Wesley Hadsell Arrested 21-22 March 2015

[Globalgabby]

from the above link:

The search warrant recites that it
was issued in relation to the following offenses: “Violation of Virginia State Code 18.2-47,
Abduction; 18.2-32, Murder.” The “Search Inventory and Return” that was filed in the Norfolk
Circuit Court on August 27, 2015 notes the following item was seized: “DVD containing electronic...


[MURDER? ]

How inappropriate is it for me to write OMG OMG OMG OMG before I have caught up with the past few entries on this thread???

 

[Globalgabby]

from the above link:

The search warrant recites that it
was issued in relation to the following offenses: “Violation of Virginia State Code 18.2-47,
Abduction; 18.2-32, Murder.” The “Search Inventory and Return” that was filed in the Norfolk
Circuit Court on August 27, 2015 notes the following item was seized: “DVD containing electronic...


[MURDER? ]

http://law.lis.virginia.gov/vacode/18.2-32/ "§ 18.2-32. First and second degree murder defined; punishment.
Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

Code 1950, § 18.1-21; 1960, c. 358; 1962, c. 42; 1975, cc. 14, 15; 1976, c. 503; 1977, cc. 478, 492; 1981, c. 397; 1993, cc. 463, 490; 1998, c. 281."

 

[Mountain_Kat]

from the above link:

The search warrant recites that it
was issued in relation to the following offenses: “Violation of Virginia State Code 18.2-47,
Abduction; 18.2-32, Murder.” The “Search Inventory and Return” that was filed in the Norfolk
Circuit Court on August 27, 2015 notes the following item was seized: “DVD containing electronic...


[MURDER? ]

Just to clarify:

2933.241 Return and inventory of property.


http://codes.ohio.gov/orc/2933.241

The officer taking property under a warrant for search shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken and shall be verified by the officer. The judge or magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

I take that to mean that investigators seized a dvd from the hotel room, and the defense is now making a motion for it's return...in order to see what's on it in the way of evidence against Hadsell?

 

[alexwood]

He lives in Northern VA. Has since this started. He was traveling back and forth.

I wonder what the pastor does in Northern Virginia?

 

[Mountain_Kat]

Can't help but wonder if this DVD might have been burned from video taken off a GoPro. I know, I know...huge leap. But I do think WH is creepy enough to have put a hidden camera in the house. And hey, he was the one who brought up the fact that he had done computer searches on GoPros...so I blame HIM for my mind going there. He was trying to cover his *advertiser censored* with that voluntary disclosure, imo. Pre-emptive strike because he knew the computer would be searched. Much like the pre-emptive strike of saying that AJ had actually called him the morning she disappeared. He knew it would show on the phone records...thus the phony-baloney gas station meeting.

 

[Mountain_Kat]

MODS,

Is there a way we can sticky that document ArkansasMimi posted, so that it is easily available for future reference? TIA

 

[katydid23]

Just to clarify:

2933.241 Return and inventory of property.


http://codes.ohio.gov/orc/2933.241

The officer taking property under a warrant for search shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken and shall be verified by the officer. The judge or magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

I take that to mean that investigators seized a dvd from the hotel room, and the defense is now making a motion for it's return...in order to see what's on it in the way of evidence against Hadsell?

That seems to be the argument the defense is making---that they need to see the DVD/cell evidence in order to make the proper plea:

"Production of the affidavit will also enable Mr. Hadsell to make an informed and intelligent
decision regarding proceeding to trial or pleading guilty (i.e. assessing the expected Government
evidence against him and considering potential defenses)."

So essentially, that part says^^ " we need to see the evidence so we need to know if our client should plead guilty or not"

 

[Hoosgirl]

I'm wondering if the DVD is just a copy of the iPhone contents? Not a separate DVD found, if that makes sense. They had the phone in their possession already from his arrest in March.

 

[katydid23]

from the above link:

The search warrant recites that it
was issued in relation to the following offenses: “Violation of Virginia State Code 18.2-47,
Abduction; 18.2-32, Murder.” The “Search Inventory and Return” that was filed in the Norfolk
Circuit Court on August 27, 2015 notes the following item was seized: “DVD containing electronic...


