Found Deceased AZ - Isabella Grogan-Cannella, 8, Bullhead City, 2 September 2014 - #4

[blefuscu]

Rest in peace Bella x

 

[MsMarple]

Bella’s Buddy Bench honors Isabella “Bella” Grogan-Cannella, the 8-year-old Bullhead City girl and Diamondback student who was kidnapped and murdered last September.

“While there is no doubt Bella came from a troubled household, it came through all her writing and all her schoolwork that her friends were a source of joy and comfort to her,” said Principal Martin Muecke, in his remarks opening the dedication ceremony.
...
“Our hope is that students will use the bench to sit on if they’re looking for someone to play with,” said Geni Krebs-Borland, Diamondback Elementary School PTO president.

“The kids love it,” Muecke said. “Something that began out of sorrow has brought joy to our kids. The memory of Bella will last for years and years.”

http://www.mohavedailynews.com/news...cle_a0cbdc2c-546d-11e5-9d6f-0398e3c38ae0.html

 

[MsMarple]

No surprise here, I'm just keeping Bella's thread from getting buried in the forum. Next hearing is September 30.

The death penalty is unconstitutional because it fails to require the jury to consider the cumulative weight of mitigating factors, Gavin said. He also argued that prosecutors have complete discretion in whether to seek the death penalty, which violates his client’s constitutional rights.

Rector’s next hearing is set for Sept. 30 and his murder trial is set to begin Oct. 17, 2016.

http://www.mohavedailynews.com/news...cle_811beaf4-59ed-11e5-bd3c-cbda83915c8f.html

Here's the motion:

http://www.mohavecourts.com/highprofile/highprofileRector.htm

 

[MsMarple]

KINGMAN — The mother of a little girl who was murdered in September 2014 was sentenced Thursday to five years in prison on a drug charge.
...
Grogan’s attorney, Brad Rideout, cited his client’s age, her lack of criminal history, that she was cooperative with police and that she relapsed into drugs. Rideout said Grogan’s involvement was doing what Ralph Pat Leroy Folster III told her in packaging the methamphetamine. He also said it was a small amount of meth and she was involved in only one of the drug buys.
...
Grogan admitted to committing the drug crimes and spoke of her drug use. She started to sob when she said she suffered the ultimate price with the loss of her daughter. She said she wanted to serve her time and get back to her life.

http://www.mohavedailynews.com/news...cle_110e125e-635d-11e5-ba26-27482a038e5a.html

 

[MsMarple]

Gavin is seeking to allow mitigating evidence including the potential impact of a pending execution on Rector’s family and loved ones. His family’s positive testimony of his character is relevant and mitigating in the penalty phase of the trial, should Rector be convicted.

http://www.mohavedailynews.com/news...cle_10ef1ee4-635d-11e5-9533-b7065d02f5c1.html

 

[MissUnderstood]

Gavin is seeking to allow mitigating evidence including the potential impact of a pending execution on Rector’s family and loved ones. His family’s positive testimony of his character is relevant and mitigating in the penalty phase of the trial, should Rector be convicted.

http://www.mohavedailynews.com/news...cle_10ef1ee4-635d-11e5-9533-b7065d02f5c1.html

Little Isabella's family was not given a chance on how her death would impact them!! This kind of legal right to the person on trial really irks me. I understand from his family's point of view but it just doesn't sit right with me.


MOO!!

 

[MsMarple]

Grogan, sobbing throughout an exclusive interview, said it is painful that many people hold her responsible for her daughter's death. She said someone painted "babykiller" on her house, that she is frequently threatened, and that she has been vilified by news media bloggers and on Facebook hate pages.
...
Grogan's attorney, Brad Rideout, said he has never had a client suffer such ridicule and scorn when similarly situated others are often embraced and afforded sympathy and compassion. He said the Bella case is likely the most heavily investigated homicide in Mohave County history and that Grogan is in no way responsible.

http://www.reviewjournal.com/news/n...-overwhelmed-after-8-year-old-daughters-death

In no way responsible? Um, okay. I get that she didn't directly harm Bella but after reading the CPS reports it's hard to ignore the enivironment Bella and her sister were living in. Sigh.

Tania goes on to say that Rector is the father of her niece's cousin and he had just completed drug rehab. She says he spent two days at her home while he waited for his father to pick him up. That's a little different than what she said last year.

