WA WA - Sky Metalwala, 2, Bellevue, 6 Nov 2011 - #15

[gitana1]

Thank you for this list. Awesome! One question, though. I'm confused about the preponderance of evidence part. The accusation was that both kids were bruised by Solomon. Solomon and his lawyer claim he was cleared by CPS. It appears that he was not cleared in family court, though.



Not sure if it is the same in the US, but in the UK the criminal investigation is different to the civil one. So he could have been cleared by the police, but still could have been found guilty by the family courts.

Ok, now I get it! I just worried that the way it was phrased made it seem that CPS found by a preponderance of the evidence, that SM had bruised the kids.

 

[hambirg]

Rougelatete: I wonder if you would care to weigh in on the mentally ill who seem to be able to "control" their illnesses, versus those who cannot?

I do not doubt that JB had mental health issues, but from what I have seen thus far, it seems she was able to tightly control those issues when it behooved her to do so. And that furthermore, by "not controlling" the issues, as in, allowing the OCD to escalate to the point where that her family was not allowed to sleep in their beds, or to eat inside their own home, she used those "out of control" times to conversely maintain heavy control over those in her life.

I think where I am going with this, is in wondering if she is ever charged with anything regarding Sky, would she be able to use a plea of insanity defense? If it could be proven that she has a record of being able to control the "uncontrollable"?

The phrase "crazy like a fox" runs through my head when I think of her.

I'm not Rougelatete and I'd still like to hear her answer, but I'll weigh in with my understanding.

Legal criminal insanity usually has to do with the defendant's ability to tell right from wrong at the time of the crime. I think in this case, anything like JB's cover-up story of running out of gas, hiding the body, etc would be used against her if she tried to plea insanity. If someone tries to hide their crime then it is likely they knew it was wrong.

There are of course other things that her mental state could effect though. . . competency (does she understand the court proceedings and her defense) and diminished capacity (which could be a mitigating factor in sentencing. .. but that has to do with whether the defendant could control themselves. . .maybe that is what you are asking about.)

HTH

MOO

 

[wenwe4]

Although probably misguided, I think it's good to look at all angles -remember that going on media blitzes is not an indication of innocence...look at what's her face from Orlando, What's her face from KS, MO...and the probably the most egregious -What's her face Dunn (Billie Jean?). One thing I have observed is that I think he has been under a LOT of stress as evidenced in his more profound stuttering that was not present, or to the extent that it was noticeable, early on. The ONLY thing that is nagging at me in the back of my mind in terms of statements is a comment he made on camera, on day one (paraphrase) -'Why would she leave him in a car, alone, for an hour and a half? Something's wrong.' Especially given both parents' history about that. There was also just something in the way he said it I didn't like. But that was the only time -and he was probably incredulous at that point, and it hadn't sunk it.

The dating site is just unbelievable. I find wenwe to be credible too. Most of it we know/knew...and it's very likely she had rather flat affect during interviews. I find it interesting that it lasted 15 hours, but that sounds about right, tho one report was that she interviewed into the, "early evening" -no big deal tho, really. I'd like to know at what time she lawyered up, given her report was around (iirc) 8:30am...

Just wanted to thank you for that vote of confidence! You gave me a warm fuzzy =)

 

[Donjeta]

I am not in WA but here it would be pretty difficult to successfully use the insanity defense if you "only" have OCD and no symptoms of a psychotic break during the time the crime happened.

 

[Chris_Texas]

No evidence of a murder either.

Of course there is. We have at least one witness that Julia threatened to murder the child now missing while under her care, and we have outright lies and inconsistancies with her claim as to what happened to her child. Again phrased another way: the child that she talked about killing vanished while in her care and she cannot account for or explain his absence.

(As her "explanation" contains obvious proven falsehoods it cannot be considered an explanation at all.)

They haven't charged her with child endangerment.

True, and for good reason -- they are still working on a murder charge.

They haven't named her a POI nor a suspect in his disappearance.

