Brooke Bennett, 12 years old Randolph VT #21

[Liz]

To add to the confusion, here's a quote from an article titled, Gagnon Indicted On Charges Of Possessing Child Porn

"Raymond Gagnon allegedly had images on a computer federal agents searched for in a local landfill last week."


So, it sounds like RG has been indicted based on his own statement, imo. It sure doesn't sound to me as though any evidence was found in the landfill. But then again, it could just be the wording.

 

[lisalei321]

I'm confused, have both hearings been cancelled? I thought only one of them had?

 

[emanon7]

Snippets from
http://radio.woai.com/script2/print...rticle.html&article_id=3966721&feed_id=119078

"Raymond Gagnon, 40, is charged with possessing a computer which contained child pornography earlier this month, and with transporting child pornography in April 0f 2007. The possession charge could land Gagnon in federal prison for ten years, and the possession charge carries a five year maximum term. (say what ????)

Gagnon admitted in an affadavit that he collected the pornography on the computer."

=======================================================

Can anybody make sense of the possible sentences? Is one for federal (10 yrs) and one for state (5 yr max)?

Also, I'm having a hard time believing that both Gagnon's and Jacques' last court appearance was 7/7 (IIRC) and that's when their 7/17 prelim was scheduled; yet all of a sudden with less than 24 hours until their prelimary hearing time, both lawyers have scheduling conflicts. That doesn't add up for me.

Liz, according to this press release by the Texas US Attorney's office, it's 10 years on possession and 5 years on the transportation...both federal charges.

"Upon conviction, Gagnon faces up to ten years in federal prison and a maximum $500,000 fine on the possession charge and up to five years in federal prison and a maximum $250,000 fine on the transportation charge."

http://www.usdoj.gov/usao/txw/press_releases/2008/Gagnon_indictment.pdf

I am curious to know if "transportation" includes electronic transmission or if it has to be physical transportation. Seems like it would be hard to prove someone physically transported something after the fact. How would they know you had it on your person unless they actually caught you with it.

 

[texas48]

According to their motion, they have to be in another court. This is easy for the judge to verify, so I doubt that they are fudging. With the threat of the death penalty, finding a "death qualified" defense attorney in VT is probably a challenge, so it isn't like they can just look up another guy in the phone book.

I'm certain the attorney is telling the truth about the conflict w/court dates...but....did he just realize yesterday there was 2 court dates scheduled for same day? Also, with this case being such a high profile case why would they not postpone the other case and go forward with this one?

 

[Elley Mae]

I'm certain the attorney is telling the truth about the conflict w/court dates...but....did he just realize yesterday there was 2 court dates scheduled for same day? Also, with this case being such a high profile case why would they not postpone the other case and go forward with this one?

That's what I don't understand,it seems that when this date was decided he would have realized he had previous engagements.

 

[Hailiejade77]

That is the way I have posted since I have been here.

I will not do it any longer. I did not know that you felt this way.

Sorry if I have offended anyone with my writing style.

My heart truly hurt when I read that post.

I love how you post and I miss your posts very much!!!! Please come back DS! I can say that I think almost all of the posters miss your valued opinions and knowledge!!!!! :blowkiss:

 

[bdmama]

VT does NOT have the DP. The federal Kidnapping charge w/ death resulting can impose the DP. I dont think it has anything to do w/ crossing state lines as Brooke never left the state. It has to do w/ the fact that the internet was used to orchestrate the kidnapping.

 

[Elley Mae]

Just a thought: doe's anyone think that MJ,knowing that he is at least going to spend some time in jail ,is implicating others that were involved in her death.I'm still having trouble with AR's story that she and Juv2 left. It was just to convenient that Juv2 arrived to pick her up,something is not right.

 

[becca]

Just a thought: doe's anyone think that MJ,knowing that he is at least going to spend some time in jail ,is implicating others that were involved in her death.I'm still having trouble with AR's story that she and Juv2 left. It was just to convenient that Juv2 arrived to pick her up,something is not right.

It wouldn't surprise me if he tried to throw her and the boy under the bus. This is a that will do and say anything to save himself.

 

[LI_Mom]

I sure as hell hope they're not making a deal with him. Unless he's able to pin the murder on someone else, what info could he have that would trump a murder conviction?

If they can get him to plead guilty to Brooke's murder, it would probably be better for EVERYONE.... her family & even the state.

