AL - Karen Shahan, 53, murdered, Homewood, 23 July 2013 #2

[LambChop]

I kind of differ with your take on this LC. When I read that statement it sounded to me like they recieved discovery docs and realized a preliminary hearing would be of no help. Thus the statement about going to the grand jury regardless. In some cases charges can be dropped at a prelim I think, in this case after reviewing discovery they saw that was out of the question. JMO

I was going by what a poster had listed earlier regarding Alabama law which, I believe, it stated that any case involving a murder goes to the GJ regardless of what is decided at the hearing. Discovery, I also believe, has to be delivered to defense within 30 days and defense would have already had what they needed for the preliminary hearing or they would have delayed it until that information was delivered to them by the State. I know it is that way in CT as I worked for a Malpractice Attorney years ago and that is what I remember. Defense attorneys don't like surprises. Hey, maybe that is why the attorney I worked for was in a nasty mood all the time. LOL

Not sure why they would bother with a preliminary hearing if the law is it has to be presented before the GJ for a murder case. Does not seem balanced. GJ is one-sided so it will be interesting to see what the GJ comes back with. In the mean time defense will continue to get more discovery as the State's investigation continues. The biggest question here since LE admitted they had not concluded their investigation is what did they have up to this point and will it be enough? jmo

 

[CountryGirl]

I was going by what a poster had listed earlier regarding Alabama law which, I believe, it stated that any case involving a murder goes to the GJ regardless of what is decided at the hearing. Discovery, I also believe, has to be delivered to defense within 30 days and defense would have already had what they needed for the preliminary hearing or they would have delayed it until that information was delivered to them by the State. I know it is that way in CT as I worked for a Malpractice Attorney years ago and that is what I remember. Defense attorneys don't like surprises. Hey, maybe that is why the attorney I worked for was in a nasty mood all the time. LOL

Not sure why they would bother with a preliminary hearing if the law is it has to be presented before the GJ for a murder case. Does not seem balanced. GJ is one-sided so it will be interesting to see what the GJ comes back with. In the mean time defense will continue to get more discovery as the State's investigation continues. The biggest question here since LE admitted they had not concluded their investigation is what did they have up to this point and will it be enough? jmo

BBM

If probable cause is not proven, the felony charge can be dismissed or reduced to a misdemeanor for trial in District Court.

Only goes to a GJ if the preliminary hearing finds probable cause is proven.

 

[EllaMae]

I kind of differ with your take on this LC. When I read that statement it sounded to me like they recieved discovery docs and realized a preliminary hearing would be of no help. Thus the statement about going to the grand jury regardless. In some cases charges can be dropped at a prelim I think, in this case after reviewing discovery they saw that was out of the question. JMO

I agree with you.

 

[Tugela]

So it could appear that whatever the State has presented so far may not be a cause for his defense team to worry. I was shocked to hear on the video that there are over 300 cases for the GJ to considered over the next 13 months with the GJ only meeting once a month. That is a lot of cases. jmo

Since there is no defence presented in those proceedings, most cases probably proceed to indictment as a formality.

 

[Tugela]

BBM



Only goes to a GJ if the preliminary hearing finds probable cause is proven.

Probable cause does not have to proven, it would just be a list of evidence and the investigators opinion of that.

Dismissal would only happen if there was no evidence, or if the evidence could not reasonably be interpreted as pointing to guilt. That is a much lower bar than proof, which you would need to do in a trial.

 

[CountryGirl]

Probable cause does not have to proven, it would just be a list of evidence and the investigators opinion of that.

Dismissal would only happen if there was no evidence, or if the evidence could not reasonably be interpreted as pointing to guilt. That is a much lower bar than proof, which you would need to do in a trial.

Obviously it does have to be proven according to Alabama legal proceedings I have posted and quoted below. They use the term "proven".

If probable cause is proven, the defendant is "bound over" (i.e., sent to) Grand Jury. If probable cause is not proven, the felony charge can be dismissed or reduced to a misdemeanor for trial in District Court. A defendant can decide not to have a Preliminary Hearing. Most felonies arrive in Grand Jury after such a "waiver".

 

[Jewels53]

Just checking to see if anyone has heard anything lately?

