Found Deceased CO - Shanann Watts (34), Celeste"Cece" (3) and Bella (4), Frederick, 13 Aug 2018 *Arrest* #34

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  • #701
I'm still looking for case law, but I did find this current request.

El Paso County coroner seeks to hide Flick and Zetina's autopsy reports

In his petition for review of the public records requests, Bux argues that disclosure of the autopsy reports would "cause substantial injury to the public interest." In support of that assertion, he states that their release would cause harm to Flick's family.


Am I using the correct terminology is to case law? Just looking for prior cases and what justification they had and whether it was her approved or not in the state of Colorado to compare to this case
he's recently released it after the DA's report - I couldnt find a decision record for it though, did you?
 
  • #702
Yes, I know Nickole.
What a great person to know.:):)
Her time on the stand will be invaluable.
She stopped CW's 'clean up' of his horrid agenda: now made public, for all the world to see.
Poor guy, so misunderstood.:D
 
  • #703
Yeah. If anything, this shows that he concocted his story well after the fact.
You don’t stage evidence, just to destroy it.
Exactly. He forgot that he may have to set her up for the murder in the long run.
 

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  • #704
Lawyers, if he didn’t have an attorney present will the confession still be admissable as long as someone read CW his Miranda rights?

Yes, as long as his confession wasn’t the product of coercion.

IIRC, didn’t CW voluntarily go to the police station? Miranda isn’t required unless you have a custodial interrogation. This means an interrogation where a reasonable person (CW) would not feel like they could just walk out and end the interrogation.

If CW wasn’t in custody, Miranda might not even be an issue.
 
  • #705
I'm still looking for case law, but I did find this current request.

El Paso County coroner seeks to hide Flick and Zetina's autopsy reports

In his petition for review of the public records requests, Bux argues that disclosure of the autopsy reports would "cause substantial injury to the public interest." In support of that assertion, he states that their release would cause harm to Flick's family.


Am I using the correct terminology is to case law? Just looking for prior cases and what justification they had and whether it was her approved or not in the state of Colorado to compare to this case
El Paso County coroner reconsiders sealing autopsy reports in deputy's death
 
  • #706
  • #707
I don’t even like to say it......
What if CW’s accusations are true?
Well if that's the case then every move he has taken since has been incredibly suspicious and deceptive, not to mention stupid. Jmo
 
  • #708
Do we know she was never evaluated by a mental health professional, or sought treatment for mental health issues?
As far as we know, neither of them were.

That’s one of the disturbing aspects of this case, apparently nobody saw the evil in this guy until it was too late.
 
  • #709
I don’t even like to say it......
What if CW’s accusations are true?

I'll bite. Let's say they ARE true. If so, then he royally screwed up by hiding the bodies, lying to the police, killing SW (and Nico by extension), not calling the police or paramedics, tampering with evidence (throwing away the sheets), and (probably) manipulating their bodies to fit into the tank openings. The jury would have to get past all of these things to believe his innocence. If I were on that jury, even without knowing the things we know now-things that may not make it into the trial-I don't think I could get past those to believe him.
 
  • #710
All along I’ve assumed it was working fine and he just lied so they couldn’t use it. CW disabling it would require a degree of forethought/anticipation not really demonstrated by him elsewhere IMO. Maybe we’ll learn which it was at the trial. Do you guys think the police would check wheether it was really broken after they suspected CW?
Mark Sievers tried that excuse by saying his mother probably forgot to reset the alarm.

But he told mom (after she complained of it not working) not to reset it because his wife would be home later.

Meanwhile the alarm company had plenty of information about changed codes and everything else. Smh

You pay good money for a reason and wish you didn't once the alarm company destroys your lie. :)
 
  • #711
All along I’ve assumed it was working fine and he just lied so they couldn’t use it. CW disabling it would require a degree of forethought/anticipation not really demonstrated by him elsewhere IMO. Maybe we’ll learn which it was at the trial. Do you guys think the police would check wheether it was really broken after they suspected CW?

If friends and family think that might not have been done, I would hope they have done a shout out to them and refer them to the Bonita Springs case and get on the police to do that! It made the case in the Bonita Springs case in my opinion. ( sorry, the name of the victim right now Escapes Me.)
 
  • #712
I don’t even like to say it......
What if CW’s accusations are true?

