Because the wording is ambiguous.
Hi,
B. I didnt mean to suggest there is only one way to look at this, and I certainly hope no one (especially you) took offence. I probably let my own frustration influence my words. I understand that there is still a great deal that contradicts my thoughts on it, and for the most part, those who speak about it publicly (newscasters, pundits, lawyers, "experts," etc.) dont seem to see what I think is obvious -- or they arent willing to acknowledge the idea.
Ill try to give you my thoughts on your post knowing full well that I wont change your mind. (Weve been here before -- see links at bottom of this post and read resulting discussions.) I just want you to see what leads me to my conclusions. (And no, I dont believe youre really youre a member of Densa.)
For instance, if PDI, then John could have stepped in to prevent what happened and done more to assist JonBenet and vice versa, if JDI, Patsy could have stepped in and done the same. Since, according to what you've posted about Colorado law, both were implicitly involved thus both were equally culpable for indictment.
The disagreement have with this is that if either Patsy or John were responsible for actually doing something that would (or
could) have caused her death, then that person should have been charged with M-1 (first degree murder). There are at least a few ways that the first degree part could be applied depending on the exact circumstances. For instance: if it was premeditated or intentional, if the death occurred during the commission of another crime (felony murder), or if the cause of her death was done by a person in a position of trust (certainly a parent qualifies for that). So if either one of the parents directly
caused her death and the other parent acted with the other or participated in the act (IOW,
accomplice before the fact), they are still equally responsible under the laws of CO, and there is no SoL. If OTOH one parent only helped the other cover it up (IOW,
accessory after the fact), the GJ or the DA doesnt have to tell a jury which one did what. As co-conspirators it doesnt matter who is the principal and who is the accessory. They can still both be charged with murder and let the jury decide who to find guilty or not guilty, or guilty of a lesser charge. This is all according to CO statutes and it is the reason Ive said there is no such thing as a cross finger pointing defense. (I challenge anyone to find another case where that term is even used.)
Yes, in such a case they would indeed both be indicted, but not as
accessories. They would both be indicted for M-1 as
accomplices. The RGJ instead only indicted them as
accessories (after the fact) stating in the true bill that each of them
unlawfully, knowingly and feloniously render(ed)
assistance to a person (
unnamed)
, with intent to hinder, delay and prevent the discovery, detention, apprehension, prosecution, conviction and punishment of such person (
unnamed)
for the commission of a crime, knowing the person being assisted (
unnamed)
has committed and was suspected of the crime of Murder in the First Degree and Child Abuse Resulting in Death. Why did the RGJ in Johns indictment not name the other person as Patsy, and vice versa? That's what they did when they indicted Aaron Thompson naming Shely Lowe (his common-law wife) as the person to whom he rendered assistance. In that case, even thought the GJ didn't know what happened to his daughter (her body has never been found), they named her in his indictment as the person he assisted. Shely Lowe would most likely have also been indicted the same as Aaron but for the fact that she died while the GJ was convened. Again, remember the indictment doesnt have to name who is the principal.
Notice also that count IV (a) is not for
committing child abuse -- it is for
permit(ting)
a child to be unreasonably placed in a situation which posed a threat of injury to the childs life or health. Why else would neither parent have been named as
committing the child abuse?
Iirc, some grand jury members and Linda Huffman-Pugh stated the grand jury couldn't decide who did what but believed both were responsible by failing to taken necessary steps to protect JonBenet.
LHP had no way of knowing what the RGJ was thinking or trying to decide. Her thoughts might well be prejudiced because of her own feelings. As for the grand juror who made that statement, I agree with it. Neither can I figure out who did exactly each part of the cover-up (except that we know Patsy wrote the RN). Did John tie the cord to the broken paint brush, or did Patsy do that because her sweater fibers were found in the knots? Who put the oversized panties on her, since neither parents t-DNA was found on them? Who wiped or cleaned up the blood that was found on her thighs? Again, these individual things dont have to be proven to a jury for them to find guilt if both parents were involved -- and they
WERE BOTH involved.
It may be BDI but I just can't determine that by reading what was released. It should have been released in full.
Agreed. And I think if it is ever challenged in court, it will have to be. The statutes say the entire indictment is an official action of the GJ and therefore it is information the public is entitled to. But someone with standing will have to challenge/appeal Judge Lowenbachs ruling. (A question about that: Why would Lowenbach
not release the indictment in full considering the CO Supreme Courts ruling in People v. Thompson?)
As an aside, why would the Ramseys keep this before the public by writing books and making many public appearances in speaking engagements if they truly wanted to keep Burke's name out of things. "Let sleeping dogs lie " would be the route to take if one truly didn't want publicity.
:dunno: Narcissism? Money? :dunno:
As I've stated many times over the years, I lean toward PDI and still think so (based on what is known publicly).
I know, and I understand why you and so many others continue to think so. Please forgive my frustrated post.
And, yes, I am still a member of Densa.
No, youre not. Your card was revoked long ago. :giggle:
:findinglink:
Other discussions, same subject:
http://www.websleuths.com/forums/sh...t-about-all-these-3-s&p=10793663#post10793663
http://www.websleuths.com/forums/showthread.php?230052-Premeditated&p=10371398#post10371398
http://www.websleuths.com/forums/showthread.php?23827-Was-Burke-involved&p=10385499#post10385499
:lookingitup:
CO Supreme Courts ruling that the entire indictment is an official action of the GJ and therefore must be release in its entirety with only the names of victims redacted:
https://www.courts.state.co.us/Courts/Supreme_Court/opinions/2007/07SA339.pdf