FoxNews: “So far, Laundrie’s parents have not been charged with any crime, and experts say that could be a tall order under Florida law. Per Florida Statute 777.03, …
Relatives of the offender, however, are largely protected from being accessories. This would include the parents of Brian Laundrie..”
Florida statute may work to advantage of Brian Laundrie's parents
More possible misinformation
IMO, by persons referred to as “experts” too, unfortunately. I first looked at the statute last week.
IMO ONLY - so as to be clear to avoid any “Time Out” for sharing MO, the parents do not fall under subdivision (a).
They fall under subdivision (c). See § 777.03(1)(c) Fla. Stat.
Statutes & Constitution :View Statutes : Online Sunshine
(c) Any person who maintains or assists the principal or an accessory before the fact,
or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a
capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment,
is an accessory after the fact.
Charging the parents should not be dismissed out of hand by the state atty – IF this is even a Florida issue (I think there’s a good argument we’re dealing with Federal law). The law is poorly drafted leading to the confusion, but My position
– which is MOO, AND NOT FACT, is thoroughly supported and (IMO) affirmed, by the black and white Florida pattern jury instructions (the instructions the Judge gives to a jury on the law): See Jury Instruction 21.18
Criminal Jury Instructions Chapter 21 – The Florida Bar
(Florida Std Jury Inst
Florida Standard Jury Instructions – The Florida Bar
Criminal/Chapter 21 (Obstruction), then go to Instruction 21.8
“21.18 ACCESSORY AFTER THE FACT;
To prove the crime of Accessory After the Fact, the State must prove the following [four] [five] elements beyond a reasonable doubt:
1. A (felony alleged) was committed by (name of person committing felony).
2. After the (felony alleged) was committed, (defendant) [maintained] [assisted] [aided or attempted to aid] (name of person committing felony).
3. At that time, (defendant) knew that (name of person committing felony) had committed the (felony alleged).
4. (Defendant) did so with the intent that (name of person committing felony) avoid or escape detection, arrest, trial, or punishment.
If the felony alleged is a third degree felony, give element #5.
5. (Defendant) was not related to (name of person committing felony) by blood or marriage as husband, wife, parent, grandparent, child, grandchild, brother, or sister.
The judge gives this instruction ONLY given *IF* the
original offense is a
3rd degree felony. If the autopsy comes back with a charge against Brian for a
first degree or second degree felony, all bets are OFF. If I were the prosecutor, I would charge them. MOO. Now time to sign right off again so as to not have a "repeat."