I am not sure why he quoted 4-6 weeks when the state law is 7-8 weeks (fetus stage vs embryonic stage). If anyone can find updated case law, it would be appreciated but the case law that is currently available states that it is 7-8 weeks in California. People v. Davis: California's Murder...
Great article! She said it well. The military can prosecute, but most likely would only do so if San Bernardino and all others declined prosecution. That is highly unlikely to happen. They have prosecuted murders (and been successful) but like Rebecca said, they will let the civilians do it. It...
Again, they may not know that yet, hence why there hasn't been a report to release. Also, keep this in mind, my understanding is that our state law doesn't consider a fetus under 7-8 weeks to be eligible for the fetal murder charge. If Erin was indeed pregnant, they may be relying on forensic...
I dont believe that the Marine Corps distanced themselves from the case at all. There are 4 jurisdictions involved.
1. San Bernardino County - They started the case from the beginning, not the Marine Corps. The case started when there was a missing person from Joshua Tree State Park (even...
You know, I feel conflicted on the sentence if he is found guilty. On one hand, the penalty of death is appealing for the simple fact that he will be sitting in his cell, alone with his thoughts, for many, many years (considering California isn't actively instituting the death penalty). His...
IMHO, I am not exactly sure why it has not been released. It leads me to think that that the deterioration of the body may be a factor and that they will be relying on toxicology and/or DNA analysis to confirm the fact, hence the delay.
Technically, the defense can say whatever they want, but they should be prepared for a sanction if the judge placed a gag order or the item was under seal. If the information is not under seal and there is no gag order, the defense can talk all they want.
*Edited to say that loose lips sink...
If she was in a very early pregnancy, it could be nothing more than a few cells. If the deterioration of the body was great, there may not be anything to physically "see". At that point, it comes down to DNA analysis and toxicology, both of which take many weeks to come back.
Just an FYI...
Yes, the autopsy is done but there is a very real possibility of the county not releasing the results of the exam pending toxicology and/or DNA analysis. Both of those items can take weeks to get the results back. Its is not the responsibility of the Sheriff's department to...
Not necessarily true. In California, my understanding is that any fetus before the gestational age of 7-8 weeks is not considered homicide (People v. Davis, 7 Cal.4th 797, 30 Cal.Rptr.2d 50, 872 P.2d 591 (Calif. 1994). If she was beyond the 7-8 week point, I believe there may be a murder charge...
http://openaccess.sb-court.org/OpenAccess/criminal/actionlist.asp?casenumber=FMB1400414&courtcode=X&defnbr=4218318&defseq=1&otnmseq=0&dsn=&actionlist=HCSBWRV&relatedcases=Y
Its the San Bernardino County Superior Court Joshua Tree website.
Thank you! I used to post on Websleuths back in the day (well before I worked for law enforcement) during the Scott Peterson trial. When this case came up, I came back to my old stomping ground. I remember how tenacious everyone was in trying to find the truth.
As someone who has been an insider on this case from the first day (one of the law enforcement agencies connected to the case), I just wanted to say hello and thank you. I have been reading here since day one and so many of you have brought up good points and bits of information. There is so...
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