2010.07.26 Grand Jury begins

[Billylee]

The GJ is briefed by the prosecutor about the case. The foreman of the grand jury swears in each testifier and they give their testimony. (Usually, police or detectives, witnesses (from either side mind you), etc.) Then the grand jury asks the questions of each person that testifies. And they can pretty much ask anything they want that they feel is relevant to determining whether or not there is enough evidence to indict. So, as a GJ you are kind of looking at it from the defense side, because you're trying to make sure the prosecution has enough evidence to indict. Does that make sense? So, let's say the prosecution says Terri's phone pings didn't match where she said she was. You are provided documents that will show that and be able to question the person(s) who provide that information and ask them how that works, etc. Then you can ask them, can that be wrong, etc., can a ping actually have bounced from here to here, etc. And if they say something to the effect of yes, but that would be unusual. Then you as a GJ ask yourself how good then, is that evidence. And you might ask could it have been someone else using her phone? That kind of thing. You make notes on every testimony. (You can be re-convened on a case, or have to testify in court as to what you heard in the GJ, though it never happend to any of us.) They keep ALL notes under lock and key.

Hope this helps explain the process in lay terms.

 

[Melanie]

I can't imagine the MFH plot would require the presence of Tony and D. What would they have to do with it. This has to be for the dissapearance of Kyron.

MOO

Mel

 

[Melanie]

You are right about everything except one--The Multnomah County Courthouse is only cold in the winter. This time of year it is roasting! (It is very old and needs to be torn down and rebuilt--but we keep spending our money on stupid stuff around here.) Just an FYI. Maybe he was warned and brought a battery powered fan. Now that would be useful.

In most California courthouses you are not allowed backpacks. Unless you have a pretty good darn reason (it, you're an attorney). I saw this while on Jury Duty.

My opinion only --

Mel

 

[Dee10]

I've always heard that a good prosecutor can get a grand jury to indict a ham sandwich. If that happens, I guess the defendant can be called a scape-pig.

ETA: Goatman, I see you are happy about this. Don't blame ya!

I have heard that a number of times too & I always chuckle. I once was a legal secretary (though no criminal experience) so that joke doesn't get old for me lol. I believe though the reasoning is the lesser standard required than trial, however I don't believe that the prosecution puts up cases with little evidence, especially these days with budgets, etc.

 

[Billylee]

I have heard that a number of times too & I always chuckle. I once was a legal secretary (though no criminal experience) so that joke doesn't get old for me lol. I believe though the reasoning is the lesser standard required than trial, however I don't believe that the prosecution puts up cases with little evidence, especially these days with budgets, etc.

BBM

I think you're right, but I can tell you that although most cases that were brought before us when I was on the GJ were issued a bill to indict, there were some that were not.

 

[Chablis]

So if people are forming a grand jury to hear about Terri and her actions, does this mean shes a suspect? You would think so.

 

[cluciano63]

If LE thought it was possible they have all they are going to get, they could go ahead with a grand jury now. They may not have been able to get what they hoped for from the videos or the questionnaires and are just proeceeding on the assumption and from whatever facts they have, that Kyron must have left with Terri and therefore she must be responsible for his disappearance.

I still am unsure as to who decides what charges are feasible and how the charge of kidnapping applies to a parental-typel person who lives in the home. I know there are many cases of non-custodial parents kidnapping children from custodial parent but I have never seen a case where a parent/step who lived in the home with the child was charged with kidnapping. I am wondering if LE used the term "deprived" of Kyron as a way to lead up to whatever charges they are trying to get.
This case has to be close to unprecedented...

 

[Oriah]

In most California courthouses you are not allowed backpacks. Unless you have a pretty good darn reason (it, you're an attorney). I saw this while on Jury Duty.

My opinion only --

Mel

I have never been in a courtroom where they allow backpacks (minus liquid oxygen and other medical devices, etc) either.
Briefcases with paperwork and laptops, that sort of thing? Yes.
Backpacks, usually no.

Must've just been bottled water, snacks, a comfort item....and maybe stuff to write with.

Makes me incredibly sad to think of, for some reason.

 

[goatman]

Does anyone have a screen shot of the backpack?