[MURDER? ]

After reading this page over and over, it seems to me, [ and I could be wrong] that the warrant was issued 'in relation to' abduction /murder------which means, I think, that the warrant was issued so the detectives could see if there was any evidence of murder/kidnapping in Wes's hotel room. I wonder what they used for 'cause' to get that warrant okayed?

 

[alexwood]

Whoa. I wonder what is on the cell? Maybe the shooting videos with AJ, proving he had access to guns, which would make the ammo more likely to be his.

I wonder what was on the other cell phone that WH lost, or disposed of, after AJ went missing. Any evidence from that phone has been destroyed. Why would WH do that? (That's a question that doesn't need answering.)

 

[katydid23]

I'm wondering if the DVD is just a copy of the iPhone contents? Not a separate DVD found, if that makes sense. They had the phone in their possession already from his arrest in March.

Ok, I just reread that part and I think you may be right. They sure are nervous about the contents:

On August 20, 2015, Corporal D. A. Benjamin of the Norfolk Police Department obtained
a state search warrant for an Apple iPhone 6 which was recovered from the person of Mr. Hadsell
on or about March 20, 2015 at the Norfolk Police Operations Center on East Virginia Beach
Boulevard in the City of Norfolk, Virginia. The search warrant was for the search of “any and all
records of subscriber information, call history, sms/text messages to include content and stored
voicemail, contact list, and photographs stored on the iPhone 6.” The search warrant recites that it
was issued in relation to the following offenses: “Violation of Virginia State Code 18.2-47,
Abduction; 18.2-32, Murder.” The “Search Inventory and Return” that was filed in the Norfolk
Circuit Court on August 27, 2015 notes the following item was seized: “DVD containing electronic
data.”

 

[Mountain_Kat]

LE sure seemed interested in that photo on WH's phone of him and AJ out target practicing. Wonder what the chance is that that photo was taken on the property of The Franklin House. If it was, and there was anything in that photo that could show that it was taken at the Franklin House prior to AJ's disappearance...I think that would be the nail in Wes' coffin.

Of course, I'm merely speculating.

 

[arkansasmimi]

That seems to be the argument the defense is making---that they need to see the DVD/cell evidence in order to make the proper plea:

"Production of the affidavit will also enable Mr. Hadsell to make an informed and intelligent
decision regarding proceeding to trial or pleading guilty (i.e. assessing the expected Government
evidence against him and considering potential defenses)."

So essentially, that part says^^ " we need to see the evidence so we need to know if our client should plead guilty or not"

The way I read it along with the others, NPD will not release the Affidavit of Probable Cause for WH iPhone Search Warrant. They say its under seal. The Government has turned over the Search Warrant for the phone (not what gave them probable cause to search it) They have also turned over Affidavit for the Search Warrant as well as the Search Warrant for the Hotel room. They have a valid argument because there are timelines that things have to be submitted prior to trial (Nov cant remb date) but they have to secure the record. If someone files charges against you or I we would want to know, its our Legal Right as is WH.

On one of the Documents, it stated there was a call to the Crimeline... Have to go back and re read, that part. But someone who knew that AJ and WH went to the gun range most likely knew the video was on his cell. That video on WH Cell is how the Feds went the Gun Range and got the records. I cant remember if it was rumor or if it was in one of the Documents we have seen, but for some reason (JMHO) I am thinking that JH reported gun and/or ammo missing when Missing Person Report made. Anyone know what I am thinking of? LOL I have 2 cases that I am reading Motions on and both have iPhones and I am scared I gonna get them confused.

 

[darring21]

Please correct me if I'm wrong but the prosecution does not want to release what gave them probable cause to get a search warrant. The result of the search of the phone is released, though.

The defense wants the probable cause so they can challenge the search just like the search of his hotel room.

Why would the prosecution care about the reason behind the warrant??? Could it be they used one of the federal programs (NSA) to examine WH prior calls and texts and they cannot reveal the existence of this program?

Again, feel free to shoot this down if this is way too out there.

 

[missingm]

LE sure seemed interested in that photo on WH's phone of him and AJ out target practicing. Wonder what the chance is that that photo was taken on the property of The Franklin House. If it was, and there was anything in that photo that could show that it was taken at the Franklin House prior to AJ's disappearance...I think that would be the nail in Wes' coffin.

