Wesley Hadsell Arrested 21-22 March 2015

[Mountain_Kat]

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

Just to be clear, you're saying that TM was never staying at her house?

 

[ThatGuyBear]

Just to be clear, you're saying that TM was never staying at her house?

I am stating he did not live there. He did stay there in the beginning when he would come down, however.

 

[Mountain_Kat]

I am stating he did not live there. He did stay there in the beginning when he would come down, however.

Thanks for taking the time to clarify that.

One more quick question if you don't mind. Did TM start travelling from Northern Va. to Norfolk after AJ disappeared? Or did he visit Wes prior to that? Or maybe he had a business in Norfolk or something, and travelled here for that, rather than specifically to see Wes? I'm just trying to understand the nature of their friendship.

 

[Happyshoes]

I was introduced to TM as an old friend of WH. And basically, he was there for moral support and to help out as much as he could, just like everyone was.

Thank you. I am so sorry you lost such a good friend as AJ. She probably would have gone far in her life with her attitude. Don't you all wonder who she was with that night? Why would anybody hurt her? To take advantage? I sure hope not. Thanks again.

 

[NWLady]

Just to be clear, you're saying that TM was never staying at her house?

I am stating he did not live there. He did stay there in the beginning when he would come down, however.

I don't know if I'm the only one that's confused (could be LOL) but are we talking about TM (when he would come down) was staying at a house owned by WH's mom, or TM was staying with WH's mom, or TM was staying where ???

Thanks for any clarification.

 

[hey-Debbie]

I don't know if I'm the only one that's confused (could be LOL) but are we talking about TM (when he would come down) was staying at a house owned by WH's mom, or TM was staying with WH's mom, or TM was staying where ???

Thanks for any clarification.

I think maybe it means that TM was staying at JH and WH's house but we know that WH had moved out prior. Who knows who owns the house other than what could be verified on other sources. What I wonder is: Was TM staying at the house with just JH (and whatever kids (children/other adults that stayed there) and WH was staying in a hotel?

 

[ThatGuyBear]

I think maybe it means that TM was staying at JH and WH's house but we know that WH had moved out prior. Who knows who owns the house other than what could be verified on other sources. What I wonder is: Was TM staying at the house with just JH (and whatever kids (children/other adults that stayed there) and WH was staying in a hotel?

TM was staying at KH's house when he would come down, in the beginning.

 

[ThatGuyBear]

It's likely that WH was referring to DH, who was living with KH with his wife and children. Sounded to me like he was saying she should kick them out, since in the letter it seemed WH felt that DH had turned on him.

 

[arkansasmimi]

Quote Originally Posted by alexwood View Post
From WH's 04-18-2015 letter to MOM:

"I think you should take back your house."

What does that mean? Does WH mean that the house JH is living in belongs to his Mother?

RBBM, JMHO, no. My reason is that Wendy once said that from what she understood the house that Wes and Jen lived in belonged to Jen's aunt. I cant remember where it was I saw that, but I did look at property records and the address that Jen and Wes (and where last known address AJ lived) the owner is listed as Jen Hadsell's aunt.

I was wondering who else possibly would be living in a home owned by Wes Hadsell's Mother. Considering wording in letter and how things have played out. My thoughts are maybe Wes nephew, Wendy son possibly could live in a home owned by his Grandmother. But that is JMO as I do not know where the home is, that Wes Hadsell is speaking http://www.websleuths.com/forums/sh...sted-21-22-March-2015&p=12114616#post12114616

The Pastor was living there.

I put the whole conversation to what you quoted me. My comment to Alexwood was in reference to the letter that WH wrote that is included in exhibits in the Federal case. Alexwood was wondering if WH was referencing the home he told his Mother that he thought she should take back, was the home that Jen Hadsell lives in and WH had prior. Or thats how I understood and as to my reply. No Wes and Wendy Mother does not own the home that Jen Hadsell lives in as was the home where AJ last known to live.