Tania also says she wants to work with an organization that helps parents of child murder victims. Of course she'll have to serve her time in jail first...

And in other news:

Superior Court Judge Lee Jantzen said he has made rough drafts of his rulings on about 11 of the motions and expects to release rulings on those motions possibly by the end of the week. He also did not see the need to hold a hearing on most of the motions that have filed. The judge set Rector’s next status hearing for Dec. 9. Rector’s 10-week murder trial is set to begin Oct. 17, 2016, with a pre-trial hearing set for Aug. 23, 2016.

http://www.mohavedailynews.com/news...cle_2c920d7e-680c-11e5-be97-67f6064fc126.html

 

[MsMarple]

KINGMAN — A Superior Court judge ruled Friday on 10 defense motions filed in the case of a Bullhead City man accused of killing a little girl.
...
Superior Court Judge Lee Jantzen denied one motion filed by Rector’s attorney, Gerald Gavin, to change the trial’s location to another county. The judge ruled that media coverage has not been outrageous and has not created a carnival-like atmosphere.

http://www.mohavedailynews.com/news...cle_5a9caa56-6958-11e5-a6b4-8bad16021622.html
http://www.mohavecourts.com/highprofile/highprofileRector.htm

Other motions denied:

-motion to question prospective jurors away from other prospective jurors.
-motion to insulate the jury by not releasing their personal information.
-motion to ban contact between the judge and the jury after the verdict is read.
-motion to allow Rector access to a laptop computer in his cell at all times to review his case.
-motion to have prosecutor disclose the identity of all informants or “jail house snitches” in the case.
-motion to ban law enforcement officers from wearing their uniforms or displaying their weapons in the courtroom.
-motion to prevent witnesses from attending future court hearings.
The judge also denied Rector’s objections to the death penalty.

Judge granted a motion allowing a delay in Rector’s mental health exam until relevant records can be obtained.

Next status hearing is Dec. 9.
Pre-trial hearing on August 23, 2016.
Rector’s trial is still set to begin Oct. 17, 2016.

 

[Rayemonde]

Bumping for Isabella Grogan-Cannella.

 

[MsMarple]

Deputy Mohave County Attorney Greg McPhillips responded to one defense motion by arguing that the state has disclosed victim impact evidence and is currently collecting additional victim impact evidence to be released soon. The prosecutor said that Rector’s attorneys, Gerald Gavin and Ron Gilleo, are wasting the judge’s time by filing motions instead of asking McPhillips for evidence requests.

McPhillips also asked the judge to deny a defense motion to excuse any juror who cannot consider mitigation evidence during the penalty phase of the trial if Rector is convicted of murder. All parties agree that a juror who refuses to consider mitigation factors or who automatically votes for the death penalty should not sit on a jury. The judge should not be striking jurors 11 months before the trial, the prosecutor argued.

McPhillips also asked the judge to deny a defense motion asking the judge to record his reasons for overruling any objections raised by the defense attorneys during the trial.

http://www.mohavedailynews.com/news...cle_a04afc20-9346-11e5-9320-ab0dbfaf9dae.html
http://www.mohavecourts.com/highprofile/highprofileRector.htm

The judge has denied about 90 percent of the previous defense motions. Defense has filed about 60 motions. I get that this is a death penalty case and therefore the defense is compelled to file any and every motion to protect his client. I really do. The best I can say is that by doing so it eliminates a few of the appeals that will definitely follow a conviction. Doesn't stop me from being pissed though. Whatever happened to the "I'm gonna plead guilty" stuff Rector was spewing? I sure hope his lawyers aren't just looking for a little free PR...

Next status hearing is December 9.

 

[MsMarple]

In a motion filed late Tuesday afternoon, Justin James Rector’s attorneys, Gerald Gavin and Ron Gilleo, asked Superior Court Judge Lee Jantzen to dismiss the possible sentence of death because prosecutors cannot constitutionally impose the death penalty.
...
Gavin included in the defense motion several newspaper articles about botched executions in Arizona, Oklahoma and Florida. When Arizona executed Joseph Wood in July 2014, it took Wood almost two hours to die after being injected 15 times with a combination of experimental drugs. At issue is the use or misuse of those lethal injection drugs.
...
The motion also stated that Arizona has botched several executions and its flawed written procedures is “Joseph Mengele’s inspired scheme of ad-hoc death by any means available,” Gavin argued.

http://www.mohavedailynews.com/news...cle_e1d5f0aa-a3cc-11e5-923c-5b927d904ac8.html

http://www.mohavecourts.com/highprofile/highprofileRector.htm

Next status hearing is set for March 4, 2016. Rector’s murder trial is set to begin Oct. 17, 2016, with a pre-trial hearing set for Aug. 23, 2016.

