GUILTY CA - Erin Corwin, 19, pregnant, Twentynine Palms, 28 June 2014 - #11

[klily444]

Very interesting:
"....the records you are requesting relating to cause of death are likely to include a description of the injuries or artifacts of the death known only to the killer(s) and accomplices."

http://ftpcontent.worldnow.com/kfmb/misc/corwin_autopsy_denial.pdf

BBM

 

[77DarkHorse7]

Very interesting:
"....the records you are requesting relating to cause of death are likely to include a description of the injuries or artifacts of the death known only to the killer(s) and accomplices."

http://ftpcontent.worldnow.com/kfmb/misc/corwin_autopsy_denial.pdf

BBM

Careful where you take that line of inquiry. It could be a modified boilerplate form letter.

 

[Knox]

But several readers have questioned who actually has jurisdiction in the case because of a couple of complicating factors: Corwin's body was found in a mine shaft on federal land owned by the Bureau of Land Management and, if Corwin was killed shortly after her disappearance the crime would have been committed while Lee was still an active duty Marine. He didn't receive his honorable discharge until July 7.
So can Lee be prosecuted by the federal government because 1. the body was found on BLM land or, 2. Because he was active duty at the time of the crime?

On Friday, I spoke with Rebecca Lonergan, a professor at the USC School of Law and a former state and federal criminal prosecutor. She answered both questions and, it turns out, the answers are closely related.
Read on to find out why Longergan thinks neither the federal government nor the Marines will fight for the chance to bring charges against Lee.

Desert Sun: Could the federal government prosecute this murder case since Erin Corwin's body was found on federal land and Lee was still a Marine at the time of the crime?

Rebecca Lonergan: What you have here is what we call concurrent jurisdiction. It could go stateside, federal or court martial. It's rare, though, that the government would jump in to prosecute. Since (Christopher Lee) had been discharged before the body was found, it's not usually military.

The military does have the ability to involuntarily reinstate him and court-martial him. They can't court martial him as a civilian now. It's rare, but reinstatement has happened. It's got to be something where the military really wants jurisdiction.

But they won't, and here's why. The Marines don't prosecute a lot of murders. It's not commonplace. DAs offices, however, do frequently prosecute murders so they are probably better at it. I'm not putting down the JAG (Judge Advocate General) in any way. They're not going to have a jurisdiction battle when it's not something that they commonly do.

In this instance, it's really a domestic issue – it's a love triangle – and this is something district attorneys knows about it. This is not something the military knows about.

As for federal and the Bureau of Land Management, I was a federal prosecutor for several years in the U.S. attorney's office in Los Angeles and it was really rare. It's really about where the expertise lies. Every DA's office prosecutes several murders a month. I'm not in any way putting down any of the other agencies. They'd leave it to them.

When you've got three prosecuting agencies, two will step aside to let the expert go to work.

http://www.desertsun.com/story/news...-legal-questions-erin-corwin-murder/14464983/

 

[Fairy1]

IMO, I don't really think we need to worry about motive or COD. The fact that they actually found Erin and the arrest on the potato gun charge should be enough for us to know LE has all they need to prosecute this case. Seems to me CL was just smart enough to turn off Erin's phone, but not his own. Hmmmm...wonder why? I'm not one bit worried.

 

[SweetyBee]

But several readers have questioned who actually has jurisdiction in the case because of a couple of complicating factors: Corwin's body was found in a mine shaft on federal land owned by the Bureau of Land Management and, if Corwin was killed shortly after her disappearance the crime would have been committed while Lee was still an active duty Marine. He didn't receive his honorable discharge until July 7.
So can Lee be prosecuted by the federal government because 1. the body was found on BLM land or, 2. Because he was active duty at the time of the crime?

On Friday, I spoke with Rebecca Lonergan, a professor at the USC School of Law and a former state and federal criminal prosecutor. She answered both questions and, it turns out, the answers are closely related.
Read on to find out why Longergan thinks neither the federal government nor the Marines will fight for the chance to bring charges against Lee.

Desert Sun: Could the federal government prosecute this murder case since Erin Corwin's body was found on federal land and Lee was still a Marine at the time of the crime?

Rebecca Lonergan: What you have here is what we call concurrent jurisdiction. It could go stateside, federal or court martial. It's rare, though, that the government would jump in to prosecute. Since (Christopher Lee) had been discharged before the body was found, it's not usually military.

The military does have the ability to involuntarily reinstate him and court-martial him. They can't court martial him as a civilian now. It's rare, but reinstatement has happened. It's got to be something where the military really wants jurisdiction.

