CO - Jessica Ridgeway, 10, Westminster, 5 Oct. 2012 - #24 *GUILTY PLEA*

[Dr. Know?]

They sure are asking for a lot. What's the deal with the objections to a "not guilty" plea being entered for Sigg & his lawyers? Did the judge enter the plea?

Quoting myself here. I found my answer.

Sigg's attorneys asked Judge Stephen Munsinger for additional time before they entered a plea. But, anticipating that request would be denied, attorney Ryan Loewer entered a plea of not guilty and reserved the right to change that plea.

http://www.denverpost.com/breakingn...court-friday-jessica-ridgeway-case?source=pkg

 

[ArianeEmory]

What are they trying to accomplish here, surely a conviction can't be avoided?

 

[eileenhawkeye]

What are they trying to accomplish here, surely a conviction can't be avoided?

It doesn't make sense to me either. If they managed to get the trial postponed to 2015 to a county in Southern Colorado, is that going to increase the chances that he is acquitted or receives a lenient sentence? No. When the jury finds out that he is charged with sexually assaulting, murdering, and dismembering a 10-year-old girl, it's not going to matter when the case happened or how familiar they are with it.

 

[margarita25]

Oh, Jessica...All of our hearts still ache, my eyes are filled with tears just seeing your name here on recent posts, the pain in my heart and gut and mind will probably always be, we will never forget you. I think of you always. Fly with angels sweetheart. It was you who brought me here to WS; I hope I can somehow help make a difference here.

 

[margarita25]

Sometimes the pain of reading here is too much to handle. I'm finding it really difficult to stomach all this legal stuff. I get soooo angry and sick...nothing will ever change what this monster did. I hope he rots in HELL.

 

[margarita25]

Austin Sigg's attorneys ask for change of venue

and a lot of other stuff...26 motions filed.

http://www.denverpost.com/breakingn...ue?source=rss&utm_medium=twitter&cref=twitter

I have a few suggestions....
:stormingmad:

 

[ArianeEmory]

It doesn't make sense to me either. If they managed to get the trial postponed to 2015 to a county in Southern Colorado, is that going to increase the chances that he is acquitted or receives a lenient sentence? No. When the jury finds out that he is charged with sexually assaulting, murdering, and dismembering a 10-year-old girl, it's not going to matter when the case happened or how familiar they are with it.

I mean, part of her remains were found *in his house*. What is getting the confession thrown out going to accomplish?

Ugh, I need to not read about/remember this one right before bed while I'm alone in the house. That crime scene (the one with the uprooted tree) really messed with my head.

 

[KaaBoom]

What are they trying to accomplish here, surely a conviction can't be avoided?

They are just throwing everything out there they can, and hoping that something works in their favor.

Plus the lawyers are just trying to make money. Remember Sigg's confession. “I murdered Jessica Ridgeway. I have proof that I did it.” and how he just wanted to plead guilty and get it over with. Well his lawyers weren't going to have any of that. They can't make much money if he pleads guilty. This way they will be getting paid forever. They will drag it on, and on, and on.

 

[eileenhawkeye]

If I was a judge, and had to decide whether to grant someone a change of venue, I would consider: What % of the jury pool would I have to dismiss right away because they followed the case and could not be impartial? If I have to organize multiple jury pools in order to find a jury, I would consider moving the trial. Obviously, there are a lot more than 12 people in Jefferson County who did not follow this case, but if I have to dismiss a majority of the jury pool because they followed a huge local news story, it might be easier to move it out of the area.

Also, it would be extremely hard for both families to get to the trial if they moved it out of the Denver area. They would either have to drive like 1 1/2 hours (both ways) to the courtroom, if say it was moved up to the Fort Collins area or down to the Colorado Springs area, or they would have to live in a hotel room or stay with another family for 3+ weeks if they decide to move it out to a county on the other side of the state.

 

[Footwarrior]

If I was a judge, and had to decide whether to grant someone a change of venue, I would consider: What % of the jury pool would I have to dismiss right away because they followed the case and could not be impartial? If I have to organize multiple jury pools in order to find a jury, I would consider moving the trial. Obviously, there are a lot more than 12 people in Jefferson County who did not follow this case, but if I have to dismiss a majority of the jury pool because they followed a huge local news story, it might be easier to move it out of the area.

Moving out of the area might not help much. This crime got massive press coverage all over the state.

They may as well hold the trail in Jefferson County and just count on dismissing a hundred people or more before seating a jury.

 

[eileenhawkeye]

Moving out of the area might not help much. This crime got massive press coverage all over the state.

They may as well hold the trail in Jefferson County and just count on dismissing a hundred people or more before seating a jury.

It seems to me, based on searching Jessica's name on various news websites, that there was significantly more media coverage about this case by the Denver media than there was by the Colorado Springs (Southern Colorado) or Grand Junction (Western Colorado) media. I think that someone who lives in Jefferson County would have a much different "experience" with this case than someone who lives 2+ hours away. Not just in terms of media, but also in terms of possibly knowing someone who knew someone who knew the family, or hearing people talk about it, or seeing memorials when they drive around, etc. Also, there hasn't been much media coverage of this case by any media outlet except for the occasional update about the pre-trial proceedings or about the park since November.