POI is a phrase with NO LEGAL MEANING. Under any definition of the phrase Julia is now, and always has been, both a suspect and a person of interest. She is likely the ONLY real suspect. I say this because there is a growing mountain of evidence showing that she committed this crime, and absolutely no evidence we are aware of suggesting that it might have been someone else.

As for her friend being shocked, well of course, we're all shocked when parents leave their children in a car and go about their business but it's done more often than we want to believe. Some for minutes, others for hours.

So basically we're left with no proof Sky was abducted nor that he was murdered by his mom. I think I'll stick with my belief that he's still alive.

Proof? Not yet. We do not have proof that this little guy is dead, and we will not have that proof until the day his body is recovered and identified. Until then all we have is evidence and the reasonable conclusions this evidence leads us to.

 

[Chris_Texas]

Well, I don't get the hold-up, then. Clearly she is not going to help LE. They can always add more charges later. Why let her just carry on with her life? If LE has proof she has broken the law, charge her. Nothing is being accomplished either way, it seems...

NOTE: NOT AN EXPERT! The evidence used to prosecute her for neglect cannot then also be used in a separate trial to prosecute her for murder. The state basically gets one shot at it.

 

[cocomod]

Alright already, I give!! LE, please, please give us an update already!!

Sorry for shouting, but I have HAD it with the quiet in this case!! I HATE, HATE, HATE that JB is out there living her life as if nothing has changed. I HATE that LE is not telling us that they have not given up.

 

[Adrienne37]

Sky has been missing for 43 days, 43 days that she has failed to talk to LE. 43 days that she has continued to live and enjoy her life free of children. Where is he already? This little boy needs to be found NOW and she needs to rot her sorry behind under the jail.

 

[bendrn]

I'm not Rougelatete and I'd still like to hear her answer, but I'll weigh in with my understanding.

Legal criminal insanity usually has to do with the defendant's ability to tell right from wrong at the time of the crime. I think in this case, anything like JB's cover-up story of running out of gas, hiding the body, etc would be used against her if she tried to plea insanity. If someone tries to hide their crime then it is likely they knew it was wrong.

There are of course other things that her mental state could effect though. . . competency (does she understand the court proceedings and her defense) and diminished capacity (which could be a mitigating factor in sentencing. .. but that has to do with whether the defendant could control themselves. . .maybe that is what you are asking about.)

HTH

MOO

Thank you - it is your first paragraph that actually clears things up for me. I only have a very minimal understanding as far as an insanity plea goes... my own heart dictates that anyone who would murder a child must be insane; however, I am well aware that what my definition of insanity is is very different than a legal definition. And thank goodness for that... because also in my opinion, that kind of insanity should never be pardoned.

 

[Indy Anna]

OK. . .here's the car accident info. It came from a police report.

Wrecked vehicle:
2010 Gold/Beige Suzuki Forenza - 4 door
Accident - 8/8/10 - exit ramp to Rainer Ave South, Seattle
Rented from Aero Rentacar - Redmond, WA
Damage - appx $7,000
Lost control, hit barrier - no other cars/persons involved

I have driven this area a LOT and I think she was most likely heading to their store.. . .from the Eastside take I-90 westbound, exit Rainier Ave S, left on Jackson and that would take you right down to their store. Knowing traffic patterns and road projects for that summer, it's the way I would have driven that route.

So I don't think it tells us much except that she has been without a car for sometime. (Oh yeah, and possibly she's not a very good driver. .lol)

HTH


ETA- the pictures of MM getting her haircut I believe are at:

Brat Pack Salon
16116 NE 87th Street Redmond WA 98052

It's very close to Veloce Apartments.

Thank you for the info on the car wreck, Hambirg! I didn't expect it to be over a year ago, but it could've coincided with JB's decline in mental stability. One-car accidents are often a result of distraction (unless medically induced), whether physical or mental. IIRC, JB was also diagnosed with bipolar disorder. Her OCD may have increased in severity in response to a worsening of BPD and her sense of losing control internally - a subconsonscious attempt to control and organize her environment. JMO

I do wonder if JB owned a car prior to driving the rental and, if so, what happened to it. Also, if she owned or had access to a car after the accident and prior to borrowing her bro's car. How long did she have possession of her bro's car?

