Deceased/Not Found CA - Heidi Planck, 39, left son’s football game in Downey, dog found in Los Angeles, 17 Oct 2021 #5

[CarolAnn]

A new podcast episode was released today about Heidi Planck. Dateline Missing in America.

Welcome to Websleuths, OhPinot and thank you for the heads up.

Here's the link
edited for correct link

 

[JnRyan]

A new podcast episode was released today about Heidi Planck. Dateline Missing in America.

Outstanding! We've gone fairly quiet here and nothing from the media or LE. Another case where there is video and it apparently doesn't lead to an arrest. Maybe this podcase will help.

 

[SteveP]

This Dateline Missing in America podcast about Heidi was hosted by Dateline's Josh Mankiewicz, who interviewed Heidi's ex, JW and Heidi's friend, Natalie...not a lot new except LAPD is now pretty much confirming they believe that Heidi was at a gathering with a lot of people at H+F and overdosed on something, had a medical event and died, and was thrown in the trash chute. Some vindication for the YouTubers who caught so much flack with the story that was reported in The Sun, as it seems to line up completely with what LAPD now believe. Sadly, it seems that with all that they believe they know, unless and until they may ever find Heidi's remains, I do not believe this case will ever move forward. It's now been more than 9 months. Far too long for any responsible for this to remain free. JMO

ttps://dateline-missing-in-america.simplecast.com/episodes/missing-heidi-planck-059Y1CY3

 

[Spartygirl]

This Dateline Missing in America podcast about Heidi was hosted by Dateline's Josh Mankiewicz, who interviewed Heidi's ex, JW and Heidi's friend, Natalie...not a lot new except LAPD is now pretty much confirming they believe that Heidi was at a gathering with a lot of people at H+F and overdosed on something, had a medical event and died, and was thrown in the trash chute. Some vindication for the YouTubers who caught so much flack with the story that was reported in The Sun, as it seems to line up completely with what LAPD now believe. Sadly, it seems that with all that they believe they know, unless and until they may ever find Heidi's remains, I do not believe this case will ever move forward. It's now been more than 9 months. Far too long for any responsible for this to remain free. JMO

ttps://dateline-missing-in-america.simplecast.com/episodes/missing-heidi-planck-059Y1CY3

Thanks for the summary !!! Going to try to watch it tonight also.

But OMG... what kind of friends throw your body down a Trash chute??

 

[SteveP]

Thanks for the summary !!! Going to try to watch it tonight also.

But OMG... what kind of friends throw your body down a Trash chute??

It's a podcast, no video, just audio, but well worth a listen! And just realized the link I posted was missing the 'h', so here it is again...

https://dateline-missing-in-america.simplecast.com/episodes/missing-heidi-planck-059Y1CY3

 

[katydid23]

If LE knows all about this party, don't they know who the party goers were? Wouldn't they all be charged with something for not reporting this?

 

[NCWatcher]

If LE knows all about this party, don't they know who the party goers were? Wouldn't they all be charged with something for not reporting this?

I doubt it for a number of reasons.

First, failure to call LE to report a crime is not a crime. Americans aren't required to be police informants.

There are ways non-participants could be charged with something--like obstruction of justice if they outright lied to LE. But a mere failure to inform on other people isn't obstruction. People may choose to become involved and volunteer information. That's fine but there is no legal requirement that people do so (except for narrow exceptions like mandated reporters for child/elder endangerment. And even then the mandate applies ONLY to information gleaned in professional situations, not to personal social situations.)

It's also not a crime to remain silent if questioned by LE. So to charge all the party-goers who didn't participate in disposing of HP's body there would have to be more going on than not calling the cops or choosing not to answer questions. But on a more practical level, if LE doesn't have enough evidence to bring charges directly related to what happened to HP, they aren't likely to have enough to charge anyone with anything. I just don't think charging people for knowing about X when you can't prove X happened is possible.
But that's JMO.

 

[SteveP]

I doubt it for a number of reasons.

First, failure to call LE to report a crime is not a crime. Americans aren't required to be police informants.

There are ways non-participants could be charged with something--like obstruction of justice if they outright lied to LE. But a mere failure to inform on other people isn't obstruction. People may choose to become involved and volunteer information. That's fine but there is no legal requirement that people do so (except for narrow exceptions like mandated reporters for child/elder endangerment. And even then the mandate applies ONLY to information gleaned in professional situations, not to personal social situations.)

It's also not a crime to remain silent if questioned by LE. So to charge all the party-goers who didn't participate in disposing of HP's body there would have to be more going on than not calling the cops or choosing not to answer questions. But on a more practical level, if LE doesn't have enough evidence to bring charges directly related to what happened to HP, they aren't likely to have enough to charge anyone with anything. I just don't think charging people for knowing about X when you can't prove X happened is possible.
But that's JMO.

ITA. As we all well aware, as it pertains to LE, "it isn't what you know, it's what you can prove". Clearly, at this point, they cannot prove enough of anything to bring charges against any persons in this case. JMO

 

[SuziQ]

I doubt it for a number of reasons.

First, failure to call LE to report a crime is not a crime. Americans aren't required to be police informants.

There are ways non-participants could be charged with something--like obstruction of justice if they outright lied to LE. But a mere failure to inform on other people isn't obstruction. People may choose to become involved and volunteer information. That's fine but there is no legal requirement that people do so (except for narrow exceptions like mandated reporters for child/elder endangerment. And even then the mandate applies ONLY to information gleaned in professional situations, not to personal social situations.)

It's also not a crime to remain silent if questioned by LE. So to charge all the party-goers who didn't participate in disposing of HP's body there would have to be more going on than not calling the cops or choosing not to answer questions. But on a more practical level, if LE doesn't have enough evidence to bring charges directly related to what happened to HP, they aren't likely to have enough to charge anyone with anything. I just don't think charging people for knowing about X when you can't prove X happened is possible.
But that's JMO.

IMO, the persons who threw Heidi in the trash shoot, could be charged with a desecration of a body type charge. I think there also might be a failure to render aid to an injured person type charge that could apply to everyone present for not calling 911. I'm not a lawyer, so......JMO. It sure would be nice to see something happen in this case.

 

[SteveP]

IMO, the persons who threw Heidi in the trash shoot, could be charged with a desecration of a body type charge. I think there also might be a failure to render aid to an injured person type charge that could apply to everyone present for not calling 911. I'm not a lawyer, so......JMO. It sure would be nice to see something happen in this case.

Yes, IF they knew who threw Heidi in the trash chute, there might be charges, but all they think they know is that she was with a large group of people, at some type of gathering where drugs were available (probably lots of drugs, imo), something happened (probably took a fentanyl-laced drug, Adderall maybe), she had a medical event (people probably freaked out bc of the drugs, so didn't call 911), and she died (Od'd) and was thrown in the trash chute by SOMEONE(S). The people who were there seem to all be in CYA mode, for whatever they may have been doing, and apparently no one is talking (or at least telling LE all that they know). LE apparently know at least some of those who Heidi was with at H+F, but they need to know if she was lured to H+F with criminal intentions. They need to know if she went there in an attempt to get Adderall or another drug from someone there. They need to know if she was given an illicit drug, knowingly or unknowingly, and if so, by whom. They need to know who threw her down the trash chute, and if she was dead before she was thrown down, or whether she was just in distress. They need to know where her remains are located and recover them. I think they need to have answers to all of these questions, and recover her body before any charges will ever be brought against anyone. JMO

 

[NCWatcher]

IMO, the persons who threw Heidi in the trash shoot, could be charged with a desecration of a body type charge. I think there also might be a failure to render aid to an injured person type charge that could apply to everyone present for not calling 911. I'm not a lawyer, so......JMO. It sure would be nice to see something happen in this case.

I wish there was movement on the case too. But I don't see how bystanders can be charged to make that happen. I'm not an attorney but I do not believe failure to help another person at a party would be a criminal act. It's not clear a person could even be sued in civil court for that. Here's a blurb from CA

Can A Person Be Sued Under A Failure to Render Aid Law? - Daniel Petrov, ESQ

Most of the time, whether or not you choose to help a person who is in trouble is completely at your discretion.

petrovlawfirm.com

The fellow party-goers would not have had a legal duty to help HP and frankly, she may have been beyond help anyway when she had the "medical event." That's the problem--no one can really know. And that's it's been so long, even if the body is found, that question likely cannot be answered by an autopsy. That may make bringing some kinds of charges more difficult.

Certainly the person/people who stuffed HP in the garbage shoot could be charged with something, I'm sure. I don't know if LE knows exactly who they are. But I just don't see what the legal basis would be for charging other people at the party who didn't put her in the chute. Failing to stop someone from committing a crime isn't a crime and failing to report someone for criminal behavior isn't a crime either.
JMO

 

[Elliot_Alderson]

I have a question... so the police quote from the following article: LAPD searching landfill for evidence in Heidi Planck’s disappearance has this quote,

"Forensic evidence was located inside the building which has led detectives to believe an incident occurred resulting in Planck’s death," police said.

So if this was a case of an OD, what kind of evidence would be found in enough of a quantity to signify she died?

 

[SteveP]

I have a question... so the police quote from the following article: LAPD searching landfill for evidence in Heidi Planck’s disappearance has this quote,


So if this was a case of an OD, what kind of evidence would be found in enough of a quantity to signify she died?

Evidence that she died may be the discovery of her DNA or brain tissue, blood, etc, in the chute system, resulting from a 40 story plummet. Even though they were allegedly replaced before LE was able to check, I am sure the entire system was not replaced. Evidence that she died as the result of an incident does not mean that LE was able to determine forensically that the incident was an overdose. They apparently concluded that from interviews and other evidence. JMO

 

[SuziQ]

Yes, IF they knew who threw Heidi in the trash chute, there might be charges, but all they think they know is that she was with a large group of people, at some type of gathering where drugs were available (probably lots of drugs, imo), something happened (probably took a fentanyl-laced drug, Adderall maybe), she had a medical event (people probably freaked out bc of the drugs, so didn't call 911), and she died (Od'd) and was thrown in the trash chute by SOMEONE(S). The people who were there seem to all be in CYA mode, for whatever they may have been doing, and apparently no one is talking (or at least telling LE all that they know). LE apparently know at least some of those who Heidi was with at H+F, but they need to know if she was lured to H+F with criminal intentions. They need to know if she went there in an attempt to get Adderall or another drug from someone there. They need to know if she was given an illicit drug, knowingly or unknowingly, and if so, by whom. They need to know who threw her down the trash chute, and if she was dead before she was thrown down, or whether she was just in distress. They need to know where her remains are located and recover them. I think they need to have answers to all of these questions, and recover her body before any charges will ever be brought against anyone. JMO

Yes, for more serious charges LE would need to know all that. For the lesser charges I'm not so sure. IMO.

 

[Shamrock1]

IMO, the persons who threw Heidi in the trash shoot, could be charged with a desecration of a body type charge. I think there also might be a failure to render aid to an injured person type charge that could apply to everyone present for not calling 911. I'm not a lawyer, so......JMO. It sure would be nice to see something happen in this case.

There’s no duty to report a crime (outside very limited circumstances such as mandatory reporter laws intended to protect vulnerable populations). That’s pretty clear-cut 1st & 5th amendment stuff. There’s also no general duty to render aid or call 911 for similar reasons. (LE themselves are not obligated to render aid or protect anyone. On a lighter note, there was a famous Seinfeld episode on this very issue!).

 

[SteveP]

I have a question... so the police quote from the following article: LAPD searching landfill for evidence in Heidi Planck’s disappearance has this quote,


So if this was a case of an OD, what kind of evidence would be found in enough of a quantity to signify she died?