But they won't, and here's why. The Marines don't prosecute a lot of murders. It's not commonplace. DAs offices, however, do frequently prosecute murders so they are probably better at it. I'm not putting down the JAG (Judge Advocate General) in any way. They're not going to have a jurisdiction battle when it's not something that they commonly do.

In this instance, it's really a domestic issue – it's a love triangle – and this is something district attorneys knows about it. This is not something the military knows about.

As for federal and the Bureau of Land Management, I was a federal prosecutor for several years in the U.S. attorney's office in Los Angeles and it was really rare. It's really about where the expertise lies. Every DA's office prosecutes several murders a month. I'm not in any way putting down any of the other agencies. They'd leave it to them.

When you've got three prosecuting agencies, two will step aside to let the expert go to work.

http://www.desertsun.com/story/news...-legal-questions-erin-corwin-murder/14464983/

Great article! She said it well. The military can prosecute, but most likely would only do so if San Bernardino and all others declined prosecution. That is highly unlikely to happen. They have prosecuted murders (and been successful) but like Rebecca said, they will let the civilians do it. It was their case all along. Could CL be prosecuted by both? Sure, but that would be unlikely, especially if he was convicted for first degree murder by the civilian court. It's not double jeopardy because being a military member, you agree to be governed by UCMJ law (which is different than civilian law, which, in addition, you are still obligated to uphold). With a 1st degree murder conviction in civilian court, it is almost "overkill" to prosecute under UCMJ too. The subject already got death or LWOP, that's probably not going to be a different outcome in a Court Martial. You only have one life so the punishment is only going to be served in one place or the other, not both.

 

[Knox]

Great article! She said it well. The military can prosecute, but most likely would only do so if San Bernardino and all others declined prosecution. That is highly unlikely to happen. They have prosecuted murders (and been successful) but like Rebecca said, they will let the civilians do it. It was their case all along. Could CL be prosecuted by both? Sure, but that would be unlikely, especially if he was convicted for first degree murder by the civilian court. It's not double jeopardy because being a military member, you agree to be governed by UCMJ law (which is different than civilian law, which, in addition, you are still obligated to uphold). With a 1st degree murder conviction in civilian court, it is almost "overkill" to prosecute under UCMJ too. The subject already got death or LWOP, that's probably not going to be a different outcome in a Court Martial. You only have one life so the punishment is only going to be served in one place or the other, not both.

Hi SB : )

I noted your response upstream to the question of filing an additional murder charge, and the age you believed the baby had to be to qualify. Please see below.

In addition to a murder charge for the death of the mother, a murder charge can be filed for an unborn child of just four to six weeks development, Ramos said.
http://www.usatoday.com/story/news/nation/2014/08/21/murder-charges-marine-wife/14376077/

 

[rosesfromangels]

As I said upthread, it's my opinion only, that we will see at least one more and possibly two more arrests in this case in the very near future.
Stay tuned....

 

[Meemaw12]

http://m.kesq.com/news/corwin-murder-suspect-pleads-not-guilty/27735166

Video of hearing

 

[nikb]

But several readers have questioned who actually has jurisdiction in the case because of a couple of complicating factors: Corwin's body was found in a mine shaft on federal land owned by the Bureau of Land Management and, if Corwin was killed shortly after her disappearance the crime would have been committed while Lee was still an active duty Marine. He didn't receive his honorable discharge until July 7.
So can Lee be prosecuted by the federal government because 1. the body was found on BLM land or, 2. Because he was active duty at the time of the crime?

On Friday, I spoke with Rebecca Lonergan, a professor at the USC School of Law and a former state and federal criminal prosecutor. She answered both questions and, it turns out, the answers are closely related.
Read on to find out why Longergan thinks neither the federal government nor the Marines will fight for the chance to bring charges against Lee.

Desert Sun: Could the federal government prosecute this murder case since Erin Corwin's body was found on federal land and Lee was still a Marine at the time of the crime?

Rebecca Lonergan: What you have here is what we call concurrent jurisdiction. It could go stateside, federal or court martial. It's rare, though, that the government would jump in to prosecute. Since (Christopher Lee) had been discharged before the body was found, it's not usually military.

The military does have the ability to involuntarily reinstate him and court-martial him. They can't court martial him as a civilian now. It's rare, but reinstatement has happened. It's got to be something where the military really wants jurisdiction.

But they won't, and here's why. The Marines don't prosecute a lot of murders. It's not commonplace. DAs offices, however, do frequently prosecute murders so they are probably better at it. I'm not putting down the JAG (Judge Advocate General) in any way. They're not going to have a jurisdiction battle when it's not something that they commonly do.

In this instance, it's really a domestic issue – it's a love triangle – and this is something district attorneys knows about it. This is not something the military knows about.

