CA - Anna Hernandez, 14, shot to death, San Diego, 16 Nov 2015 *Arrest*

[Lilibet]

So far, the charge against Nelly/juvenile is "accessory to murder." I posted information earlier that explains that this charge relates to actions after the murder, not before or during (which would be labeled "accomplice"). So it may be that she had nothing to do with killing Anna. She may have been involved in hiding evidence or withholding information afterward, for a variety of reasons that had nothing to do with her feelings about Anna. Time will tell.

I do have a sense from SM that Nelly was closer to Janeth than Anna around this time, especially since LE indicated that they might be together. It's bizarre that Anna was found so close to Nelly's house. My mind goes to all sorts of scenarios, and I could probably make a case that it was to intimidate Nelly into silence. But we just don't know at this point.

 

[Curious Me]

Nelly's father was in the courtroom today, and you can see him entering the court house in the video. Confirmed that Nelly turned 13 yrs. old on Monday. Some birthday, huh.


Video here:
http://www.cbs8.com/story/30652028/accused-teen-appears-in-juvenile-court

 

[coastal]

Nelly's father was in the courtroom today, and you can see him entering the court house in the video. Confirmed that Nelly turned 13 yrs. old on Monday. Some birthday, huh.


Video here:
http://www.cbs8.com/story/30652028/accused-teen-appears-in-juvenile-court

From your linked video (at 1:55):

"Off camera (the 13 yo's family) told CBS News 8 that San Diego police detectives interviewed the 13 yo for hours without an attorney present..."

When will LE learn NOT to do this?! SMH (and my

rolling pin!)

Edited to add: The above quote is from this different video:

http://www.cbs8.com/clip/12046250/hearing-for-girl-accused-in-murder-of-14-year-old

Sorry for any confusion.

 

[CosmicLatte]

From your linked video (at 1:55):

"Off camera (the 13 yo's family) told CBS News 8 that San Diego police detectives interviewed the 13 yo for hours without an attorney present..."

When will LE learn NOT to do this?! SMH (and my

rolling pin!)

Edited to add: The above quote is from this different video:

http://www.cbs8.com/clip/12046250/hearing-for-girl-accused-in-murder-of-14-year-old

Sorry for any confusion.

Ugh! That's really frustrating.

 

[kimi_SFC]

From your linked video (at 1:55):

"Off camera (the 13 yo's family) told CBS News 8 that San Diego police detectives interviewed the 13 yo for hours without an attorney present..."

When will LE learn NOT to do this?! SMH (and my

rolling pin!)

Edited to add: The above quote is from this different video:

http://www.cbs8.com/clip/12046250/hearing-for-girl-accused-in-murder-of-14-year-old

Sorry for any confusion.

To allow an interview without an attorney present leaves me gobsmacked. It begs the question, was an adult (parent/guardian) present during the interrogation (if that's the proper term)?

I absolutely understand the need for a "meticulous" investigation. However, I am concerned about future legal counsel coming in and trying to get whatever she said thrown out in the future. This case has already had enough twists and turns.

Hopefully one of our WS' Legal Eagles will chime in on this. I admit I am

#JusticeForAnna
:rose:


Sent from my iPhone using Tapatalk

 

[coastal]

From your linked video (at 1:55):

"Off camera (the 13 yo's family) told CBS News 8 that San Diego police detectives interviewed the 13 yo for hours without an attorney present..."

When will LE learn NOT to do this?! SMH (and my

rolling pin!)

Edited to add: The above quote is from this different video:

http://www.cbs8.com/clip/12046250/hearing-for-girl-accused-in-murder-of-14-year-old

Sorry for any confusion.

Ugh - I need coffee! Quoting myself to add the Wikipedia link for the murder of Stephanie Crowe:

https://en.wikipedia.org/wiki/Murder_of_Stephanie_Crowe

>>>snip

...(After Stephanie's body was found) All of the Crowe family members were questioned, their clothing was confiscated, and their bodies were examined for injuries. The parents were then put up in a motel, while the two surviving children were taken to the county's shelter for children, and were not allowed to see their parents for two days. During that time police interviewed both children, unbeknownst to their parents. They took Michael Crowe, Stephanie's 14-year-old brother, away to the police station for questioning on several occasions...

...(14 yo brother)Michael Crowe became the police's main suspect for the murder...

...Police interrogated him multiple times without his parents' knowledge and without an attorney present. During the interrogations police falsely informed him that they had found physical evidence implicating him, that he had failed an examination with a so-called "truth verification" device, and that his parents were convinced he had done it. After an intense 6-hour interrogation, he gave a vague confession to killing his sister, providing no details and saying that he couldn't remember doing it. The interview was videotaped by police; at times Michael is heard saying things to the effect of, "I'm only saying this because it's what you want to hear." He was arrested and charged with murdering his sister...