Of course, I'm merely speculating.

I am pretty sure that they verified Wes and AJ from a sign-in sheet at a gun range that corresponded to the pictures / video on his phone.

 

[Ontario Mom]

Case 2:15-cr-00116-AWA-RJK Document 22 Filed 10/14/15 Page 2 of 5 PageID# 112

voicemail, contact list, and photographs stored on the iPhone 6.” The search warrant recites that it
was issued in relation to the following offenses: “Violation of Virginia State Code 18.2-47,
Abduction; 18.2-32, Murder.”

So there it is. While LE has not come right out to the public and said "Wes Hadsell is our person of interest/suspect in the abduction and murder of AJ Hadsell".... they actually did to a judge, to get this search warrant. The probable cause clearly stated it, as the warrant was issued.

 

[arkansasmimi]

WH drug charge is showing as an Outstanding Warrant in City of Norfolk.... could be why they won't unseal the Affidavit?

HADSELL WESLEY PAUL POSSESSION OF CONTROLLED SUBSTANCES M W 5/21/1978 603 200 BLU BRO 10/7/2015
http://www.norfolk.gov/index.aspx?NID=335

 

[Ontario Mom]

I'm thinking out loud here with some facts we now know and some questions. Bear with me as I may seem redundant:

On August 20, 2015 a state search warrant was obtained for WH's iphone which was recovered from WH himself on March 20, 2015 at the Norfolk Police Operations Center.

(Why did it take five months to get a search warrant for Wes' phone? At first I thought they went for that right after AJ's official COD came in but I went and checked and that came in at the end of June - so it was still two months later before they searched the phone that had been sitting in their custody all along.)

The search warrant was for any and all subscriber info, call logs, sms/text messages, contact list & images on the phone. Warrant recites it was issued in relation to two offenses: abduction and murder. On August 27, 2015 "search inventory and return" filed in circuit court notes a dvd containing electronic data" was seized.

I'm guessing that means the search was complete and the data from Wes' phone transfered to a dvd?

The government has provided discovery (for the phone) to the defense but will NOT provide a copy of the probable cause affidavit that enabled the phone search warrant, OR the related affidavit & search warrant for the motel room. "The Government has represented that the affidavit (along with the related search warrant and a search warrant and related affidavit for a hotel room 1) is sealed pursuant to sealing orders in the Norfolk Circuit Court."

Am I understanding correctly that the state hasn't disclosed the probable cause for the search warrant for the phone, in addition to the probable cause and search warrant for the motel room - only the search warrant itself, for the phone?

If that is the case, and that sure seems to read that way to me, why is WH's defense only concerned about the probable cause for the phone, and not the PC and warrants for the motel room?

I suppose the 64k question at this point is: what gave LE probable cause, enough that it convinced the judge to sign off on the warrant?

My guess? (and this is total speculation here) is that they LE used WH's violent criminal history (previous abduction) against him, AND there was something else discovered during the course of AJ's autopsy (some type of violence - aside from the COD - a type of violence also connected to WH's criminal history) that pointed right at him, without any actual physical proof it WAS him.

I'm still stumped on why it took five months to get that search warrant for his phone.

 

[Ontario Mom]

And just as an afterthought, does WH's defense atty actually have a case here to suppress any forensic evidence discovered on his phone because the state refuses to share what they found with his defense? Do we have any attorneys reading here these days that would be able to answer that?

 

[Ontario Mom]

WH drug charge is showing as an Outstanding Warrant in City of Norfolk.... could be why they won't unseal the Affidavit?

HADSELL WESLEY PAUL POSSESSION OF CONTROLLED SUBSTANCES M W 5/21/1978 603 200 BLU BRO 10/7/2015
http://www.norfolk.gov/index.aspx?NID=335

That "outstanding" warrant was issued on the 7th of October. The same day this showed up on WAVY http://wavy.com/2015/10/07/hadsell-charged-with-possession-of-heroin/

If he was already charged, and already IN CUSTODY, how does he have an outstanding warrant? It's not like they don't know where he is...