If they try him for the murder, AR will most likely be called to testify & reveal exactly what HER own part was in the planning to kidnap & torture Brooke. And exactly what SHE did those 2 days she was with Brooke.

 

[LI_Mom]

http://www.foxnews.com/story/0,2933,376383,00.html

From above article:


Brooke's Death

Without autopsy results, authorities won't comment on what caused Brooke's death. It thus remains unknown what happened between June 25, when Jacques allegedly took her to his house, and when her body was moved to a shallow grave along a dirt road about a mile away. The body was found Wednesday.



Authorities expressed doubt that state murder charges would be filed anytime soon, saying that the federal prosecution for kidnapping with death resulting might suffice.

Does this mean there could be no murder charges??

Autopsy results aren't in yet.

The authorities will NOT speculate.

So the author of the article doesn't know what happened to Brooke & has nothing new to report.

---

If the Federal govt. charges MJ with murder, there is no need for the state to charge him. The Federal govt. CAN sentence him to death on the charges, unlike the state.

 

[texas48]

I sure as hell hope they're not making a deal with him. Unless he's able to pin the murder on someone else, what info could he have that would trump a murder conviction?

Laws may be different in each state. I am woundering if the Pros. Office has to discuss with the family of the victim before they make a deal w/defendants even to taking the dealth penalty off the table. And, I may have missed something but have LE/FBI charged anyone with murder? Questions,Questions and more Questions..Very few answers as of right now. Maybe soon. Of course, nothing brings a little 12 yr old girl back to live out her life as it should be. Cut way to short in a horrific manner.

 

[Starr58]

http://www.wcax.com/Global/story.asp?S=8615806

 

[Medea]

I don't see Jacques pleading guilty and I don't see that he has anything much to give up in order to get the Feds to take the DP off the table. AR is not going to be prosecuted no matter what her involvement was in Brooke's death, in my opinion. They're going to have a hard time prosecuting Juvenile 2 and not AR, if either one of them had anything to do with Brooke's death....so,that leaves Jacques. I don't think he has any significant information on any child porn ring to offer up to the Feds as an inducement to take the DP off the table.

I would love to know what Juvenile 2 has to say about the whole thing and what occured subsequent to the Cumberland Farms video and Brooke's body being found...but I doubt that will come out until the trial or shortly before the trial.

I also think people should be prepared for this cae to take YEARS to come to trial...although the Feds usually move more quickly than state courts, this is going to be a DP case and its under a new law, so the anti DP lawyers will delay and appeal this to the end of time if they can.

 

[Elley Mae]

Maybe this was brought up before and I missed it,but why would Gagnon have used his landlords laptop to change the dates on Brooke's Myspace and not his own. And I still think MJ wanted he and Brooke to be videoed in the store that morning of the 25th,(can still see her looking uncomfortable) so he would be seen departing ways with her. After that he had about 11 hours before she was reported missing. That's a lot of time.

 

[absolut_alexis]

It seems like Jacques was trying to convince Juvinile 2 that Brooke was threatening her parents marriage. Lots of mind games going on.

 

[Medea]

Maybe this was brought up before and I missed it,but why would Gagnon have used his landlords laptop to change the dates on Brooke's Myspace and not his own. And I still think MJ wanted he and Brooke to be videoed in the store that morning of the 25th,(can still see her looking uncomfortable) so he would be seen departing ways with her. After that he had about 11 hours before she was reported missing. That's a lot of time.

No question he took her to Cumberland Farms to be videotaped...he even spoke to the cashier about Brooke to make sure he was seen and heard and to further bulk up his alibi/false story of Brooke meeting someone for the hospital trip.

Are we sure it wasn't Gagnon's laptop since he lived at the same address as Kevin?

You're right 11 hours is a long time, but I still don't think he intended to kill her right away, but maybe he did. In the back of my mind I wonder if he didn't have some bunker somewhere that he was planning on holding her hostage for weeks/months until he finally killed her....I tend to think his plan involved Brooke staying alive for a lot longer and her body never being found...but that doesn't explain what he wanted Juvenile 2's semen for...still so many unanswered questions as to why he set it all in motion and what his actual plan was...

 

[Elley Mae]

I believe it was Gagnon's affidavit that stated it was landlords laptop,can't remember his name.Speaking of Gagnon,he also said he was with MJ and Juv1 June 2007 at a house in South Royalton, Was it not posted earlier that MJ's grandfather or Denise's and or Cassandra's Grandmother lived there,and was it ever found out that they did or did not live together at 1816?

