Legal experts....we know medical records for one or both of the kids was sealed.
BUT for the grand jury investigation would they have had access to those?
I'm just speculating that maybe the endangerment charges against the parents could have stemmed from one or both children having serious psychological diagnosis's for which the parents weren't taking seriously and/or weren't getting recommend help for these issues.
I know when parents refused medical care for there children, sometimes dr's and hospitals can file child endangerment charges against the parents.
I just wonder if this could be part of what the grand jury indictment is all about.....knowing a "medical" (aka psychological) problem existed, yet did not do enough to address this situation, therefor endangering both of their children.
I'm in the process of transcribing the CBS part 2 episode but have been mighty sick with a bad gallbladder. But I can answer this question really quick to help you out. This is part of the transcription relating to the indictment and what was specifically addressed.
Laura Richards and Jim Clemente were interviewing a local Boulder Colorado defense attorney Lisa Polansky in response to what the indictments meant.
Laura reads the Grand Jury Statement.
"So on or between December 25th and December 26th 1996, John Bennett Ramsey did unlawfully, recklessly, knowingly and feloniously permit a child to be unreasonably placed in a situation in which posed a threat of injury to the child's life or health which resulted in the death of JonBenet Ramsey.
The other count was...
John Bennett Ramsey did unlawfully, knowingly and feloniously render assistance to a person with intent to hinder, delay, prevent the discovery, detention, apprehension, prosecution, conviction and punishment of such person, knowing the person being assisted has committed and suspected of the crime of Murder in the First Degree and Child Abuse Resulting in Death."
Both parents were charged with the same crimes.
John Bennett Ramsey- COUNT IV (a), COUNT VII
Patricia Paugh Ramsey- COUNT IV (a),
COUNT VII.
Clemente- "Does this mean they are charging John with assisting Patsy if she did it, and they are charging Patsy with assisting John if he did it?"
Polansky- "It's legally possible in the state of Colorado for John to be assisting Patsy, or Patsy to be assisting John."
Clemente- " Wouldn't they both then also be charged with the underlying crime as proposed to just..."
Polansky- "Yes. Normally if they do an accessory charge which here is generally after the fact, it's usually somebody else. My opinion would be that there is a third person."
Clemente- "The only third person that is left is Burke Ramsey."
Polansky- " And it's a complicated area. Colorado's minimum age for prosecution is 10 years old. The science behind it of course would be that the child under 10 is not psychologically able to commit a crime and they use the old common law term which is infancy. Which is to say that they cannot form the intent. If you look at the brain science, um as we know the frontal lobe is not fully developed and that's where the executive function occurs. And so it's difficult to say well a kid clearly made a 'decision' to do X, Y, Z. With regard to Burke, he was nine at the time of the crime. I don't know how they would prosecute him because of that floor, that minimum age of 10. Let's just say, you could say, 'negligent homicide ' even if he was, you know prosecuted now, you can't even prosecute him for that because he was not yet 10."
Sorry if this has already been answered! Hope this helps a little.
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