I have no idea what you mean by the Pastor was living there. Unless you are saying who lives in home owned by Wes and Wendy Mother. I dont know where the home is that Wes referenced or where the Pastor lives. We cant sleuth him. Just making sure my comment was understood. JMHO

 

[arkansasmimi]

It's likely that WH was referring to DH, who was living with KH with his wife and children. Sounded to me like he was saying she should kick them out, since in the letter it seemed WH felt that DH had turned on him.

Thats what I took it as meaning. Not knowing where others lived, just by the context of the letter that was my guess.

 

[Ontario Mom]

It's likely that WH was referring to DH, who was living with KH with his wife and children. Sounded to me like he was saying she should kick them out, since in the letter it seemed WH felt that DH had turned on him.

I think at this point it's pretty clear he has. Whether justifiably, or not.

 

[Happyshoes]

I think at this point it's pretty clear he has. Whether justifiably, or not.

Agreed. Thanks for coming on TGB - Feel free to offer up any situations you may have questioned, too.

 

[arkansasmimi]

Per the court docket, the charges against WH 8 days ago. No new charges on this docket
Trying to find the Heroin charge. No new charges on the Norfolk Criminal District Court Docket or the Circuit Court Docket. JMHO from reading, all the charges that are showing have been Nolle Prosequi .

CaseNumber Defendant Charge Hear Date Status
CR15001178-00 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-01 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-02 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-03 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-04 HADSELL, WESLEY POSS AMMO BY CONV FELON 10/06/2015 Nolle Prosequi
CR15001178-05 HADSELL, WESLEY STATUTORY BURGLARY 10/06/2015 Nolle Prosequi

http://ewsocis1.courts.state.va.us/CJISWeb/Search.do

Last entry on the Federal Docket, which was an extension
10/08/2015 21 ORDER granting 20 , an unopposed Motion for Extension of Time as to Wesley Paul Hadsell (1). The Defendant may file a motion to suppress pertaining to the Defendant's cell-phone on or before October 14, 2015. Signed by District Judge Arenda L. Wright Allen on 10/8/2015. (Allen, Arenda) (Entered: 10/08/2015)

^^^ this is where the Def are trying to get the sealed Affidavit for Search warrant to search WH cell phone, NPD would not turn over. SO today was dead line so something should be posting shortly. As today is October 14, 2015
**

Nolle prosequi is a Latin phrase meaning “will no longer prosecute” or a variation on the same. It amounts to a dismissal of charges by the prosecution. Some states, like New York, for example, don’t use the phrase. Rather, they simply use the term dismissal.
The prosecution invokes nolle prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges “nol prossed” or dismissed. The prosecution may nol pross all charges against the defendant or only some.
In some states, the prosecution must move to dismiss charges (often “in the interests of justice”), and the case doesn’t end until the court grants the motion. In others, the prosecution can unilaterally dismiss charges.

BBM, JMHO, possible reason for the Nolle Prosequi, per comment from VI stated that CF Mother dropped charges (Lauryn001 10/14/2015 http://www.websleuths.com/forums/sh...rglary-and-the-Jacket&p=12118335#post12118335)

Reasons to Dismiss
A prosecutor might nol pross or dismiss charges for a variety of reasons, including:
reevaluation of evidence
emergence of new evidence
failure of witnesses to cooperate, or
desire to give the defendant a second chance.

more at link http://www.nolo.com/legal-encyclope...between-nolle-prosequi-dismissal-charges.html

 

[arkansasmimi]

