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

[Backstroke10]

Would CW have undergone a physical with blood work after he was arrested, and put in jail? Do they do physicals/blood work for new inmates? If so, maybe he tested positive for HIV, STDs, etc. while in jail and that's why his attorneys just recently requested/filed this motion to seal. I don't know; just a thought.

 

[MassGuy]

I tend to think there can not be too much evidence massguy!
the more the better
might be something small like this that pushes a jury over the line?
we all know how jurys want physical proof of EVERYTHING :-/
every nail they can get for the coffin to seal his fate shut permanently is poor gold

I agree. But unless he recants his confession, marks on his neck would be irrelevant.

Unless the kids did it, which is incredibly unlikely.

 

[molly1255]

Exactly. Because stds wont have visiting doctors sign in. Thats usually if a psychologist was brought in by the defense to examine you.

A std would be treated at a local facility while under watch and then meds would be prescribed after that. Jmo.

Very good point. I'm also leaning toward psychological visits and perhaps a diagnosis. JMO, since the defense wants to protect this info, I wonder if there is a diagnosis that will not be helpful to CW in his defense?

 

[Moonracer]

Very good point. I'm also leaning toward psychological visits and perhaps a diagnosis. JMO, since the defense wants to protect this info, I wonder if there is a diagnosis that will not be helpful to CW in his defense?

Perhaps they are doctor shopping to try to get a psychosis dx? For the legal definition of insanity? And haven't been able to find someone to diagnose that? SPECULATION ONLY.

 

[MassGuy]

Perhaps they are doctor shopping to try to get a psychosis dx? For the legal definition of insanity? And haven't been able to find someone to diagnose that? SPECULATION ONLY.

No matter who they put on the stand, I will fully enjoy every second of watching someone attempt to explain how the legal definition of insanity can possibly apply to CW here.

His actions in the hours and days after the crime, demonstrate that he knew what he was doing, and knew what he did was wrong.

 

[DexterMorgan]

Very good point. I'm also leaning toward psychological visits and perhaps a diagnosis. JMO, since the defense wants to protect this info, I wonder if there is a diagnosis that will not be helpful to CW in his defense?

Agree. He aced the coherent test ever since he did his best to immediately cover up the crime plus immediately started to lie to everyone.

And he failed the temporary insanity test ever since he did his best to immediately cover up the crime plus immediately started to lie to everyone.

So if they did pay for a psychologist to see him and test him. Then it was probably a waste of money. Jmo

 

[KathrynL]

No matter who they put on the stand, I will fully enjoy every second of watching someone attempt to explain how the legal definition of insanity can possibly apply to CW here.

His actions in the hours and days after the crime, demonstrate that he knew what he was doing, and knew what he did was wrong.

On the basis of what we know, ITA. However, I don't think they will go insanity. It's possible they will go with extreme emotional disturbance (if it's a defense here in CO)-or, go with his statement to police (which makes him the killer of Sha'nann and Nico). imo

 

[MassGuy]

On the basis of what we know, ITA. However, I don't think they will go insanity. It's possible they will go with extreme emotional disturbance (if it's a defense here in CO)-or, go with his statement to police (which makes him the killer of Sha'nann and Nico). imo

Yeah. I don’t think they’ll go insanity either.

I think they’re more likely to go with the “SW killed the kids” defense.

I’d laugh at both.

 

[Seattle1]

Very good point. I'm also leaning toward psychological visits and perhaps a diagnosis. JMO, since the defense wants to protect this info, I wonder if there is a diagnosis that will not be helpful to CW in his defense?

CW confessed to murdering his wife, and I believe his defense regrets this admission. Yes, I believe there is a diagnosis that the defense believes will be helpful. MOO

 

[KathrynL]

Yeah. I don’t think they’ll go insanity either.

I think they’re more likely to go with the “SW killed the kids” defense.

I’d laugh at both.

He looks, from what we have all seen, completely guilty. But I have to say I am intrigued by the defense's insistence over releasing the autopsy, and request for an ex-parte hearing based on HIPPA. It is just my nature to pick over these things, even though my husband believes I missed my calling as a prosecuting atty, lol and imo.

 

[MassGuy]

He looks, from what we have all seen, completely guilty. But I have to say I am intrigued by the defense's insistence over releasing the autopsy, and request for an ex-parte hearing based on HIPPA. It is just my nature to pick over these things, even though my husband believes I missed my calling as a prosecuting atty, lol and imo.

If the defense wants the results released, it’s most likely because there is nothing in them that directly connects CW to the murder.

There is the very real possibility that there is no smoking gun there.