 

[Ausgirl]

Well.My gut told me from first post that this killed his wife. Now he's in court for it. Colour me completely unsurprised.

As for motive... I reckon it's to do with money, possibly as well as reputation.. But as Lambchop has been saying, why would he be motivated to murder for something that wouldn't be a secret for much longer...

I ask myself that, too. And I think there's money stashed somewhere that Karen found out about, or that he didn't wish to share with her. Offshore accounts, something.. Just another gut feeling.

 

[Tugela]

Obviously it does have to be proven according to Alabama legal proceedings I have posted and quoted below. They use the term "proven".

They only have to prove probable cause, not that the facts are correct. As I mentioned earlier, that is a really low bar to meet. In a hearing like that the accuracy of the evidence presented is not contested, what they contest is does the evidence meet the standard of probable cause or not. If it does not meet that standard then the charge is dismissed, if it does then it goes on to the grand jury who is then supposed to determine if the evidence is sufficient and sound enough to go to trial. It is only at the trial where the validity of the evidence is really contested, most of what goes before is a formality.

Short of there being no evidence at all, it would almost certainly be sent to the GJ.

 

[Deleted member 102539]

Nothing new but a small contribution:

http://ftpcontent.worldnow.com/wbrc/docs/shahan-warrant.pdf

The "unknown object", which had been used for stabbing/cutting, could perhaps be hidden in the church?

 

[IHAVENOCLUE]

Nothing new but a small contribution:

http://ftpcontent.worldnow.com/wbrc/docs/shahan-warrant.pdf

The "unknown object", which had been used for stabbing/cutting, could perhaps be hidden in the church?

Hmmmm...

Wouldn't that be interesting...

:waitasec:

 

[IHAVENOCLUE]

Nothing new but a small contribution:

http://ftpcontent.worldnow.com/wbrc/docs/shahan-warrant.pdf

The "unknown object", which had been used for stabbing/cutting, could perhaps be hidden in the church?

FromGermany...

Your post got me thinking about various possibilities of what the "unknown object" (weapon) could be...

Here are some thoughts...

-Knife

-Shard of glass

-Letter opener

-Metal cross

-???

JMO...

 

[Deleted member 102539]

FromGermany...

Your post got me thinking about various possibilities of what the "unknown object" (weapon) could be...

Here are some thoughts...

-Knife

-Shard of glass

-Letter opener

-Metal cross

-???

JMO...

Shard of glass and then having been washed and crashed? But don't you cut yourself by stabbing/cutting?
IF the perp was using a shard of glass (from the broken window), then I would think, it wasn't "an unknown object"?
I have no idea.

 

[txsvicki]

It could have been something in the house used as a weapon. I don't think it's ever be established where shahan was when Karen was killed. Scissors, knife, or something that could stab yet also cut?

 

[IHAVENOCLUE]

It could have been something in the house used as a weapon. I don't think it's ever be established where shahan was when Karen was killed. Scissors, knife, or something that could stab yet also cut?

Oh yes... Scissors may have been a weapon too...

:waitasec:

 

[Deleted member 102539]

As a facilities administrator RS certainly had access to everything, that has to do with "maintenance" in whatever form, perhaps several tools too. :dunno:

 

[Jewels53]

It has been a month (2-5-2014) since Richard Shahan went to court last. I would have thought the GJ had met by now. Didn't one article say they met 13 times a year?

I checked one of the news sources we have and there wasn't anything new.


Hmmm?

 

[IHAVENOCLUE]

It has been a month (2-5-2014) since Richard Shahan went to court last. I would have thought the GJ had met by now. Didn't one article say they met 13 times a year?

I checked one of the news sources we have and there wasn't anything new.


Hmmm?

Frustrating, yes...:banghead:

Thanks for checking and keeping us updated, Jewels! :seeya:

 

[Jayarre]

Frustrating, yes...:banghead:

Thanks for checking and keeping us updated, Jewels! :seeya:

I live one county over and have served on the GJ here. In this county it meets 2x a year...spring and fall.

 

[IHAVENOCLUE]

I live one county over and have served on the GJ here. In this county it meets 2x a year...spring and fall.

Thanks, Jayarre!

This makes sense...

:seeya: