GUILTY CA - Erin Corwin, 19, pregnant, Twentynine Palms, 28 June 2014 - #9

[BRRI]

Actually it looks like California is a "partial" state when it comes to unborn babies. They need to be 7 to 8 weeks along.

California: California Penal Code § 187(a) says, “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” The words “or a fetus” were added by the legislature in 1970. The California Supreme Court later interpreted “fetus” to apply “beyond the embryonic stage of seven to eight weeks.” (People v. Davis, 1994) In addition, Penal Code § 190.2(3) makes a defendant eligible for capital punishment if convicted of more than one murder, and the California Supreme Court ruled that fetal homicide is included under this provision as well (People v. Dennis, 1998).

http://www.nrlc.org/federal/unbornvictims/statehomicidelaws092302/

 

[BRRI]

That's what I was thinking....even though it's been handled so far by San Bernardino County. Another thing, he was on active duty at the time of the murder. That throws another kink into everything, doesn't it?

Yup. I would be surprised if it's not heard in military court. This would allow them to dishonorably discharge him too.

 

[BRRI]

That would apply if he's charged with a federal crime.

State laws differ widely. I don't know what California statutes say.

I think it would be federal. It was committed on federal land.

 

[Dmacky]

If the autopsy confirms that EC was indeed pregnant, Can CL then be charged with two counts of murder?

Yes, that's what happened with Laci and Conner Peterson :rose: :rose:


http://en.m.wikipedia.org/wiki/Unborn_Victims_of_Violence_Act

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The difference in SP's case is that baby Conner was 7 months old. I was just wondering if the fetus has to be a certain amount of weeks before it is considered fetal homicide? I just don't know if laws apply to the earliest stage of development

 

[pinkie60]

I'm really glad she's been found to give the family and friends some peace of mind but what an awful loss.
The sheriff said she was found in a very remote location that was very rocky & difficult to get to even with a 4 wheel drive. He took her there to dispose of her. It just makes me sick. Then LE said they traced the location of her body through cell phone records. He must have called someone from that area. Gees maybe he called his wife. By killing her he just traded one problem for another one, only this one is much worse and there won't be anything he can do about it.

 

[Fairy1]

I wonder if the supposed motive - that Erin was possibly pregnant with CL's baby - would come into play here. It's so ironic to me that he murdered someone who was possibly pregnant with his child in order to ensure he wouldn't lose the child he already has.

 

[Dmacky]

The difference in SP's case is that baby Conner was 7 months old. I was just wondering if the fetus has to be a certain amount of weeks before it is considered fetal homicide? I just don't know if laws apply to the earliest stage of development

Sorry, I didn't realize you guys have already asked this....you all move so fast!

 

[Seajay]

If he is tried in a civil/California State court, he could get out on good behavior, if he's tried in a Federal or Military Court, he probably won't be. This guy is up for grabs, he can be tried by the military for being active military at the time of the crime, by the County/State for the crime being committed off base, or by the Feds for committing the crime on Federal Land.

 

[BatWoman]

I'm so glad she was found, I had no doubt about the circumstances in which she'd be found I think LE (and volunteers) have shown great persistence and professionalism. I think there were reasons for what they did and it paid off in the end. RIP Erin & bub.

I think the announcement regarding the pregnancy will be important as it could result in the upgrading of charges against CL.

 

[77DarkHorse7]

It needs to be considered a "special circumstance". I don't think it will qualify.

2. Types of special circumstances murder /
capital murder

2.1. Murder carried out for financial gain

2.2. Prior murder conviction

2.3. Multiple murder convictions

2.4. Murder by bomb or destructive device

2.5. Preventing arrest or escaping

2.6. Murder of a police officer, federal agent, or firefighter

2.7. Murder of a witness

2.8. Murder of a prosecutor, judge, government official,
or juror

2.9. Lying in wait

2.10. Murder because of race, religion, or nationality

2.11. Murder in commission of a felony

2.12. Murder involving torture

2.13. Murder by poison

2.14. Drive-by shootings

2.15. Murder by a street gang member


http://www.shouselaw.com/special-circumstances-murder-california.html

Are you kidding? There's like five of them in there. Financial gain(divorce), multiple murder(unborn child), preventing arrest(allowed for discharge from army before adultery charges could be laid), Killing a witness(adultery), Lying in Wait(lured her to her death), commission of a felony(unborn child died during the commission of the felonious murder of it's mother).

 

[pinkie60]

I'm really glad she's been found to give the family and friends some peace of mind but what an awful loss.
The sheriff said she was found in a very remote location that was very rocky & difficult to get to even with a 4 wheel drive. He took her there to dispose of her. It just makes me sick. Then LE said they traced the location of her body through cell phone records. He must have called someone from that area. Gees maybe he called his wife. By killing her he just traded one problem for another one, only this one is much worse and there won't be anything he can do about it.

 

[cluciano63]

I wonder if the supposed motive - that Erin was possibly pregnant with CL's baby - would come into play here. It's so ironic to me that he murdered someone who was possibly pregnant with his child in order to ensure he wouldn't lose the child he already has.

I still think real motive was money...afraid to be tied down to child support for Erin's baby and also risk having to pay for his child, if they divorced.

 

[msthinksalot]

I just saw the news that Erin's been found AND an arrest has been made! I'm so sorry that this happened to her, but am glad that she has been found and will be able to come home to her family. She was so young, and had so much yet to do with her life. Like all of the victims in these pages, she didn't deserve what happened to her. I hope this helps start the healing process for everyone who loved her.

RIP, Erin.

 

[Unsolved]

I want to give a big shout out to EC's Tennessee friend who gave the authorities all the info she knew about the affair/celebration/hunting trip.

Just thinking of how much help that had to have been to LE...this is for you, you've been a great friend to Erin. :applause:

 

[cluciano63]

I feel LE has enough for a conviction in any court. Also there may be many more texts...or even one telling her friend that he arrived to pick her up, for all we know. Maybe it was an on-going chat that morning.

 

[Seajay]

I still think real motive was money...afraid to be tied down to child support for Erin's baby and also risk having to pay for his child, if they divorced.

I'm thinking Lee sold her a bill of goods, made her think they were going to have a life together and raise their baby together. Why else would she think he'd be happy about the pregnancy that they'd go for a "special day together" and "celebrate her pregnancy?" Because if he had made it clear that he was going to stay with his wife and child with his wife, she would have realized he had nothing to celebrate.

 

[phantomthought]

I'm really glad she's been found to give the family and friends some peace of mind but what an awful loss.
The sheriff said she was found in a very remote location that was very rocky & difficult to get to even with a 4 wheel drive. He took her there to dispose of her. It just makes me sick. Then LE said they traced the location of her body through cell phone records. He must have called someone from that area. Gees maybe he called his wife. By killing her he just traded one problem for another one, only this one is much worse and there won't be anything he can do about it.

A thank you to the cell phone company and its employees who did the work and incurred the expense of triangulating the cell phone signals that led to her being found.This is one month I will not mind paying my cell phone bill.Also with most phones today you do not have to make a call for the company to be able to track the phone.

 

[Voice4theSilent]

Yes! This was almost Mission Impossible!! Over 100 mines and hundreds of square miles of desert and lakes and stuff. A proverbial needle in a haystack. They can find Susan Cox, Susan Powell, April whatshername and many of the missing that have never been heard from again. There is always hope Linas, there is always hope.

There are estimated to be close to 50,000 abandoned mine openings in the state of California with THOUSANDS of those located within a two hour drive of the USMC base in Twentynine Palms and at least 1,000 within JTNP and the immediate surrounding area in which Erin was located. "Mission Impossible" would have been an understatement if it weren't for solid law enforcement work and the unrelenting dedication of all of the men and women who searched for Erin either in the desert, in those mines, or in the trail of electronic information. There definitely is hope for the others!

 

[shadetree44]

Mrs G, Did you appointment go well? Dealing with things myself and was just wondering. Hope all went OK.

 

[la2cabo]

That's what I was thinking....even though it's been handled so far by San Bernardino County. Another thing, he was on active duty at the time of the murder. That throws another kink into everything, doesn't it?

BBM: I was wondering the same thing. How will this affect his "honorable" discharge? Will it be changed to dishonorable? I certainly hope so. I don't think either he nor his wife deserve any federal benefits, regardless of his past service. I'm embarrassed that he even served our country.