MISTRIAL Wesley Hadsell charged with murdering adopted stepdaughter, A.J. Hadsell #2

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Southampton Circuit Court Clerk Richard Harris said the mistrial stemmed from a disagreement over what evidence the jury would be allowed to hear and a stipulation the attorneys had reached before trial.

“There was a misunderstanding about what the parties had agreed to," Harris said, explaining the judge’s ruling.

Judge declares mistrial in Wesley Hadsell murder case
 
Wow. Someone needs to be fired over this.

IMO, there is very little reason to include much of his past. They have overwhelming evidence in this case. Include tidbits from his past as allowed, but no need to try to throw extra stuff in.
 
This is so frustrating. And it gives the defense a chance to redo their stupid opening statements next time.
geez.gif
 
Not that any of us even heard the stupid opening statements, since no local journalist seems to be in the courtroom.
It went like this:

Prosecution: GPS led LE to the house where AJ was found buried under a piece of plywood. LE found duct tape, gloves, dirt residue and a shovel in the van.

Defense: GPS doesn't prove who was driving the work van the day Wesley was driving it... for work. AJ committed suicide. No one can prove that's not true. Nanny nanny boo boo.

I can't wait for the next trial.
Mistrial declared in Wesley Hadsell murder case
That evidence involved what media recordings and criminal records could be used in the case. Wesley Hadsell’s lawyer, James Ellenson, said that changed a lot for prosecutors especially.

“Because of that, the Commonwealth's attorney had to change a good degree of their evidence that physically could not be accomplished in a day. Now what we’ll have to do is have a bunch of pre-trial motions and argue probably every single phone call, every single piece of evidence,” said Ellenson.
...
Ellenson said the mistrial is also because the two legal parties could not agree in court about a stipulation they had reached prior to the trial beginning. Ellenson said Hadsell changed his mind about the stipulations after his ex-wife, Jennifer Hadsell, took the stand.

“We sort of had an agreement and then Wesley changed his mind and that’s his right. He heard Jennifer testify and Wesley sort of realized that parts of his criminal history would come out and he felt uncomfortable about that. He didn’t feel comfortable going on with the agreement the way that we had made it,” said Ellenson.

Poor Wesley, still the victim of mean old evidence. SMDH.
 
It went like this:

Prosecution: GPS led LE to the house where AJ was found buried under a piece of plywood. LE found duct tape, gloves, dirt residue and a shovel in the van.

Defense: GPS doesn't prove who was driving the work van the day Wesley was driving it... for work. AJ committed suicide. No one can prove that's not true. Nanny nanny boo boo.

I can't wait for the next trial.
Mistrial declared in Wesley Hadsell murder case
That evidence involved what media recordings and criminal records could be used in the case. Wesley Hadsell’s lawyer, James Ellenson, said that changed a lot for prosecutors especially.

“Because of that, the Commonwealth's attorney had to change a good degree of their evidence that physically could not be accomplished in a day. Now what we’ll have to do is have a bunch of pre-trial motions and argue probably every single phone call, every single piece of evidence,” said Ellenson.
...
Ellenson said the mistrial is also because the two legal parties could not agree in court about a stipulation they had reached prior to the trial beginning. Ellenson said Hadsell changed his mind about the stipulations after his ex-wife, Jennifer Hadsell, took the stand.

“We sort of had an agreement and then Wesley changed his mind and that’s his right. He heard Jennifer testify and Wesley sort of realized that parts of his criminal history would come out and he felt uncomfortable about that. He didn’t feel comfortable going on with the agreement the way that we had made it,” said Ellenson.

Poor Wesley, still the victim of mean old evidence. SMDH.
"AJ committed suicide. No one can prove that's not true"

OK, if she committed suicide, who buried her?
dontknow.gif


And who pulled her pants down and gave her the defensive wounds?
dontknow.gif


I think Wesley's GAME OVER tatts are about to come true.
pointlaugh.gif
 
"AJ committed suicide. No one can prove that's not true"

OK, if she committed suicide, who buried her?
dontknow.gif


And who pulled her pants down and gave her the defensive wounds?
dontknow.gif


I think Wesley's GAME OVER tatts are about to come true.
pointlaugh.gif
I sure as hell hope so. He's gotten away with too much for too long. It's time to end it.
 
