Found Deceased CO - Shanann Watts (34), Celeste"Cece" (3) and Bella (4), Frederick, 13 Aug 2018 *Arrest* #43

[Amandaaa]

Hearing appears to be scheduled on the docket for 12/21

Link and screenshot
Colorado Judicial Branch - Court Docket Search

 

[Lady Justice21]

At what point in the legal proceedings do attorneys have to share discovery items? Will they do it before CW’s Nov hearing, or does that come later in preparation for the full trial?

The District Attorney's office provides discovery as they receive it. Not as in that exact minute, but they send it as they get it. IMO

 

[gitana1]

At what point in the legal proceedings do attorneys have to share discovery items? Will they do it before CW’s Nov hearing, or does that come later in preparation for the full trial?

Family law is very different than criminal. So I'm not sure. I think it's supposed to be at the arraignment. But @Amandaaa apparently worked as both a prosecutor and criminal defense attorney in Colorado so hopefully she can answer this quickly.

In the meantime, I have texted my law partner. I imagine the rules are similar between California and Colorado. But I can't be sure.

 

[Best of What's Around]

JMO, he was desperate to come up with a scenario that would take the focus off of him.

IMO he could NOT WAIT until the inevitable false sightings started rolling in to take the heat off him. Thankfully, he did not get the chance to capitalize off such a plan.

 

[gitana1]

The District Attorney's office provides discovery as they receive it. Not as in that exact minute, but they send it as they get it. IMO

What I've seen and heard as repeated complaints is that although the state is supposed to divulge info quickly, they often hold stuff back until the last minute. Sometimes it's not even released until during trial. Then there are motions and arguing about it and requests for evidence to be disallowed, or other sanctions such as removal of the death penalty as a possibility.

 

[Lady Justice21]

What I've seen and heard as repeated complaints is that although the state is supposed to divulge info quickly, they often hold stuff back until the last minute. Sometimes it's not even released until during trial. Then there are motions and arguing about it and requests for evidence to be disallowed, or other sanctions such as removal of the death penalty as a possibility.

Yikes! Not that I've never heard a defense counsel complain about that, but I've never seen it in person. I'll remain hopeful the DA's office will provide discovery timely and leave the circus to the defense.

 

[Backstroke10]

I think the HIV route referenced is a biased and an uneducated assumption that if the defendent slept with a man (the alleged AP who came forward) then must have contracted HIV.

As far as the sealed HIPPA motion, I think it's a strategy for a mental illness claim to mitigate the death penalty when he is found guilty. jmo

I thought the same thing with the sealed Hippa motion, using the mental illness claim. Your absolutely correct about
HIV referenced being biased is correct.

So tired of reading the HIV route in this case honestly. If that guy had not come forward with his story about having an affair with CW the unreasonable, biased speculation about the HIPPA seal would not include HIV. Sign of the times. jmo

I hoped by now the assumption, a person sexual orientation doesn't inequality the person might have HIV.

Since I’m the one who posted the initial question about HIV positive results possibly being the reason for requesting health records be sealed, I’m safe to assume these comments were directed at me. My questions/statements were NOT biased or uneducated or a “sign of the times”, in fact, quite the opposite. My comments from the first thread have been consistent and from personal experience. As I’ve already stated on here but will again; my son came out as bisexual in HS but later admitted to me that he was gay. He said he did this to soften the blow. Little did he know, I couldn’t care less and love him more than anything in this world. In addition, one of my best friends from college died of AIDS ten years ago, one of my sons good friends just told him he was HIV positive (only in his 20’s) and I found the results of my sons HIV test on a card stuffed in a book bag in his car. So once again, my comments/questions do NOT come from biased, uneducated assumptions.

Edited to add my theory that I’ve held since the beginning - CW motive was that he is gay and couldn’t face his wife, kids, family, society, etc finding out and how society has not come far enough on this issue. MOO

 

[ZsaZsa]

I just watched the latest Scott Reisch (Atty) video on YouTube and he poses the question whether the HIPAA protected health information may in fact be from Shanann's medical record and what they want to ask is if they are able to use it in CW's defense. He say the clue is in the 2 cases the defense cited in their motion.
Thoughts?