 

[eileenhawkeye]

AS and his lawyers are in court today to ask for the change of venue. Will the judge make a decision today? I know they just requested it, but it's been mentioned as a possibility for months now. Or will we have to wait?

 

[The Cheese]

Channel 2 KWGN ‏@channel2kwgn 25m
Lawyers for Austin Sigg want trial moved because of publicity http://tinyurl.com/mjk522q

The teen’s lawyers say the publicity surrounding the high-profile case is preventing Sigg from getting a fair trial. They hope to sway the judge’s opinion Friday morning.

Lawyers are also expected to ask the judge to suppress some of Sigg’s statements that may have been made with legal representation.

snipped

The case has shaken the Westminster community, and many don’t want the trial moved.

Sigg’s lawyers are expected to ask the judge to ban the media from any future court appearances.

 

[eileenhawkeye]

I am in the middle about moving the trial. There's been very little media coverage by anyone since AS was arrested. It's not like the Denver area has been hearing "He's guilty!" everyday for the past 9 months. If they move it, a county in Colorado Springs would work. I do not believe they need to move it to the other side of the state. Jodi's trial was still held in the Phoenix metro, right? And the jurors in Casey's trial were bused in from an hour or so away. I don't think there's been a recent trial where the new venue was 2+ hours away. So I would be shocked if it was moved out to Grand Junction, for example.

I think in this case, it wouldn't be so much the media coverage that would move the trial, but more so the emotional impact. This a case where there is a park named after the victim, where hundreds of thousands of dollars were donated to the family/in the victim's name, where 3000 people attended the memorial service, where parents didn't let their kids go trick-or-treating, etc. I just don't see how the defense can argue that the trial should be moved just based on media coverage since there hasn't been much since December. The case is not being covered on a daily or even a weekly basis anymore. And there have been cases where someone is arrested, and the case continues to get regular coverage until the trial.

I think the defense could argue that the way people in Jefferson County responded to this case is extremely unusual, while the prosecution could argue that there hasn't been much media coverage since December, and there's been other Denver metro area crimes that have received more media coverage than this case.

 

[eileenhawkeye]

A similar case to this one is of Samantha Runnion, who was murdered by a stranger in 2002. Like Jessica's case, there was a lot of publicity when it happened, there were memorials all over, thousands of people attended Samantha's funeral, and the governor even spoke about it, but after the killer was arrested, not much. The judge ruled against moving the trial, arguing that cases like MJ and Scott Peterson were now getting the media spotlight, and also "the vast majority of the publicity occurred shortly after the crime. Recent coverage, he said, was consistent with any other capital murder trial and was less than other cases, including a highly publicized gang rape trial . Even without pretrial publicity , the nature of the case - the kidnapping, sexual assault and killing of a child - is something jurors will have difficulty with, he said." I feel like everything he said could be applied to Sigg's trial.

 

[Foxfire]

Changes of Venue are seldom moved to another County in recent high profile murder cases. if granted, due to the enormous expense, and inconvenience of the witnesses, attorneys, and Judge, etc. Jurors are brought in from other counties and sequestered in the court jurisdiction where the murder occurred.

FYI: State v. George, 37,492, 10 (La. App. 2d Cir. 9/24/03), 855 So.2d 861, 870
(defendant is not entitled to a jury entirely ignorant of the case and cannot prevail on
a motion for change of venue merely by showing a general level of public awareness
about the crime).

 

[eileenhawkeye]

This is from back in December 2012. The prosecution gives some arguments against a change of venue:

http://www.courts.state.co.us/userf...12 Motn to reconsid closing Prelim (P-13).pdf

Also, a few months ago, I looked up cases that were granted a change of venue in Colorado. I found about a dozen that took place in the 90s but none since 2001.

 

[eileenhawkeye]

The Denver Post ‏@denverpost 5m
RT @jsteffendp: No rulings during today's hearing for Austin Sigg. Judge asked defense for more information about request to change venue.

Next hearing in the case is July 10.

 

[The Cheese]

Attorneys for Austin Sigg, who is accused of kidnapping, killing and dismembering 10-year-old Jessica Ridgeway, called into question whether officers properly explained his rights when they were called to his home in October.

During a hearing in Jefferson Country District Court Friday morning, attorneys questioned Westminster police Officer Albert Stutson. Stutson was one of the first officers to arrive at Sigg's home after they received a phone call from his mother.

Stutson, who is a member of the police department's Special Enforcement Team, said he advised Sigg of his rights shorty after he arrive at the home and again with his mother present, after Stutson realized he was 17-years-old.
Stutson did not discuss any statements Sigg made to him at the home or while driving to the police station.

Judge Stephen Munsinger did not rule on any of the 26 pending motions, include defense attorneys' requests to move the case out of Jefferson County and close court proceedings to the public.

http://www.denverpost.com/breakingn...sigg-due-jefferson-county-court#ixzz2WsEEdPEv

 

[eileenhawkeye]

Is there a gag order on this case? If so, what exactly is the media not allowed to report on? Is it just that the prosecution and defense can't talk to the media?