2015.10.15 CWW Booked into Lee County Jail

  • #281

From the Communications Director at the State Attorney’s Office in response to my public information request letter:


Hello...

Thank you for your request. At this time, nothing in that case is public record as the case is still under review and he has not been charged by our office yet. Please feel free to submit your request again in the future. I do not have a time frame for charges, thus can’t say exactly when the public record process will start.

S........ S.......

Communications Director
State Attorney’s Office


https://www.floridabar.org/TFB/TFBR...51AD291A3F85256B29004BF892/$FILE/Criminal.pdf

Alternatively -
https://www.floridabar.org/tfb/TFBLegalRes.nsf/
Select - Florida Rules of Criminal Procedure

Florida Rules of Criminal Procedure


Page 54

RULE 3.134. TIME FOR FILING FORMAL CHARGES

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.

In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.
 
  • #282
  • #283
My thoughts exactly. I'm a bit hesitant to make too much of the Miami # since it may have been made by another inmate on CWW's card.

True. Maybe a little switcheroo - I use your card, you use mine.
 
  • #284
Could it be possible that they are waiting for the Feds to charge him?

Anything is possible, but just my two cents: if the state attorney's office said that CWW "has not been charged by our office yet" I would take this to mean that the state prosecutor expects to be the office filing charges, not the feds. If the feds charged, the filer would be the US Attorney's office. I think the state attorney's office may be waiting to charge in order to buy some time before handing over discovery, JMO.
 
  • #285
True. Maybe a little switcheroo - I use your card, you use mine.
Yep. We all want new tidbits, however, I this it's not relevant.

Sent from my SM-N900V using Tapatalk
 
  • #286
  • #287
I just read on nbc-2 that CWW is planning to use his neighbors as his defense to show that he was in MO the entire time. They are to sign affidavits and everything. Hmmmm....

I wondered about that when I read it if that was bluff - just putting that out there and people (jury pool) will latch onto that not caring or bothering to learn that it's never been produced. Not saying it will or it won't - just that the other lawyer said no way was CWW in FL "during that time" when LE has him on video with JR at Walmart "during that time".

But, depending on what the relationships are between CWW and his neighbors, would anyone swear to his being there because of fear? Even so, I can't see how someone would deliberately lie to LE about something that can be proved a lie by CWW appearance on date and time stamped video and potential testimony from JR.
 
  • #288
https://www.floridabar.org/TFB/TFBR...51AD291A3F85256B29004BF892/$FILE/Criminal.pdf

Alternatively -
https://www.floridabar.org/tfb/TFBLegalRes.nsf/
Select - Florida Rules of Criminal Procedure

Florida Rules of Criminal Procedure


Page 54

RULE 3.134. TIME FOR FILING FORMAL CHARGES

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or

(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.

In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

Sorry if this is a stupid question, but does the clock start running when he hits the Fl. jail or when he was taken into custody in MO? If MO is the answer, hasn't he exceeded the time limit to be formally charged?
 
  • #289
Sorry if this is a stupid question, but does the clock start running when he hits the Fl. jail or when he was taken into custody in MO? If MO is the answer, hasn't he exceeded the time limit to be formally charged?

AS far as I understand and recall, FL had 30 days to extradite CWW. Until this extradition time, CWW was technically "held" in MO. MO could have extended the 30 days to 60 days, if necessary. Once that CWW hit the FL State line, the clock started ticking. So, the "arrest" in MO + 30 days for extradition, then FL + 30 days until formal charge.

That's why the formal arraignment is scheduled for November 16th.

-Nin
 
  • #290
I was truly hoping the document dump would have happened by now. For those that know, what is gained/lost by not releasing them by now? TIA

Time.

-Nin
 
  • #291

Thanks!

According to Ross, Wright claimed he was in Missouri at the time of Teresa's murder, and is planning to use his neighbors to help his defense.

"That's what he said to me, that he was home that whole time and that he talked to the neighbors," said Ross. "He told me [the neighbors] said they would all sign affidavits saying that he was there."

:waitasec:
 
  • #292
Quoting from the AZLayer thread in order to comment on the public records request:

'The state attorney's response makes sense. The Oct 20 notice of participation in discovery would normally trigger a response within 15 days. However, if the arraignment hasn't happened yet I don't see how the state's attorney could be forced to participate before then. The documents should be available via public records request (subject to "continuing investigation" and other exceptions) from the sheriff's office, though. But it sounds like the state's attorney will have an officially open case soon enough.'