 

[Best of What's Around]

Since I’m the one who posted the initial question about HIV positive results possibly being the reason for requesting health records be sealed, I’m safe to assume these comments were directed at me. My questions/statements were NOT biased or uneducated or a “sign of the times”, in fact, quite the opposite. My comments from the first thread have been consistent and from personal experience. As I’ve already stated on here but will again; my son came out as bisexual in HS but later admitted to me that he was gay. He said he did this to soften the blow. Little did he know, I couldn’t care less and love him more than anything in this world. In addition, one of my best friends from college died of AIDS ten years ago, one of my sons good friends just told him he was HIV positive (only in his 20’s) and I found the results of my sons HIV test on a card stuffed in a book bag in his car. So once again, my comments/questions do NOT come from biased, uneducated assumptions.

Edited to add my theory that I’ve held since the beginning - CW motive was that he is gay and couldn’t face his wife, kids, family, society, etc finding out and how society has not come far enough on this issue. MOO

Thank you for sharing and putting this in perspective. Hopefully, one day we will be a far more accommodating society. We have come so far, but have quite a ways to go. It continues to amaze me the reasons people find acceptable to hate or think someone is somehow less of a person. As MLK Jr said...the content of your character is all that should matter. Again, thanks for sharing your backstory on this thread.

 

[nwmouse]

The most mindboggling tidbit from his (voluntary) media appearances is when he had the audacity, or stupidity, to suggest she might have left via the construction in back. How could he have assumed anyone would buy that?

BBM:
Because he was incredibly arrogant, yet stupid enough to believe he could get away with killing his entire family.
He thought he was so clever he even went on tv and lied through his teeth, over and over again, whilst showing off his new shirt.
What an idiot.

 

[maeleemae]

New update from Colorado Criminal Defense Attorney Scott Reisch:

 

[gitana1]

I just watched the latest Scott Reisch (Atty) video on YouTube and he poses the question whether the HIPAA protected health information may in fact be from Shanann's medical record and what they want to ask is if they are able to use it in CW's defense. He say the clue is in the 2 cases the defense cited in their motion.
Thoughts?

That doesn't make sense. He (CW) is not the holder of the privilege for SW and the motion definitely showed concern about violating their own client's rights and getting into trouble by divulging protected info while they aren't the privilege holder for him.

My professional opinion is this is about his own health care records. No one else.

Records of a deceased victim are an exception to HIPAA in a criminal case when relevant to the action. They'd just need to subpoena them and would have zero grounds to request that they be sealed.

 

[Thepoet]

I've been thinking a great deal about what evidence the DA may have? Evidence from all phones? Evidence from computers, iPad, iWatch, etc. Echo? Neighbor's cameras? CCTV on route from house to oil site or along any route recorded by GPS? GPS on truck and car (did he use SW's car while she was gone to NC or Arizona)? Physical evidence from the truck? Credit card and ATM records? (A woman in Grapevine, TX was convicted of murder and part of the evidence was a debit card receipt for cleaning items to remove blood!) Bedding? Trash bags? Tools? Oil tank sensor readings)?

I believe he'll be buried under a mountain of evidence if this goes to trial. And then there are also witnesses. Should be intetesting!

 

[Mellowmelly]

So tired of reading the HIV route in this case honestly. If that guy had not come forward with his story about having an affair with CW the unreasonable, biased speculation about the HIPPA seal would not include HIV. Sign of the times. jmo

I think the HIV route may be way off but could be possible. The reason I first thought of STD’s in this case , and not necessarily HIV,was because of the alleged multiple affairs. It honestly didn’t cross my mind about HIV because one of the alleged AP’s was a man. I understand where you are coming from though and there was no offence or stereotyping meant on my part.
I just think the more people somebody sleeps with, the higher the chance of catching an STD, even the use of condoms is not 100 % effective against catching something.
From reading others views on here though, I agree, the sealing of medical records is most likely to do with mental health rather than sexual health.