 

[LI_Mom]

I don't see Jacques pleading guilty and I don't see that he has anything much to give up in order to get the Feds to take the DP off the table. AR is not going to be prosecuted no matter what her involvement was in Brooke's death, in my opinion. They're going to have a hard time prosecuting Juvenile 2 and not AR, if either one of them had anything to do with Brooke's death....so,that leaves Jacques. I don't think he has any significant information on any child porn ring to offer up to the Feds as an inducement to take the DP off the table.

I would love to know what Juvenile 2 has to say about the whole thing and what occured subsequent to the Cumberland Farms video and Brooke's body being found...but I doubt that will come out until the trial or shortly before the trial.

I also think people should be prepared for this cae to take YEARS to come to trial...although the Feds usually move more quickly than state courts, this is going to be a DP case and its under a new law, so the anti DP lawyers will delay and appeal this to the end of time if they can.

I'm just wondering if psychiatrists/lawyers for AR's defense might approach the Feds and ask that they push MJ to plead guilty to AVOID having to call AR to the stand.

It's NOT out of the realm of possibility that MJ might have enough feeling/remorse for AR that he would do this one little thing for her.

The FEDs #1 priority most likely is following the CP trail & if they can get his total cooperation on that end, they might be willing to make a deal & stick him in jail for life. Remember, it's NOT 100% certain that a jury will even come back with a guilty verdict if he goes to trial.

Of course, all this is speculation.... we don't know the full scope of the plotting OR what went on once they got Brooke back to the house. There MIGHT be more than one person involved in her torture & murder. If so, do they just sweep all that under the rug? How can they????

I also think we're going to see that RG gets a disgustingly short sentence because I doubt he had anything directly to do w/ Brooke's kidnapping or murder. Unless MJ sent him pics or videos of Brooke even before she was reported missing, it seems he was called only AFTER the heat was on.

 

[Medea]

I'm just wondering if psychiatrists/lawyers for AR's defense might approach the Feds and ask that they push MJ to plead guilty to AVOID having to call AR to the stand.

It's NOT out of the realm of possibility that MJ might have enough feeling/remorse for AR that he would do this one little thing for her.

The FEDs #1 priority most likely is following the CP trail & if they can get his total cooperation on that end, they might be willing to make a deal & stick him in jail for life. Remember, it's NOT 100% certain that a jury will even come back with a guilty verdict if he goes to trial.

Of course, all this is speculation.... we don't know the full scope of the plotting OR what went on once they got Brooke back to the house. There MIGHT be more than one person involved in her torture & murder. If so, do they just sweep all that under the rug? How can they????

I also think we're going to see that RG gets a disgustingly short sentence because I doubt he had anything directly to do w/ Brooke's kidnapping or murder. Unless MJ sent him pics or videos of Brooke even before she was reported missing, it seems he was called only AFTER the heat was on.

I think that AR will be given full immunity, assuming she needs it for whatever he role was in Brooke's death, assuming she had one. However, its my opinion that the affidavidt w/ AR's emails was released for a purpose, which was to make public her admitted role in Brooke's abduction...this could be for several reasons, including putting pressure that she gets some kind of help or preventing her from fully abdicating any responsibility. So far nothing negative about Juvenile 2 has come out, but that doesn't necessarily mean he had no knowledge.

I believe they charged Jacques with kidnapping because they want him to get the DP and for no other reason. He could easily plead guilty in return for LWOP charged by the state. The Feds conviction percentages are amazingly high, though it does vary by district. Given what is already known publicly about Jacques I would say we are already at about a 97% chance for conviction...I just don't see any deals coming for Jacques.

They're putting the full squeeze on Gagnon, charging him w/child porn possesion in 3 different states...not sure about consecutive vs. concurrent sentences would work in a case like this. I'm on the fence w/Gagnon...I don't need to see him in jail for 30 or 40 years until I see evidence of what he knew about Brooke and when.

I read the Texas charges that they found his laptop in the searches...otherwise not sure what concrete evidence they would have for his possession of child porn since an uncorroborated statement I don't think is enough...but maybe it is for probable cause. I still don't see anyone else other than maybe Kevin being charged in relation to the child porn...so far Gagnon is also ONLY charged w/possession nothing about distribution....