 

[MsMarple]

Article about Grandma Sue. She adopted the baby Tania had while in jail.

TUSAYAN, Ariz. - Long time Tusayan resident Sue Winchester has a dream. She envisions a home where foster kids can just be kids and can enjoy the bliss of childhood. Where they can be set apart from the worries of adults and decisions beyond their control.
...
After Bella's murder she took Kaylee home with her. She already had custody of Bella's other half sister Alexus. When Winchester adopted Kaylee in January, she also adopted Kaylee's baby brother, 8 month old Gunner Cole. Gunner was born in prison after his mother was arrested on drug charges shortly after Bella's death. Winchester took him home when he was one and half days old. Winchester also has custody of 15 year old Jessica, the daughter of one of Winchester's adopted daughters who passed away and seven year old twin boys Gary and Matthew - the sons of her adopted son. The twins came into Winchester's home a week after baby Gunner came home from the hospital.

http://grandcanyonnews.com/main.asp?SectionID=74&SubSectionID=114&ArticleID=11714

Also, the March 4 hearing has been rescheduled for May 6 at 1:30 pm. There was some sort of conflict with Rector's co-counsel so the judge allowed him to withdraw from the case.

And finally, Rector requested to go see his dying mother in the hospital. The judge denied his request.

http://www.mohavecourts.com/highprofile/Rector/1193-CourtRulingNotice02222016.pdf

 

[skibaboo]

I'm really happy to hear that! Grandma Sue is an angel! :heartbeat:

 

[MsMarple]

Deputy Mohave County Attorney Greg McPhillips issued a subpoena last week to call Detective Brandon Grasse to testify at a May 6 evidentiary hearing. McPhillips only needs to prove one aggravating factor before Superior Court Judge Lee Jantzen to seek the death penalty.

In Arizona, there are 14 aggravating factors that can be used to determine the death penalty. One factor that would be determined is the age of the victim, which Grasse will testify to in this case since Grogan-Cannella was only 8 years old at the time of her murder. A birth certificate could also prove the victim’s age.
...
In Arizona, a jury in a death penalty case determines if a defendant is guilty or innocent of first-degree murder. If the defendant is convicted, the jury then determines if he or she is to be sentenced to death or to life in prison.

http://www.mohavedailynews.com/news...cle_3d7daa5c-f656-11e5-994a-cf79d5173fe7.html

Of the total amount, $330,000 will be needed to cover the cost of two death penalty cases plus additional defense costs. The two death penalty cases alone have cost the county $239,000 so far in the current fiscal year, Loyd added.

Justin James Rector of Bullhead City and Darrell Bryant Ketchner of Kingman are charged in separate cases with first-degree murder and face the death penalty if convicted of that charge. Rector’s trial is set for October, while Ketchner’s trial has not been set.

http://www.mohavedailynews.com/news...cle_69a0b7a4-02dc-11e6-85b1-57d55fb3d8f9.html

I dunno, I'm starting to think that Rector's case doesn't need to be a death penalty case. Not that his crime wasn't heinous, but what I mean is that not only is it costing a lot of extra money for an already financially struggling county, there's not even a guarantee that the jury would find for death if (ha! when!) Rector's convicted.

 

[0101ABA]

A Superior Court judge on Friday postponed an evidentiary hearing to argue whether a Bullhead City man should face the death penalty.

Justin James Rector’s attorney, Gerald Gavin, of Mesa, asked to postpone the Chronis hearing in his client’s murder case because a co-counsel has not been assigned to the case. State law requires two defense attorneys in death penalty cases.

[FONT=Verdana, Arial, Tahoma, Calibri, Geneva, sans-serif](...)
[/FONT]
Gavin also filed a motion to continue the Oct. 17 trial date because there hasn’t been a co-counsel for several months, which is stalling the case. The trial is expected to take 10 weeks. A pre-trial hearing is set for Aug. 23.