Defense lawyer James Ellenson said the the mistrial stemmed from a disagreement over what evidence the jury would be allowed to hear.

He said the two sides agreed before the trial started his client’s various interviews with the media were fair game, as was any evidence recovered from A.J.'s phone. Once the trial started, however, Wesley Hadsell became worried about the jury learning about his criminal record, Ellenson said.

“He doesn’t want to be judged on past issues,” Ellenson said.

Since Hadsell discussed his record in many of the media interviews, Ellenson informed the court he no longer agreed to them being admitted. He said further time was needed to argue the issue to the judge, and possibly edit out portions of the videos.

“Everybody is disappointed here,” Ellenson said.

Prosecutor Eric Cooke did not respond to requests for comment.

Another hearing is set for Friday for the attorneys to pick a new trial date for Wesley Hadsell, who is charged with first-degree murder, second-degree felony murder and concealing a dead body.

Judge declares mistrial in Wesley Hadsell murder case
 
He freely gave media interviews. I don't know the law (other than the judge has to decide whether to allow prior bad acts or if it is too prejudicial) but seems unfair that they can't use those media pieces. Ugh, SO frustrating.

I am so sorry @Zach, I can't imagine how you feel.
 
Oh gosh, it's even worse. It was a quid pro quo to be able to use AJ's personal thoughts and he reneged!

"Before the trial, the defense and the prosecution made an agreement about Hadsell’s criminal record. The prosecution could use anything Hadsell mentioned about his record to anyone who is not in law enforcement. This includes anything he mentioned to people during the search for AJ’s body and anything he said to the media.

In return, the defense was able to use evidence such as AJ’s calls, texts, and journal entries that otherwise wouldn’t be allowed in court. The defense took advantage of this in their opening statements."

Mistrial declared in Wesley Hadsell murder case
 
Oh gosh, it's even worse. It was a quid pro quo to be able to use AJ's personal thoughts and he reneged!

"Before the trial, the defense and the prosecution made an agreement about Hadsell’s criminal record. The prosecution could use anything Hadsell mentioned about his record to anyone who is not in law enforcement. This includes anything he mentioned to people during the search for AJ’s body and anything he said to the media.

In return, the defense was able to use evidence such as AJ’s calls, texts, and journal entries that otherwise wouldn’t be allowed in court. The defense took advantage of this in their opening statements."

Mistrial declared in Wesley Hadsell murder case

I really hope that they are assigned another judge for the second trial. :mad:

This is beyond devastating for AJ's family and so not fair. Almost 5 years of knowing what he did to AJ and having to still wait for justice.

Since when does the Defendants 'decision' count more than the rights of the victim and her family?

From your link: Mistrial declared in Wesley Hadsell murder case

Getting rid of the agreement meant the commonwealth’s attorney would have to redact much of their evidence, which takes a lot of time. So, the prosecution requested a mistrial and the judge consented.

“There are a million things that you can prepare for in trial and this thing had a million moving parts,” Ellenson said. “A lot of things just sort of crystallize once you start the case and I think that’s what happened for him.”

Ellenson told 10 On Your Side he was in favor of continuing with the trial and the agreement, but at the end of the day it’s his client’s decision.

I just can't believe this is allowed! JMO
 
What is the point of the stipulations being agreed prior to trial if not to prevent either party from changing their mind once it starts? #sincerequestion
I had the same question. It must be legal/allowed/whatever since the judge let it happen, but boy oh boy does it ever feel like a grievous miscarriage of justice.
 
It was the court system that failed to prosecute this slug for a dozen heinous crimes from 2005, setting him loose upon society.

It was the court system that gave him permission to live with my 3 daughters, despite history of rape and abduction, and much more.

It was the federal court system that would not allow his probation officer to testify about his criminal history in family court.

It was the court system that allowed this sociopath fraud career criminal to steal and adopt my daughter, a 15 year old girl he knew for 2 years, whom I had raised to age 13.

It has been the court system that has held the burning iron on our hearts, not allowing us to heal, most especially Anjelica's sisters, for FIVE YEARS, NOW LOOKING AT 6.

It is this court system that is allowing this con man to play them at the expense of my children's hearts.

Justice?
 
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