Furthermore, in addition to whatever LE may have found in the chute system, they also may have found evidence of a drug overdose accident in the room that the party was held in. That room was allegedly on the 40th floor, and, let me be cautious here, may have been vacated and extensively cleaned shortly after Heidi's disappearance. When someone overdoses, it is very common to lose bladder and bowel control, and there may have been evidence left behind of that. Also, HP could well have taken a bad fall, perhaps hitting the corner of a counter or table, fallen onto a glass, or any number of other things, including just hitting her head on a hard floor, and been bleeding profusely. She also could have been foaming or bleeding from her mouth. If other party goers there did not have enough concern for her to call 911 for an overdose, it is equally plausible that they let her lie there bleeding, and there may have been evidence of that left behind, despite cleaning. I'm sure there are other possibilities as well. I also would not completely discount the possibility that there is video evidence of her, still alive, but obviously impaired, earlier on. The podcast did mention that she is seen on cam inside, contrary to what seemed to be the going story, that the cameras inside were non-operational, or too fuzzy to be useful. JMO

 

[ElGato]

Even though they were allegedly replaced before LE was able to check, I am sure the entire system was not replaced.

Pardon the pun, but if so, this smells like a cover up by building owners. Everyone knew she was missing.

Most building owners would make sure they found out who owned or rented the apartment where the incident took place, and at the least, recover costs from that person (even if they weren't there).

In some jurisdictions, there is a 'social host' liability for bad behaviour that happens in space they control (eg Airbnb)

MOO

 

[SteveP]

Pardon the pun, but if so, this smells like a cover up by building owners. Everyone knew she was missing.

Most building owners would make sure they found out who owned or rented the apartment where the incident took place, and at the least, recover costs from that person (even if they weren't there).

In some jurisdictions, there is a 'social host' liability for bad behaviour that happens in space they control (eg Airbnb)

MOO

BBM...You are not the first or only person to have that opinion. A trash chute system would certainly need regular upkeep, but the timing for major repair certainly did not aid any investigation.

 

[ElGato]

Yes, for more serious charges LE would need to know all that. For the lesser charges I'm not so sure. IMO.

Apparently there is a misdemeanor charge for concealing a dead body. https://iecriminaldefense.com/pc-152-concealing-an-accidental-death-laws-in-california/

IMO, Heidi had to have known someone at the party, to.get the invite.

So also, IMO, someone she knew cut a deal to evade prosecution/civil suit, in exchange for telling police and the family what they know...

 

[NCWatcher]

Apparently there is a misdemeanor charge for concealing a dead body. https://iecriminaldefense.com/pc-152-concealing-an-accidental-death-laws-in-california/

IMO, Heidi had to have known someone at the party, to.get the invite.

So also, IMO, someone she knew cut a deal to evade prosecution/civil suit, in exchange for telling police and the family what they know...

But in order to prove someone guilty of concealing HP's dead body, they'd have prove not only that the person was involved in putting her in the chute (or actively concealing her death) but also prove the person knew GP was dead when her body was put down the chute. (I certainly hope she was but I think there would need to be evidence of that for a criminal charge to be brought.) As the article linked above indicates, having knowledge there was a dead body or knowing/suspecting/later learning the body had been concealed wouldn't make a bystander guilty.

I can't seem to locate the exact date but by sometime in the first week of Nov LE had found HP's car, JW had had the dog back from the H&F for awhile and he had retrieved HP's laptop from her house, the FBI has searched her house guns drawn, and LE had "forensic evidence" from the H&F indicating HP was dead (although the announcement of that knowledge wasn't made until the end of Nov.) You could be right but I'm not sure how many promises of immunity from criminal prosecution would have been floating around before early Nov. I'm not really sure how those kinds of deals are made but I'm pretty sure most DA's don't want to be too quick to offer immunity when too little is known. No one wants to risk immunizing the wrong person. And I don't see how LE could make any promises about immunity from a civil suit.
JMO