...Police from Escondido and nearby Oceanside also questioned (two of Michael's 15 yo friends: one confessed, one did not, and all three boys were charged with Stephanie's murder and conspiracy to commit murder.)

...All three teenage boys subsequently recanted their statements, claiming coercion.

..A judge ruled that they should be tried as adults. They were incarcerated for six months as prosecutors prepared to try them. However...in January 1999, belated DNA testing found three drops of Stephanie's blood on a shirt belonging to (Schizophrenic drifter Richard) Tuite. Based on the new evidence, the charges against the boys were dismissed without prejudice (which would allow charges to be reinstated against the boys at a later date).

(Tuite was charged, tried, convicted, and sentenced for the voluntary manslaughter of Stephanie Crowe; this conviction was overturned on appeal. Tuite was re-tried, and found not guilty by a jury. Stephanie Crow's murder remains unsolved.)

...The families of all three boys sued the cities of Escondido and Oceanside. The Crowes reached a settlement of $7.25 million in 2011. In 2012, Superior Court Judge Kenneth So made the rare ruling that Michael Crowe, Treadway and Houser were factually innocent of the charges, permanently dismissing the criminal case against them.

...

<<<snip

Color = my comments. Article continues at link.

 

[Lilibet]

From your linked video (at 1:55):

"Off camera (the 13 yo's family) told CBS News 8 that San Diego police detectives interviewed the 13 yo for hours without an attorney present..."

When will LE learn NOT to do this?! SMH (and my

rolling pin!)

Edited to add: The above quote is from this different video:

http://www.cbs8.com/clip/12046250/hearing-for-girl-accused-in-murder-of-14-year-old

Sorry for any confusion.

I really hope that is not true, or is a misunderstanding. Perhaps the interrogation was not 13 hours non-stop, but in small amounts spread out over that time. But maybe I'm naive. I'm not comfortable with the idea of a child being interrogated without an adult advocate of some kind either present or observing. I assume everything was videotaped to prevent the abuses that occurred in the Crowe case.

Although LE is capable of wrongdoing, I also know that there are plenty of people who want to turn LE into the bad guy, even when it isn't warranted. That is certainly the case with some in Nelly's community, based on SM comments. I'm keeping in mind that this 13 hour statement comes from Nelly's family. At this point, I'm going to give LE the benefit of the doubt and not assume the worst.

I don't think it's a repeat of the tragic Crowe case as described above. The fact that she's been charged as an accessory, not an accomplice, tells me that she didn't give a coerced confession to the murder. At the very least, LE could discern without even questioning her that she likely knew something about the murder (the murderers name?) after the fact (accessory) that made her afraid to stay in San Diego. At worst, she was involved in hiding Anna's remains, after the fact (still accessory). Either way, it seems clear that she knew that Daniel Flores was the killer, since his name was publicized after her return and interrogation. Just knowing who did it and not reporting it makes her an accessory AFAIK. If that's all she did, I expect she will go free at some point without a trial.

JMO

 

[cvaldez1975]

I agree the reaction was overboard but it could be simple teen jealousy. it wouldn't be the first time. sad.

What happened to the ole "you're not my friend anymore"? That's fickle, but whoa, Anna is dead found almost in Nelly's backyard which I classify as more than just fickle.

Who is this young girl Nelly? How mentally and street smart is she? I'm considering if somehow Nelly was forced to take part in a plan of revenge by others. Daniel is 19 yrs. old. What's he doing around these 12 and 14 yr. old girls anyways?

 

[mrsobrien]

I don't see any reference to Nelly being questioned for 13 hours. She is 13 years old, she was questioned *for hours*.

 

[coastal]

Sorry if my cut/paste/bold was confusing; the quote should have read "...police detectives interviewed the 13 year old for hours without an attorney present".

I agree with the rest of your post. And, perhaps Nelly did have an advocate present, in the person of her grandfather, who took her to the TJ police. If so, I'm okay with LE asking questions about Anna's murder without an attorney present - up to a point. But. The moment LE suspects she might be criminally involved, she needs a lawyer, just like anyone else. IMO

I lived in Escondido when Stephanie was murdered, so I may be too sensitive to this issue.


Edited to add: This post in response to Lilibet's post #246, above.

 

[Curious Me]

Understandably, a juvenile should have an advocate present. We don't really know how it was handled.

I would hope LE went about questioning Nelly correctly and by the book giving her opportunity to have legal counsel present if she desired.

Her mother was waiting there at the building, and then stayed when her ride left, I think. Of course, it was possibly hard for the mother, not speaking English, to grasp the situation.

Her family might not have thought, but should have known, that she might require an attorney well ahead of time, IMO. They knew Nelly ran away from something and LE wanted to question her, plus they knew Anna's remains were found near their yard. JMO, there was time for her family to consider obtaining legal counsel for her.