 

[Seattle1]

He looks, from what we have all seen, completely guilty. But I have to say I am intrigued by the defense's insistence over releasing the autopsy, and request for an ex-parte hearing based on HIPPA. It is just my nature to pick over these things, even though my husband believes I missed my calling as a prosecuting atty, lol and imo.

I get you, forensic at birth. I'm guilty...

 

[gitana1]

I find it intriguing that the defense wants the autopsy reports out there. Perhaps @Amandaaa, @gitana1 , would care to comment on whether this is strategy, boilerplate, or (because the defense has the autopsy reports) something useful to the defense.

eta to at @Mrspratcher

Hello, friend. I think they don't care because they don't feel it's going to matter to their case if it's out now or at the prelim.

But it could hurt the state's case by narrowing the jury pool of people not prejudiced by case info. Like the autopsy report.

More importantly this is a highly adversarial case and they want to fight the state's request to keep it sealed as a means to get information about what possible witnesses could be tainted by the info, as the state claims.

It's like the defense is saying put up or shut up.

In other news I'm very interested in the defense motion to file a motion under seal. Which was granted.

In speaking with my law partner he believes it is about a possible competency determination and setting up for a diminished capacity defense (insanity).

 

[MassGuy]

Hello, friend. I think they don't care because they don't feel it's going to matter to their case if it's out now or at the prelim.

But it could hurt the state's case by narrowing the jury pool of people not prejudiced by case info. Like the autopsy report.

More importantly this is a highly adversarial case and they want to fight the state's request to keep it sealed as a means to get information about what possible witnesses could be tainted by the info, as the state claims.

It's like the defense is saying put up or shut up.

In other news I'm very interested in the defense motion to file a motion under seal. Which was granted.

In speaking with my law partner he believes it is about a possible competency determination and setting up for a diminished capacity defense (insanity).

If they did go with an insanity defense, would they essentially admit that he killed all of them, but wasn’t legally responsible?

Or could they attempt a type of dual defense, where they say he didn’t kill his kids, but if he did, he was legally insane at the time?

 

[gitana1]

Something like that makes sense. What else could it be?

Information pertinent to a competency determination and possibly later diminished capacity defense.

ETA: The info could include stuff like things he might have said to jail doctors or staff. Or they want a competency determination based on statements made to his attorneys.

 

[gitana1]

If they did go with an insanity defense, would they essentially admit that he killed all of them, but wasn’t legally responsible?

Or could they attempt a type of dual defense, where they say he didn’t kill his kids, but if he did, he was legally insane at the time?

I believe in CO they can do both.

 

[PommyMommy]

Information pertinent to a competency determination and possibly later diminished capacity defense.

ETA: The info could include stuff like things he might have said to jail doctors or staff. Or they want a competency determination based on statements made to his attorneys.

Okay, do I have this right? If they go with the insanity defense, we will hear that at arraignment. And, arraignment will be scheduled at the status hearing 11/19?
MOO

 

[gitana1]

Based on the limited information provided to the court, the defendant is hereby authorized to file a motion under seal. Upon receipt this court will determine if the motion was appropriately filed as sealed. If so, the court will determine if it would be appropriate to schedule an ex parte hearing. If the motion was inappropriately filed as a sealed document the court will consider converting the motion to a DATE FILED: October 22, 2018 “suppressed” or “public” filing”.
https://www.courts.state.co.us/userfiles/file/Court_Probation/19th_Judicial_District/caseofinterest/2018CR2003/Order C 21.pdf

I think this is rather broad, and the court is not sure if it will prove to be valid or not. IOW, the judge is agreeing to see the evidence and take it from there. IMO

Yes. Exactly.

 

[KathrynL]

Hello, friend. I think they don't care because they don't feel it's going to matter to their case if it's out now or at the prelim.

But it could hurt the state's case by narrowing the jury pool of people not prejudiced by case info. Like the autopsy report.

More importantly this is a highly adversarial case and they want to fight the state's request to keep it sealed as a means to get information about what possible witnesses could be tainted by the info, as the state claims.

It's like the defense is saying put up or shut up.

In other news I'm very interested in the defense motion to file a motion under seal. Which was granted.

In speaking with my law partner he believes it is about a possible competency determination and setting up for a diminished capacity defense (insanity).

Thank you so much for your response. Especially that they may be pursuing diminished capacity. In a later post I mentioned extreme emotional distress, but I didn't think of DC. In any case, I think CW is getting an exceptional defense from the public defenders. And, again, I thank you for your insight and expertise.

 

[Amonet]

Very good point. I'm also leaning toward psychological visits and perhaps a diagnosis. JMO, since the defense wants to protect this info, I wonder if there is a diagnosis that will not be helpful to CW in his defense?

Even if it was helpful for his defense wouldn't they want to keep it quiet and then do a bombshell in the courtroom?