WV WV - Aliayah Lunsford, 3, Lewis Co., 24 Sep 2011 - # 6

[Angleena]

I don't read too much in to the mother having an attorney at this point. Her children were taken from her home, I would have an attorney too. When children are removed from the home, the parents have a right to a hearing within 10 days of that removal. Most states will appoint an attorney at the states cost if the parent cannot afford one. For all we know, her attorney could be one that was appointed by the courts because of the removal of the children.

 

[wenc]

I don't read too much in to the mother having an attorney at this point. Her children were taken from her home, I would have an attorney too. When children are removed from the home, the parents have a right to a hearing within 10 days of that removal. Most states will appoint an attorney at the states cost if the parent cannot afford one. For all we know, her attorney could be one that was appointed by the courts because of the removal of the children.

Plus she has had experience with the legal system before. She would probably want an attorney present with any questioning and just to give advice. From what I have seen of the Dyer fellow on the news, I would not have hired him either. JMO

 

[Melanie]

I don't read too much in to the mother having an attorney at this point. Her children were taken from her home, I would have an attorney too. When children are removed from the home, the parents have a right to a hearing within 10 days of that removal. Most states will appoint an attorney at the states cost if the parent cannot afford one. For all we know, her attorney could be one that was appointed by the courts because of the removal of the children.

That's interesting, because from what I understand you are not appointed an attorney in a custody case -- ie, taking children from the home. Look at Josh Powell. He wasn't given an attorney and represented himself to try to get his kids back (it failed).

We certainly don't do that in California. We're bankrupt already -- can you imagine the State handing out attorney's for every child custody case?

However, WV may have a different rule:

WEST VIRGINIA CODE
§49-6-2. Petition to court when child believed neglected or abused--Right to counsel; improvement period; hearing; priority of proceeding; transcript.
(a) In any proceeding under the provisions of this article, the child, his or her or parents and his or her legally established custodian or other persons standing in loco parentis to him or her shall have the right to be represented by counsel at every stage of the proceedings and shall be informed by the court of their right to be so represented and that if they cannot pay for the services of counsel, that counsel will be appointed.

Now let's assume the LML couldn't afford counsel on her own. Why wouldn't she wait until an attorney is appointed to her? I could never go out and hire an attorney because we simply couldn't afford one. How is she doing it?

Just one more thing that baffles me about this case...or whatever we're calling it.

Source: http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=49&art=6&section=2

 

[wenc]

He may be a lawyer she used before, maybe does not trust local lawyers or had a negative experience dealing with a local lawyer. With the notoriety of this case, they may represent her for little or no charge. He got a lot of free advertisement with his name blasted all over the news. She could have went through one of those lawyer referral programs. We will probably never know the why or how, doubt she would write a book about her experience.

 

[Mjskit]

Now let's assume the LML couldn't afford counsel on her own. Why wouldn't she wait until an attorney is appointed to her? I could never go out and hire an attorney because we simply couldn't afford one. How is she doing it?

Maybe the lawyer is doing it pro bono. He volunteered thinking this case could make him a big name? You never know.

 

[tlcya]

I don't find it at all odd, LML hiring a lawyer. In this day and age, everyone seems to hire a lawyer, even if they've done nothing wrong. I am betting, with a history of brushes with the law, that when the children were removed, the first reaction was - I need a lawyer.

To some, who lead lives in which the only reason to hire a lawyer is for a divorce or estate planning, this may seem an odd response. But to someone who has been incarcerated and had to appear in court on more than one occasion, hiring a lawyer may seem to be the most logical of acts, when faced with yet another situation where the authorities (in this case DCF) have accused you of something.

Really, if you think about it, the removal of the children is an accusation of sorts. DCF must be alleging SOMETHING in order to do that. Alleging what - we don't know. But DCF has alleged that those children were not safe in her care for whatever reason. This means more court for LML. Facing court, I imagine it is perfectly logical to hire a lawyer to navigate that.

 

[Mjskit]

By the way,I think, from the moment these children were removed they were and will continue to be protected from news reports. No one other than LE or professionals given permission from LE will be permitted to discuss this horrible event. If the children speak freely to LE, DHHR, or foster parents it is recorded (written down). Foster parents are not to discuss the parents in a derogatory manner and are not to ask personal family questions. Most likely there is no family contact allowed. IMO

These children have lost everything. No family, friends, and maybe not even each other. Totally isolated. Although they may have had a rough life I can pretty much guarantee you they love their mother. They are terrified and worried about LL, the new babies, each other, and (if they didn't witness anything) baby A.

 

[wenc]

And usually in the case where good parenting is lacking, the other sibling(s) take on the role of the parents which makes for an even deeper bond between the siblings. And I agree, some children love their parents no matter what they do to them.

 

[alwayslooking]

Too many edits. Like Grandma said back thread we've heard a lot of them redacted here and it can be misleading.

It even sounded as if it were edited while it was getting ready for a connection.

A side note not related directly to this case but interesting: When a person calls 911. As soon as you hear the phone ringing you are being recorded.