Refresher of what extension was for on the Fed case:
N THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
UNITED STATES OF AMERICA,
v. Case No. 2:15cr116
WESLEY PAUL HADSELL,
Defendant.
AGREED ORDER
This matter came before the Court on Defendant’s unopposed motion to extend the date
to file pre-trial motions - to wit a motion to suppress relating to the Defendant’s cell-phone.
Defendant has represented and the Court finds that:
1. Mr. Hadsell is before the Court having been indicted for felon in possession of
ammunition in violation of 18 U.S.C. § § 922(g)(1), 924(a)(2) and 924(e).
2. Trial is scheduled for November 25, 2015. At the arraignment on September 23,
2015, Magistrate Judge Douglas Miller set October 7, 2015 as the motion cut-off date.
3. The Government has provided the defense with discovery but has stated that it will
not provide a copy of the affidavit for the search warrant for Mr. Hadsell’s iPhone to defense
counsel. The Government has represented that the affidavit (along with the related search
warrant and a search warrant and related affidavit for a hotel room) is sealed pursuant to sealing
orders in the Norfolk Circuit Court. Because defense counsel has not seen the affidavit, the
defense has been deprived of the opportunity to assess whether the defense has any
constitutional challenges to the search warrant. Defense counsel and counsel for the
Government may be able to reach an agreement on this particular issue. However, no agreement
has been reached by the parties at this time. Therefore, the defense is requesting an extension of
the motion cut-off date in order to receive additional information and/or allow the parties an
opportunity to reach an agreement on this particular issue.
4. The defense has requested that the Court enter an order extending the time in which to
file motions, to wit: a motion to suppress pertaining to the Defendant’s cell-phone to October 14,
2015.
5. The Government does not object to this motion.
Accordingly, for good cause shown, it is therefore ORDERED that the Defendant’s
motion is granted and the date for the Defendant to file a motion to suppress pertaining to the
Defendant’s cell-phone is extended to October 14, 2015.
IT IS SO ORDERED

 

[Pisces22]

Per the court docket, the charges against WH 8 days ago. No new charges on this docket
Trying to find the Heroin charge. No new charges on the Norfolk Criminal District Court Docket or the Circuit Court Docket. JMHO from reading, all the charges that are showing have been Nolle Prosequi .

CaseNumber Defendant Charge Hear Date Status
CR15001178-00 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-01 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-02 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-03 HADSELL, WESLEY OBSTRUCT JUSTICE 10/06/2015 Nolle Prosequi
CR15001178-04 HADSELL, WESLEY POSS AMMO BY CONV FELON 10/06/2015 Nolle Prosequi
CR15001178-05 HADSELL, WESLEY STATUTORY BURGLARY 10/06/2015 Nolle Prosequi

http://ewsocis1.courts.state.va.us/CJISWeb/Search.do

Last entry on the Federal Docket, which was an extension
10/08/2015 21 ORDER granting 20 , an unopposed Motion for Extension of Time as to Wesley Paul Hadsell (1). The Defendant may file a motion to suppress pertaining to the Defendant's cell-phone on or before October 14, 2015. Signed by District Judge Arenda L. Wright Allen on 10/8/2015. (Allen, Arenda) (Entered: 10/08/2015)

^^^ this is where the Def are trying to get the sealed Affidavit for Search warrant to search WH cell phone, NPD would not turn over. SO today was dead line so something should be posting shortly. As today is October 14, 2015
**

BBM, JMHO, possible reason for the Nolle Prosequi, per comment from VI stated that CF Mother dropped charges (Lauryn001 10/14/2015 http://www.websleuths.com/forums/sh...rglary-and-the-Jacket&p=12118335#post12118335)

more at link http://www.nolo.com/legal-encyclope...between-nolle-prosequi-dismissal-charges.html

You are quite the resource lately, much appreciated! I like supporting details! Thanks again.

