact that he was 17 when he murdered Jenise.
So... some possibilities: Gaeta's lawyers are again trying to stall the trial even though the judge is adamant that it will begin on time. Last I heard Western State Hospital has a waiting list. Or Gaeta is refusing to take prescribed medication, such as an antidepressant. Or he's refusing to participate in his trial - in which case he can be tried in absentia.
Or maybe the lawyers think they can get a diagnosis that might allow Gaeta some sort of mitigation at sentencing (if convicted) that would get him out of LWOP.
:dunno:
At a competency hearing Feb. 22 in Kitsap County Superior Court, Gabriel Gaeta, the former high school wrestling star charged with raping and killing his 6-year-old neighbor, was found not competent to stand trial but that is far from the end of the story.
The decision was primarily based on a competency evaluation provided by Western State Hospital where Gaeta is currently under treatment to achieve competency restoration, a term used by the court to indicate that a defendant has recovered competency and can aid in their own defense.
Superior Court Judge Jennifer Forbes, who is presiding over the case, stated in court that the competency evaluation also mentioned that Gaeta should be able to regain competency relatively quickly with the help of medication, indicating that the matter will be revisited.
Asked whether he thought the trial would begin in May as was discussed in court, Enright said Its too early to tell. The defendant has to go through the process at the hospital, which is 90 days, and then there needs to be time for him and his attorneys to meet and prepare.
If it does, he concluded. My office will be ready to proceed at that time.
Accused child killer Gaeta found not competent to stand trial — yet
http://www.kitsapdailynews.com/news/accused-child-killer-gaeta-found-not-competent-to-stand-trial-yet/