On the other hand, her family most likely wanted to believe Nelly had no involvement or knowledge of Anna's death. They probably wanted to believe she was just a confused runaway, and would be coming home after limited questioning.

Heck, I don't know!ullhair: It's okay to tell me to just shut-up. :smile:

I'm most interested to learn how much involvement she had as an accessory to Anna's death, and if she was coerced or perhaps threatened into her role.

 

[Lilibet]

I don't see any reference to Nelly being questioned for 13 hours. She is 13 years old, she was questioned *for hours*.

Sorry if my cut/paste/bold was confusing; the quote should have read "...police detectives interviewed the 13 year old for hours without an attorney present".

I agree with the rest of your post. And, perhaps Nelly did have an advocate present, in the person of her grandfather, who took her to the TJ police. If so, I'm okay with LE asking questions about Anna's murder without an attorney present - up to a point. But. The moment LE suspects she might be criminally involved, she needs a lawyer, just like anyone else. IMO

I lived in Escondido when Stephanie was murdered, so I may be too sensitive to this issue.


Edited to add: This post in response to Lilibet's post #246, above.

My apologies for reading it wrong! :facepalm:

I doubt her grandfather crossed the border at San Ysidro with Nelly. News accounts say that he turned her over to authorities there. Somehow I think he probably lives in Mexico. JMO

I do hope there was someone available to Nelly and that LE dotted their I's and crossed their T's.

 

[CosmicLatte]

An article I found http://www.unimexicali.com/noticias...ada-en-tijuana-y-vinculada-con-homicidio.html

I apologize if my translation is muddly, I'm having a rough night (I think helping with cases might make me feel better).

CHARGES AGAINST THE GIRL FOUND IN TIJUANA WITH HOMICIDE LINK
The district attorney presented charges against the 12-year-old girl found in Tijuana last week who was connected to the death of another minor in San Diego.

The authorities pressed charges against Nelly Tamara Espinoza, but did not reveal what the charges were. The state of California is protecting her due to her age.

Nelly and Anna Hernandez, a 14-year-old girl, both disappeared from San Diego on the 13th of November, and five days later the body of Anna was found wrapped in a blanket.

Since the return of Nelly Tamara on Friday, authorities are looking for 19-year-old Daniel Flores as a suspect.

 

[Lilibet]

An article I found http://www.unimexicali.com/noticias...ada-en-tijuana-y-vinculada-con-homicidio.html

I apologize if my translation is muddly, I'm having a rough night (I think helping with cases might make me feel better).

Thanks so much for your translation. It was very readable. You've been helpful and I hope you feel better. And I love your screen name and avatar.

:tyou:

 

[Lilibet]

After the hearing in juvenile court prosecutor Patrick Espinoza said that it's an active investigation and he was barred from disclosing what happened in the hearing.

We&#8217;re not going to have quick answers,&#8221; he said.
He explained, however, that the purpose of a detention hearing is to determine where the minor will be placed, meaning Juvenile Hall or elsewhere, while the case is pending.

http://www.sandiegouniontribune.com/news/2015/dec/02/juvenile-murder-investigation-court-hearing/

 

[Curious Me]

The next thing that needs to happen is for LE to capture Daniel Flores, and find Janeth Mendoza. LE needs to question them. I cringe thinking of how much time has passed for Daniel to get far away from here.

I believe Nelly has told LE what she knows and how she was made an accessory. Janeth must somehow be involved or know more, even though she went missing long before Anna was murdered. They need to find this Janeth. Definitely, Daniel needs to be captured.

 

[CosmicLatte]

The next thing that needs to happen is for LE to capture Daniel Flores, and find Janeth Mendoza. LE needs to question them. I cringe thinking of how much time has passed for Daniel to get far away from here.

I believe Nelly has told LE what she knows and how she was made an accessory. Janeth must somehow be involved or know more, even though she went missing long before Anna was murdered. They need to find this Janeth. Definitely, Daniel needs to be captured.

There's a photo dated Nov 6, 2015 on Janeth's IG featuring her and Nelly.. Just wanted to mention that.

 

[Lilibet]

There's a photo dated Nov 6, 2015 on Janeth's IG featuring her and Nelly.. Just wanted to mention that.

You're right, and Janeth also posted Nov 11 on Daniel Flores' FB page. So she may have left her home October 28, but wherever she is, she was able to post at least until two days before Anna was murdered.

https://www.facebook.com/photo.php?...00115220.47339.100000863132623&type=3&theater

 

[Curious Me]

There's a photo dated Nov 6, 2015 on Janeth's IG featuring her and Nelly.. Just wanted to mention that.

You're right. I forgot I saved her IG. Couldn't figure out the date on that pic of her and Nelly, so thanks.

Must sit on my hands and tape my lips shut now. :wink:

 

[mrsobrien]

Where are these 2?