It is irrelevant to me. He killed Nico. Nico never even had a chance to be born. He murdered that innocent baby. He could have just called the police on his wife, after she killed her children.

Instead, he put his hands on her throat, and deliberately squeezed, until she was dead, that can take over 5 minutes for an adult to die. That is intent.

His subsequent cover up, and cognizant action of deliberate lying to the entire nation, begging for his wife and daughters to return, deepen his involvement.
 
  • #713
Do we know she was never evaluated by a mental health professional, or sought treatment for mental health issues?
No, but even that would be hard to prove anything, as many people go to therapists for a variety of reasons. It may even help the prosecution if she revealed certain things about her husband in therapy. As far as a diagnosis, I would think they would have to find some evidence of psychosis or a disabling disorder which is highly unlikely. Jmo
 
  • #714
Duly noted.

One could argue that any autopsy reports for murder victims (especially kids) could taint a jury pool due to the emotional nature of what’s reported.

However, CO law states, “all public records shall be open for inspection by any person at any reasonable time.”

The prosecution is going to have to show something special that the legislature couldn’t have imagined when the law was drafted.

MOO

Well, that's the way the law certainly looks. But it does happen and has since the law was passed.

This recent case showed an autopsy report of an infant remained sealed until the defendant pled guilty.

Loveland infant's autopsy report released

What was the special circumstances there that could not have been conceived up by the legislators?

I do think they have an uphill battle here, however because there is a lot of public interest and the media will be responding to the motion and asking for access once the report is completed.
 
  • #715
I looked and couldn’t find anything similar where they had sealed the report. Granted, I didn’t look too long...

But generally, if sealing is granted, it is because 1) nobody has been charged for the crime crime yet, or 2) it’s something enormous and unusual (mass shooting) and the families would be injured by the release

Here, neither of those apply - not saying they couldn’t be successful with this argument, I’ve just never seen another case like it

Thank you. Appreciate your time and researching as I would have thought in Colorado there would have been precedent on it being allowed to have been sealed.
 
  • #716
I'm curious if CW's palm print could have been located at the lower part of the girls or SW's face . Clamping his flat hand down over mouth and over or just under the nose. In order to prevent screaming & calling out for help.
 
  • #717
Every case is going to be unique, depending on the particular facts and circumstances and whether, in total, it meets the required Standard for withholding the document.

I’m sure there are other cases like this but I didn’t spend a lot of time looking
 
  • #718
If friends and family think that might not have been done, I would hope they have done a shout out to them and refer them to the Bonita Springs case and get on the police to do that! It made the case in the Bonita Springs case in my opinion. ( sorry, the name of the victim right now Escapes Me.)
Great minds. The Teresa Sievers murder by hubby Mark via his brother from another mother Curtis.

He actually made his mother feel terrible that she couldn't reset the alarm before (daughter in law) Teresa Sievers came home that night and was attacked by Marks friends that were waiting in the house all day.

And of course we later found out that Mark sent them there and remotely disengaged the alarm so his mother couldnt resest it.

But he never told her and she blamed herself.

:(
 
  • #719
That’s not how I understand the law, but again, I’m not a CO resident nor an attorney.

When a law uses a term like 'reasonable ' amount of time, it is always open to a legal interpretation.
 
  • #720
I'm still looking for case law, but I did find this current request.
El Paso County coroner seeks to hide Flick and Zetina's autopsy reports
In his petition for review of the public records requests, Bux argues that disclosure of the autopsy reports would "cause substantial injury to the public interest." In support of that assertion, he states that their release would cause harm to Flick's family.
Am I using the correct terminology is to case law? Just looking for prior cases and what justification they had and whether it was her approved or not in the state of Colorado to compare to this case
he's recently released it after the DA's report - I couldnt find a decision record for it though, did you?
The Flick and Zetina reports probably not the best reference here as Coroner Bux allegedly sought to prevent autopsies from ever being released (not sure if true or if only sought nondisclosure until trial). Second, it was also Coroner Bux that instigated the Colorado Bill (vetoed by Governor) that would have blocked all children's autopsy reports from public view. Either way, First Amendment Advocates and news agencies were all over this one.

EDIT: Autopsies released Sept 7, 2018 per Gazette.

After legal fight, coroner releases autopsies of Deputy Micah Flick, Manuel Zetina
 
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