 

[arkansasmimi]

Here we go.... New filing

Case 2:15-cr-00116-AWA-RJK Document 22 Filed 10/14/15 Page 1 of 5 PageID# 111
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division
UNITED STATES OF AMERICA,
v. Case No. 2:15cr116
WESLEY PAUL HADSELL,
Defendant.
DEFENDANT’S SECOND MOTION TO SUPPRESS OR ALTERNATIVELY
MOTION TO COMPEL THE PRODUCTION OF CERTAIN DISCOVERY
Defendant Wesley Paul Hadsell (“Mr. Hadsell&#8221, by counsel, pursuant to Rule 12(b)(3)(C)
of the Federal Rules of Criminal Procedure, moves this Court to enter an order suppressing from
evidence at the trial of this matter all evidence obtained from Mr. Hadsell’s cell-phone, to wit his
iPhone. Alternatively, the defense seeks an order compelling the Government to provide a copy of
the affidavit in support of the search warrant for Mr. Hadsell’s iPhone to the defense. In support of
this motion, defendant submits the following:

1. Mr. Hadsell is before the Court having been indicted for felon in possession of
ammunition in violation of 18 U.S.C. § § 922(g)(1), 924(a)(2) and 924(e).

2. Trial is scheduled for November 25, 2015 with a jury. A discovery order has been entered
and filed in this case. See ECF No. 16.

3. 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

 

[arkansasmimi]

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.” 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.”

4. The Government has provided the defense with discovery but has stated that it will not
provide a copy of the affidavit for the search warrant for Mr. Hadsell’s iPhone to defense counsel.
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. Because defense counsel has not seen the affidavit, the defense has been
deprived of the opportunity to assess whether the defense has any constitutional challenges to the
search warrant. Therefore, the defense files this motion to suppress any evidence obtained by a
forensic examination of the Mr. Hadsell’s iPhone at the trial of this matter. In the alternative, the
defense seeks an order from the Court compellling the Government to provide a copy of the affidavit
to the defense.

Memorandum of Law
In accordance with Fed. R. Crim. P. 16(a), the discovery order filed in this case states, in
pertinent part: “The government shall permit the defendant to inspect and copyor photograph books,
documents . . . which are within the possession, custody or control of the government, and which are
material to the preparation of his defense or are intended for use by the government as evidence in
______________________
1The defense has received a copy of the search warrant for the iPhone as well as the search warrant
and affidavit for Mr. Hadsell’s alleged hotel room from the Government.

 

[arkansasmimi]

Case 2:15-cr-00116-AWA-RJK Document 22 Filed 10/14/15 Page 3 of 5 PageID# 113

search warrant constitutes “documents” which are included in Rule 16(a) and the Discovery Order.
The affidavit in question also is “within the possession, custody and control of the government.”
Additionally, it is expected that the Government will seek to introduce evidence obtained from a
forensic examination of Mr. Hadsell’s iPhone at the trial of this matter. Finally, the affidavit is
material to the preparation of Mr. Hadsell’s defense since the defense has to review it to assess
whether the defense has anyconstitutional challenges to the search warrant and thus the admissibility
of any evidence resulting from a forensic examination of the iPhone.
The Government’s refusal to provide or produce a copy of the affidavit to the defense
prevents the defense from determining whether Mr. Hadsell has any constitutional challenges to the
search warrant. Suppression of evidence is a pre-trial motion that “must be made before trial.” Fed.
R. Crim. P. 12(b)(3)(C). The defense is unable to make a motion based on the Fourth Amendment
at this point since the defense is not able to determine whether there are valid grounds for such a
motion. 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). Production of the affidavit is also
necessary to comply with due process under the Fifth Amendment and Mr. Hadsell’s rights under
the Sixth Amendment.
Due to the Government’s failure to provide a copy of the affidavit for the search warrant of
Mr. Hadsell’s cellphone to the defense, defendant moves that any evidence resulting from the search
of the cellphone be suppressed from the trial of this case. In the alternative, defendant seeks the
entry of an order compelling the Government to provide defense counsel with a copy of the affidavit

Wherefore, defendant moves for the entry of an order in accordance with this motion.

Respectfully submitted,

WESLEY PAUL HADSELL
By: /s/
Of counsel

 

[katydid23]

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.

 

[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? ]