[FONT=Verdana, Arial, Tahoma, Calibri, Geneva, sans-serif](...)[/FONT]

Superior Court Judge Lee Jantzen postponed the Chronis hearing to July 15. Rector is being held in county jail without bond. The motion to continue the trial and other motions are expected to be argued at the July 15 hearing

http://www.mohavedailynews.com/news...06c-14f0-11e6-872a-cf1100cb274f.html?mode=jqm

 

[0101ABA]

The murder trial for a Bullhead City man facing the death penalty for allegedly murdering a young girl will likely be postponed until next spring.

(...)

Deputy Mohave County Attorney Greg McPhillips also filed a motion Tuesday not opposing Gavin’s request to postpone the Oct. 17 trial. The murder trial is expected to take 10 weeks. A pre-trial hearing currently set for Aug. 23 is also expected to be delayed. (...)

(...)

A Chronis hearing is also expected at the July 15 hearing. A Chronis hearing is when the prosecutor argues aggravating factors to seek the death penalty against Rector. Only one of 14 aggravated factors needs to be proven to seek the death penalty.

http://www.mohavedailynews.com/news...64c-1cc7-11e6-aae2-cf771e555dea.html?mode=jqm

 

[0101ABA]

A Superior Court judge ruled Friday that factors could be presented to the jury in the trial of a Bullhead City man accused of killing a young girl.

(...)

On the second anniversary of Grogan-Cannella’s death, Deputy Mohave County Attorney Greg McPhillips argued three aggravated factors for a jury to decide whether to sentence Rector to death. One factor is that there were other serious crimes committed during the murder including kidnapping and child abuse.

The other factors include that the murder was cruel and heinous and that the victim was under the age of 15. Only one of 14 aggravating factors needs to be proven to seek the death penalty.

(...)

Jantzen urged that any mental health issues brought up by the defense be resolved in the near future. Jantzen also postponed Rector’s trial to May 1, 2017, and set a status hearing for Nov. 4.

http://www.mohavedailynews.com/news...5f8-7272-11e6-9ec7-7375b1dae9cd.html?mode=jqm

 

[2Hope4]

For gosh sakes! 15 minutes to kill someone (not a fact, just saying!) and YEARS of motions, appeals, etc, saying why the murderer can't be killed! You can't make this stuff up. It's crazy! He admitted he killed little Isabella, shouldn't take but a few minutes to kill him! I'm sick of this process that protects the criminal and yet nothing protected the victim!!!! WHAT ABOUT BELLA??? Who was there to protect her??? Why didn't see get to have motions stating she didn't want to die? Why didn't she get motions saying saying that murder is 'unconstitutional'? Why didn't she get a change of venue? A new environment would have likely meant she'd still be alive!! YET....she's not!

 

[0101ABA]

Detective reveals murdered Bullhead City girl was sexually assaulted

A Bullhead City Police detective in a hearing Friday contradicted a long held – and repeatedly reported – aspect of the now-two-year-old murder of 8-year-old Bella Grogan-Cannella, whose partially clad body was discovered in a shallow grave Sept. 2, 2014.

The initial report from the Mohave County Medical Examiner indicated there was no physical evidence that Grogan-Cannella had been sexually assaulted when her autopsy was conducted, but Detective Brandon Grasse said her hymen was missing and there were hemorrhages in her vaginal wall.

 

[MsMarple]

Detective reveals murdered Bullhead City girl was sexually assaulted

Like we all didn't know. I remember an earlier report about possible sexual assault from November 26, 2014:

https://www.facebook.com/bullheadci...0335272669413/757120350990905/?type=1&theater

The format's a little funky - I'm just glad it's still there. In part:

Tentative findings from a coroner's report on the murder of Isabella "Bella" Grogan-Cannella of Bullhead City, indicate there might have been some sexual assault involved in the murder of the eight year-old girl.

In a telephone interview with county prosecutor Greg McPhillips on the murder trial, he said that the autopsy report showed significant signs of injury to the child's vaginal area.

Commenting on the report, McPhillips said, "It makes some sense, but leaves me a little confused as to how the medical examiner reached the conclusion. In my eyes, there may be more to this report."
...
But, he [McPhillips] added, the report suggests there was hemorrhaging on the vaginal wall of the victim.

"It could have been some injury that she had, an irritation or even an infection children of her age are prone too."

An infection, yeah, right. The only "infection" Bella had is in jail facing the death penalty.

BTW, I wish reporters would stop referring to Ralph's mother as Bella's "grandmother." That's not true.