 

[officer'swife 2010]

Hey webslueths!! Hope everybody is having a great day....

I've got to post what happened to me today, i have a 2 year old son who is very very active and always going of course as any 2 year old...my father and i were christmas shopping and we were in Macy's and i was holding my little boys hand and he gets away from us!!! for only about 5 seconds but it honestly felt like it was forever...we found him THANK GOD!! i was so scared never been so scared in my whole entire life, I just can't imagine how a parent goes through not knowing where their baby is for years and years
just thought I'd share this story with you guys!! I'm praying for baby Sky!

 

[UKgirl]

I would really love it if this little guy was found alive and well before christmas day.

 

[~n/t~]

Sky Metalwala's grandmother disagrees with court's custody ruling

Sky Metalwala's grandmother disagrees with a judge's ruling that grants custody of the missing two-year-old's sister to the children's father, Solomon Metalwala.

Asked by KING 5 reporter Chris Daniels to comment on the decision, Nadia Biryukova wrote in an email:

"I’m not exactly sure how to react to the decision. On one hand, I would like to be happy that M will be with one of her parents; on the other hand, I feel somewhat uneasy about the father. On one hand, I used to know Solomon as caring and loving husband and father; on the other hand, there is something pretty mysterious and questionable about him."

Nadia Biryukova also wrote to Daniels that she believes Sky's sister, M, "would be better off staying with a good foster family and have visitations of both parents for now."

http://www.king5.com/news/local/Sky...ees-with-courts-custody-ruling-135192983.html

 

[suzyq211]

Sky Metalwala's grandmother disagrees with court's custody ruling



http://www.king5.com/news/local/Sky...ees-with-courts-custody-ruling-135192983.html

"there is something pretty mysterious and questionable about him."

Right, Grandma, and there is NOTHING mysterious and questionable about your daughter. :waitasec:

 

[~n/t~]

I think it interesting that communication is done via email with these reporters. This is not the first time grandma has been communicating via email. Why is she not showing her face?

 

[~n/t~]

Who is paying for Julia's attorney? How can she afford a defense attorney?

 

[suzyq211]

I think it interesting that communication is done via email with these reporters. This is not the first time grandma has been communicating via email. Why is she not showing her face?

BBM
I was thinking the same thing.

 

[cocomod]

The grandmother is completely unreliable to me. She claims that he once was a good husband and father, but now he is mysterious. What exactly does that mean??? She is the grandmother for heaven sakes. She either knows him, or she doesn't. I know that JB alienated her at times, but for goodness sakes she should have an opinion.

<modsnip>

 

[IHAVENOCLUE]

Thank you for the info on the car wreck, Hambirg! I didn't expect it to be over a year ago, but it could've coincided with JB's decline in mental stability. One-car accidents are often a result of distraction (unless medically induced), whether physical or mental. IIRC, JB was also diagnosed with bipolar disorder. Her OCD may have increased in severity in response to a worsening of BPD and her sense of losing control internally - a subconsonscious attempt to control and organize her environment. JMO

I do wonder if JB owned a car prior to driving the rental and, if so, what happened to it. Also, if she owned or had access to a car after the accident and prior to borrowing her bro's car. How long did she have possession of her bro's car?

I am just jumping in...but THANK YOU Hambirg for the info. re: JB's rental accident. And THANK YOU Indy anna for the analysis of the possible cause(s) and effect(s) of that the accident! Insightful! :seeya:

 

[cocomod]

With grandma? :dunno:

I love your optimism, but I would hope that LE is smart enough to be watching Grandma and brother VERY, VERY closely for any signs of Sky. Let's hope anyway! I can't imagine as high profile as this case is that they would miss someone so close to JB hiding him.