 

[gitana1]

I've been thinking a great deal about what evidence the DA may have? Evidence from all phones? Evidence from computers, iPad, iWatch, etc. Echo? Neighbor's cameras? CCTV on route from house to oil site or along any route recorded by GPS? GPS on truck and car (did he use SW's car while she was gone to NC or Arizona)? Physical evidence from the truck? Credit card and ATM records? (A woman in Grapevine, TX was convicted of murder and part of the evidence was a debit card receipt for cleaning items to remove blood!) Bedding? Trash bags? Tools? Oil tank sensor readings)?

I believe he'll be buried under a mountain of evidence if this goes to trial. And then there are also witnesses. Should be intetesting!

I'm expecting text messages between he and the AP and/or testimony from her. Tons of stuff showing his state of mind and motive. I think this may be the most significant and damning evidence which will likely be his downfall.

I also expect texts between he and SW and/or testimony from witnesses that could go to timing of the murders.

I think it's likely there will be super creepy and/or incriminating internet searches.

And of course the GPS stuff and neighbors' cameras.

 

[Backstroke10]

Thank you for sharing and putting this in perspective. Hopefully, one day we will be a far more accommodating society. We have come so far, but have quite a ways to go. It continues to amaze me the reasons people find acceptable to hate or think someone is somehow less of a person. As MLK Jr said...the content of your character is all that should matter. Again, thanks for sharing your backstory on this thread.

Wow, Best of What’s Around, THANK YOU for such a kind, compassionate, heartfelt message. Your words have put a smile on my face and I am grateful. TY

 

[gitana1]

I think the HIV route may be way off but could be possible. The reason I first thought of STD’s in this case , and not necessarily HIV,was because of the alleged multiple affairs. It honestly didn’t cross my mind about HIV because one of the alleged AP’s was a man. I understand where you are coming from though and there was no offence or stereotyping meant on my part.
I just think the more people somebody sleeps with, the higher the chance of catching an STD, even the use of condoms is not 100 % effective against catching something.
From reading others views on here though, I agree, the sealing of medical records is most likely to do with mental health rather than sexual health.

But what would the motion be about? They are seeking to file a motion for something - to request something - but they want that motion to be under seal because the motion itself will include HIPAA info.

I mean I suppose it could be possible they are wanting to file a motion for special medical treatment or housing due to health status? But I'm not sure how that works.

@Amandaaa - when you worked as a prosecutor and criminal defense attorney, would defendants ever try to file motions under seal due to HIPAA and if so, what for?

And did they ever file motions due to health care status or for special treatment or something to do with jail conditions and if so, what would the name of the motion be and what could they possibly need to request via motion, related to health care or health care status?

TIA.

 

[tmar]

Yes, we're not going to be able to tell if anything he said was true or not. Her clothing (and make up and jewellery) should answer the question of whether or not she went to bed, because I doubt he would have undressed her and reclothed her in nightwear.

Similarly with the kids.
If they were killed after the birthday party, they would be in those outfits.
As CW's method of disposal for the children, was 'oil tanks', he possibly thought there would be no evidence found.

 

[NuttMegg]

Similarly with the kids.
If they were killed after the birthday party, they would be in those outfits.
As CW's method of disposal for the children, was 'oil tanks', he possibly thought there would be no evidence found.

IMO if he dumped them without clothing they would sink faster, which he may have wanted so no one could see them from the top hole.

 

[MyBelle]

I just watched the latest Scott Reisch (Atty) video on YouTube and he poses the question whether the HIPAA protected health information may in fact be from Shanann's medical record and what they want to ask is if they are able to use it in CW's defense. He say the clue is in the 2 cases the defense cited in their motion.
Thoughts?

I just watched it. He also mentioned it could be about the girls' medical records. It will be interesting to see how this unfolds. JMO