How do I know this? Well, about 25+ yrs ago I knew a man that had murdered his wife, gone out with a friend to a nightclub and then took his buddy home and "discovered" her body with buddy there. He called 911, he was laughing and passing marijuana back and forth with the buddy while he waited for the 911 operator to pick up. That's how they got his butt. He's still in prison and is serving a life sentence (I'm a WS'er, I looked him up to see if he was still in prison )

Yes I have also had some experience with recordings, when my husband was injuried, he did hit his radio, and his transmission was fully recorded, the calls from a home close to the shooting also called 911, I heard the full recording before the dispatcher even picked up the call! I found it amazing that even in panic, you could understand what was happening pretty clearly! And the first utterences, are very important to a case, in this 911 call the man said there are gun shots going off, I think old bill my have killed one of yours get help now! The man did not even remember saying bill's name! So now when I hear a 911 call, I pay close attention in panic it seems like your more honest with your judgements (right or wrong), and lying seems difficult to pull off and keep up with!

 

[alwayslooking]

I feel sad that this case is not getting the same attention that some other missing children get, however with the family history maybe it is felt, that it will be solved without a lot of media!JMO

 

[dsntslp]

National District Attorneys Association
Volume 17, Number 6, 2004
By Allie Phillips1

Weathering the Storm after Crawford v. Washington
(Part 2 of 2)
http://www.ndaa.org/ncpca_update_v17_no6.html
------------
This paper discusses excited utterance but is a rape case. It is somewhat helpful, nonetheless, IMO. The most recent case, that comes quickly to mind, where excited utterance to 911 was determined to be admissible was Cindy Anthony's 911 calls in regards to Caylee missing in July 2008.

Admittedly, the case in the above article is a 2004 case and things may have changed or been updated. I have not run Shepards (updates) on this but am instead going to see if I can find cases with more precedent value (closer to home, etc...). HTH. BBL.

 

[dsntslp]

National District Attorneys Association
Volume 17, Number 5, 2004
By Allie Phillips1

Weathering the Storm after Crawford v. Washington
(Part 1 of 2)

http://www.ndaa.org/ncpca_update_v17_no5.html

---------------
This is the first part of the article linked in my previous post.
Amongst other things it discusses child forensic interviews. HTH. BBL.

Again, this is based on a 2004 case and I have not run Shepards for changes, updates or to see if any part has been overruled. etc...

 

[Velouria]

I don't read too much in to the mother having an attorney at this point. Her children were taken from her home, I would have an attorney too. When children are removed from the home, the parents have a right to a hearing within 10 days of that removal. Most states will appoint an attorney at the states cost if the parent cannot afford one. For all we know, her attorney could be one that was appointed by the courts because of the removal of the children.

I don't believe this attorney was court-appointed. Every article thus far has stated that she hired him last Friday. Her children were not removed from the home until 9 pm that evening.

If her concern was regaining custody of her children, why hire a criminal defense attorney instead of a family law attorney?

 

[cachmo]

http://www.wvrecord.com/news/227420-woman-sues-correctional-officer-doc-for-sexual-misconduct

This states the name of her lawyer in the sexual misconduct case and its different. Just for future refrence. I hope this hasnt been posted and I missed it.

 

[Dr.Fessel]

http://www.wvrecord.com/news/227420-woman-sues-correctional-officer-doc-for-sexual-misconduct

This states the name of her lawyer in the sexual misconduct case and its different. Just for future refrence. I hope this hasnt been posted and I missed it.

TY, I was just going to ask if anyone knew that.

 

[vasportsmom]

One thing that strikes me odd about the 911 call is the way she says several times that she went up the streets looking for Aliayah (but never down), but never breathes a word about the river. If I lived so close to a body of water surrounding our home from several directions that would be the first thing on my mind. Please please send in divers asap, she can't swim, I'm so afraid she'll fall in the river...

BBM

I've saw that mentioned a few times and that part really doesn't bother me. I am hopelessly directionally challenged. My husband spends half his time saying "Your other right, Rhon" (I blame this on the fact that I am ambidextrous and never got to make the connection that 'I write with x hand so this way is x', hey a girl needs an excuse) and asking me to point out north, south, east or west is even funnier. I have tons of trouble with up/down the road to the point that I just stick with one (down in my case) and everyone arounds me knows it but strangers really pick up on it. I wonder if something similiar might be the case with LL.

I thought of this a bit ago when my ex-SIL (and fav person in the world, I like her much better than the brother she divorced) posted on her FB that she had chili in the crock pot and was headed to work. I responded "When you get home and it's gone, you will know that I was down there. Thanks for the key!" even though I know good and well that she lives up the road from me because we live on the same road and I live at the base of the mountain while she lives a mile on towards the top. Anyway, several people that know where we both live commented on my "down there" and got to have a good laugh once April explained my directionally challenged issues.

To continue O/T, I am so bad that a few years ago when LE came to my house inquiring after a family member that was wanted the directions I gave them were so off base that they threatened to charge me with giving false info. I had all the street names right and the color of the house, vehicles etc but my lefts, rights, ups and downs were all backwards. I no longer give directions. Anytime I am asked I call my husband and have him do the talking.

 

[imamaze]

Sleuthing minors is not allowed unless it is the victim. We don't sleuth just anyone even if it is family. They must be tied to the case and mentioned in the MSM. We don't want to post about someone's mother, brother employer etc. just because they know the main player.
We try not to invade everyone's privacy, if it has no bearing on anything leave it out. Thank you everyone.

Ima

 

[kljohnson0458]

Sad to come to come, refresh and nothing new.

 

[liltexans]

Sad to come to come, refresh and nothing new.

I agree. I think most members are on Lisa Irwin's thread right now, though.

 

[tlcya]

have been monitoring the Lisa case all morning and coming over here to check for any new developments, just anything.

So depressing that little Aliayah's case has never made it to the level of attention that Lisa's has.

Where are you little one?