As for federal and the Bureau of Land Management, I was a federal prosecutor for several years in the U.S. attorney's office in Los Angeles and it was really rare. It's really about where the expertise lies. Every DA's office prosecutes several murders a month. I'm not in any way putting down any of the other agencies. They'd leave it to them.

When you've got three prosecuting agencies, two will step aside to let the expert go to work.

http://www.desertsun.com/story/news...-legal-questions-erin-corwin-murder/14464983/

Thank you so much for the great info. My knowledge of military court and consequences are admittedly limited to what I've read on internet searches, here, and the very (very!) little bit that my husband's friend in the Army was willing to share, but from all of those sources I've gotten the impression that since CL's no longer in the military - at least not active duty - they're more likely to distance themselves than they are to become involved. I feel like JAG/military might pursue it if state and federal courts both fail, but I also get the feeling they'd rather have nothing to do with it. Can't say I blame them.

 

[nikb]

Hi SB : )

I noted your response upstream to the question of filing an additional murder charge, and the age you believed the baby had to be to qualify. Please see below.

Ok I really don't want to get into a whole pro-choice/pro-life abortion debate, and I realize it may not be possible to discuss this without going 'there' - in which case I'll just drop it - but how do you charge one person for murder of a (for example) 6 week old fetus and yet not charge another (a doctor performing an abortion) for the same thing? When the baby's at 7 or 8 months and could live outside the womb, has a nursery, maybe even a name, etc. I understand it but when it's only a few weeks, barely confirmed (if at all, depends on which rumors you believe), and not even everyone knows she's pregnant yet? Can it be considered murder solely because she wanted the baby?

 

[2Hope4]

I would imagine that by now prosecutors also have the text messages sent to and from Erin. It would be more than a he said/she said if those messages show the contact between Erin, and Chris. Their planning for that day, any discussion of a pregnancy, the affair, etc. Should have have any contact between Nichole, and Chris, and if any between anyone else.

I have a feeling there's going to be some shocking info coming out before it's over.

 

[2Hope4]

nikb... in a nutshell, yes it's up to the woman whether she wants to end or not. If someone ends a pregnancy against her wishes/desires, then that's murder.

 

[77DarkHorse7]

ITA! IMO officers are careful and deliberate with the words they use when seeking warrants. Moreover, they take notes during interviews (if not recordings). On page 11 of the document it says "Nicole told [IM] that without a body the detectives did not have a case against them and the detectives would never find the body." (emphasis mine) On page 12 it says "Lee and Nicole are being detained on the belief they were about to conceal and/or destroy evidence that may lead to the location where Erin is hidden".

https://www.documentcloud.org/documents/1225468-1765-001.html

It sounds like LE believed Nichole was involved (after the fact, at least). I'm surprised she wasn't arrested.

BBM

What does this mean, everyone? I think about? Italian?

 

[possumheart]

BBM

What does this mean, everyone? I think about? Italian?

I totally agree?

 

[jojo87]

Ok I really don't want to get into a whole pro-choice/pro-life abortion debate, and I realize it may not be possible to discuss this without going 'there' - in which case I'll just drop it - but how do you charge one person for murder of a (for example) 6 week old fetus and yet not charge another (a doctor performing an abortion) for the same thing? When the baby's at 7 or 8 months and could live outside the womb, has a nursery, maybe even a name, etc. I understand it but when it's only a few weeks, barely confirmed (if at all, depends on which rumors you believe), and not even everyone knows she's pregnant yet? Can it be considered murder solely because she wanted the baby?

Kind of the same thought only different. If a woman who is between 1 and 3 months pregnant is assaulted and has a miscarriage as a result, what would the charges be. Would it be murder?

 

[Dmacky]

Anyway, motive does not need to be proven, and I think LE has enough either way. They did not need to arrest him when Erin was found...sometimes an arrest comes much later, even with a POI all along, in facts lot of times. But they were ready with their evidence, Imo. And whether or not they can "prove" motive, I think it will be made clear in court what happened and why.

BBM ~

They didn't want to take a chance on CL fleeing... Since he was in Alaska, he could "see Russia from his house" :giggle:

 

[Teche]

I understand pro-bono for notoriety, but wasn't he "hired" right after the potato launcher charges.

 

[Dmacky]

I understand pro-bono for notoriety, but wasn't he "hired" right after the potato launcher charges.

I agree. The only thing I can think of is since LE had already served a search warrant on his house and the horse ranch were he was staying, maybe he realized he needed to get a good attorney.

 

[Inthedetails]

I've been catching up with the case over the past couple of days. What has been his alibi? What can his possible defense be?

 

[IHAVENOCLUE]

Soo... If I read the article correctly... NL did NOT attend CL's first hearing back in CA?

:waitasec:

Is she still in AK?

or... ???