TIA

 

[Dee10]

If LE thought it was possible they have all they are going to get, they could go ahead with a grand jury now. They may not have been able to get what they hoped for from the videos or the questionnaires and are just proeceeding on the assumption and from whatever facts they have, that Kyron must have left with Terri and therefore she must be responsible for his disappearance.

Respectfully snipped by me

But as this is such a national case, do you think that is realistic? Personally, I think it would be the opposite given "all" eyes are on Oregon in this case. They have said many times about wanting all the t's & i's dotted & to get it right.

 

[cluciano63]

Respectfully snipped by me

But as this is such a national case, do you think that is realistic? Personally, I think it would be the opposite given "all" eyes are on Oregon in this case. They have said many times about wanting all the t's & i's dotted & to get it right.

But we are pretty sure they do not have Kyron or his body. So whatever they are doing has to be based on presumption, just due to that fact. They can't know what happened.

 

[Tink56]

Initially in the Danielle Van Dam murder case, LE arrested Westerfield and charged him with murder before Danielle's body was found.

I actually think that having someone "behind bars" makes them more willing to share information such the victim's locattion.

 

[forthelost]

I know there are many cases of non-custodial parents kidnapping children from custodial parent but I have never seen a case where a parent/step who lived in the home with the child was charged with kidnapping.

I've seen a couple of them. Kyle Rae is the only one still missing, though.

 

[IBsleuthin]

Good evening, I'm sorry to repeat this if it's already been asked but were Kaine, Desiree and Tony all asked to appear together today? Or were they asked individually to appear?

TIA

 

[nurseratchett]

I still think the comment made by Mike Schrunk that they don't "have" to find Kyron before proceeding with a case is valid. I also think the timing very odd given the same day they decided they did not need all the extra funds that had initially been requested was the same day they publicized the searches of DeDe Spichers home and TH's other friends.

http://www.katu.com/news/99041199.html?tab=video

 

[cluciano63]

I know they don't have to find Kyron to press charges...but am confused as to what kind of charges they are going for...

 

[cypress]

To be honest i wonder if she did love Kyron. Personally I think she was jealous of him and that he had served his purpose for her now she had a child with Kaine.

I guess it depends on your definition of cooperative. I know that if i was asked to take a lie detector test i would take it there and then. I wouldnt keep walking out and nor would i make them wait several days to do one ( as i believe the third was did).

Kaine has stated that Terri had/has PPD and that she was/is on medication. His statements have evolved over time, and he was unsure if she was still on medication and/or hiding her condition, etc. Regardless, some medications, specifically anti-depressants which Terri would've likely been on for PPD, interfere with LDTs. I don't assert this as any kind of fact, but I wonder if the amount of time between LDTs was to allow medication to work out of Terri's system.

 

[Wise Old Owl]

I know they don't have to find Kyron to press charges...but am confused as to what kind of charges they are going for...

The Grand Jury indicted KC on murder before they found Caylee.

Just sayin.............

 

[gwenabob]

In most California courthouses you are not allowed backpacks. Unless you have a pretty good darn reason (it, you're an attorney). I saw this while on Jury Duty.

My opinion only --

Mel

You can take a back pack into Multnomah County Courthouse, but everything has to go through an x-ray machine, and nothing that could be used as a weapon can get through. I have had more than one nail file confiscated.

True story--a couple years ago my husband was working on painting the exterior of the house. His ladder fell two stories with him hanging on all the way down. He broke both his arms and blew out his eye. (No, the eye did not boing out, just the supporting bone below it broke) He is all fixed up now.

Anyway, when he was at the hospital, I had to take all the junk out of his pants pockets including loose nails and a putty knife and a razorblade scraper like you use to take paint off a window. I threw it all in my purse.

A week later I had to file something at the courthouse and of course all that junk was still in my purse. I had some 'splainin to do at the x-ray machine. How many women do you know who carry putty knives, razor scrapers and nails in their purse? All confiscated. Oh well.

 

[JSR]

I'm not all up with Oregon's laws about such things, but if LE had a plethora of evidence against Terri, why not simply arrest her?

What is making them choose a Grand Jury indictment versus an immediate arrest?

Because you still have to have an indictment handed down from a Grand Jury to charge someone with a crime. In other jurisdictions you can also get an indictment from a judge (who hears evidence during a preliminary hearing). They can arrest her but at some point they need to show probable cause as to why she should be indited.

Either way this process needs to play out like this. This isn't a process you can skip.