LVSO says - via phone call - all files are still sealed due to an ongoing investigation, everything but the probable cause document, which we are familiar with.

-Nin
 
  • #293
Quoting from the AZLayer thread in order to comment on the public records request:

'The state attorney's response makes sense. The Oct 20 notice of participation in discovery would normally trigger a response within 15 days. However, if the arraignment hasn't happened yet I don't see how the state's attorney could be forced to participate before then. The documents should be available via public records request (subject to "continuing investigation" and other exceptions) from the sheriff's office, though. But it sounds like the state's attorney will have an officially open case soon enough.'

LVSO says - via phone call - all files are still sealed due to an ongoing investigation, everything but the probable cause document, which we are familiar with.

-Nin

But, didn't Parker waive the November 16 arraignment, and put in a not guilty plea
on behalf of CWW on the 20th?
 
  • #294
But, didn't Porter waive the November 16 arraignment, and put in a not guilty plea
on behalf of CWW on the 20th?

You mean Parker, Porter is the judge. Yes, she did. Since this is a felony, I believe there are 2 arraignments, one before the district court and the second before the circuit court. I think she waived the first one, while the second one is the one with the formal prosecutor's charge.

Perhaps someone can confirm this.

-Nin
 
  • #295
You mean Parker, Porter is the judge. Yes, she did. Since this is a felony, I believe there are 2 arraignments, one before the district court and the second before the circuit court. I think she waived the first one, while the second one is the one with the formal prosecutor's charge.

Perhaps someone can confirm this.

-Nin
Oh yeah, Parker, my bad.:facepalm:
 
  • #296
But, didn't Parker waive the November 16 arraignment, and put in a not guilty plea
on behalf of CWW on the 20th?

"On Tuesday, Parker filed a waiver of arraignment, meaning Wright likely won't appear in court for his scheduled arraignment on Nov. 16. Parker also filed a written plea of not guilty, which is typical in criminal cases."

JMO, Parker's waiver pertained to CWW's presence in court on that date. Discovery would begin (at the earliest) after the Nov. 16 arraignment. AZLawyer just answered a question on the lawyer thread explaining the timing of discovery and charging docs if you're interested!
 
  • #297
AS far as I understand and recall, FL had 30 days to extradite CWW. Until this extradition time, CWW was technically "held" in MO. MO could have extended the 30 days to 60 days, if necessary. Once that CWW hit the FL State line, the clock started ticking. So, the "arrest" in MO + 30 days for extradition, then FL + 30 days until formal charge.

That's why the formal arraignment is scheduled for November 16th.

-Nin

Thanks NIN for your answer and keeping an eye out for the doc release :)
 
  • #298

And the pastor has known CWW only since his marriage to AW? That would have been appx 3 months prior to the arrest? Betcha there is LOTS pastor doesn't know about CWW.

ETA- yes I know it seems many people in Hillsboro are "afraid" of CWW, I wonder if Pastor Ross knows? AW made the call, asking him to bring the Bible- not CWW. Now in all fairness, CWW may not have wanted to "waste" a call asking for the Bible but this potential defense doesn't hold much water IMO.
Do we know how long CWW had been living in said trailer park?
 
  • #299
Thanks!

According to Ross, Wright claimed he was in Missouri at the time of Teresa's murder, and is planning to use his neighbors to help his defense.

"That's what he said to me, that he was home that whole time and that he talked to the neighbors," said Ross. "He told me [the neighbors] said they would all sign affidavits saying that he was there."

:waitasec:


IMO - CWW was blowing smoke, he planned to use this argument to fight extradition too. There may be a pen shortage in the 'hood, since none of those letters ever appeared and CWW is now a guest of Fl LE. Shows us a little of how arrogant he is though, he presumed that his neighbours would do it just because he said they should/would.
 
  • #300
IMO - CWW was blowing smoke, he planned to use this argument to fight extradition too. There may be a pen shortage in the 'hood, since none of those letters ever appeared and CWW is now a guest of Fl LE. Shows us a little of how arrogant he is though, he presumed that his neighbours would do it just because he said they should/would.



"Pen shortage in the 'hood"...... too funny NSS!

Yes, It sounds like CWW is blowing smoke - those alibis, if they ever existed, certainly would have been documented & verified way before he was extradited.
 

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