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

[DexterMorgan]

Just scared the beegeebies out of myself with a thought only out of a horror movie. How terrible would it be if he forced SW to take out the first two little girls in exchange for keeping her life and the life of her unborn child. But ended up strangling her anyway. aaacckkk I feel dirty typing that.

I think someone said she was possibly strangling one of the girls while he was strangling her at the same time.

I know I know

 

[PommyMommy]

Weld County judge to hear arguments over Watts family autopsy reports
Weld County Assistant Attorney Karin McDougal, who is one of the attorneys representing Weld County Coroner Carl Blesch, filed the hearing notice Tuesday morning. The hearing about the autopsy reports for Shanann Watts, 34, and her two daughters, Bella, 4, and Celeste, 3, will take place at 9 a.m. Dec. 21 before Weld District Court Judge Todd Taylor.

Hearing on release of Watts autopsies set for December
The hearing on a petition to seal the autopsy reports in the murder case against Christopher Watts will be Dec. 21 in Weld County District Court.

Around 35 parties have filed Colorado Open Records Act requests for the autopsies.

 

[gitana1]

@Colorado303

Ok. Here's what the law partner stated on discovery:

"In California Discovery must be exchanged at the first available opportunity. Defense must give over to the prosecution 30 days in advance of trial, all of its discovery.

Prosecution is supposed to provide the defense with the discovery on a continuous basis if it did not disclose it at arraignment."

I imagined CO law is similar. And it looks to be. What I found about that is:

The CO code of criminal procedure appears to state 21 days after the first appearance and/or 35 days before trial, based on certain circumstances. Probably if they didn't have the discovery within 21 days of the first appearance they'd have to present whatever else they get 35 days before trial.

Making Discovery Under Colorado Law (Getting The Police Reports) In A Colorado Criminal Case
(It's a long article but he cites the relevant and lengthy code. He also describes the types of discovery which may be super interesting to non-lawyers on here. The time limits are in the code -Rule 16).

Law partner states:

"There are always issues with the state withholding evidence. Brady versus Maryland, United States Supreme Court case: -The prosecution has an affirmative duty to turn over all evidence. Which includes inculpatory as well as exculpatory evidence.

Failure to turn over evidence can lead to exclusion of the evidence that has not been turned over."

Looks like in CO, mistrial is also possible for violation of discovery rules:

Uncovering Your Opponents Case – Colorado Discovery Process

 

[gitana1]

Weld County judge to hear arguments over Watts family autopsy reports
Weld County Assistant Attorney Karin McDougal, who is one of the attorneys representing Weld County Coroner Carl Blesch, filed the hearing notice Tuesday morning. The hearing about the autopsy reports for Shanann Watts, 34, and her two daughters, Bella, 4, and Celeste, 3, will take place at 9 a.m. Dec. 21 before Weld District Court Judge Todd Taylor.

Hearing on release of Watts autopsies set for December
The hearing on a petition to seal the autopsy reports in the murder case against Christopher Watts will be Dec. 21 in Weld County District Court.

Around 35 parties have filed Colorado Open Records Act requests for the autopsies.

Holy smokes! Must all be news organizations I'm thinking.

Well, almost two months to wait for those reports.

This is going to be a loooong case.

 

[gitana1]

I don't think he would have been able to force her to kill her own children. She would rather die first I'm sure.

Yeah. I don't think any mom would do that. It's more than a Sophie's choice kind of situation because the two babies are there, alive and beloved. She didn't have the same relationship with the baby in her womb.

And any real mom would gladly die before letting their child be harmed.

 

[PommyMommy]

@Colorado303

Ok. Here's what the law partner stated on discovery:

"In California Discovery must be exchanged at the first available opportunity. Defense must give over to the prosecution 30 days in advance of trial, all of its discovery.

Prosecution is supposed to provide the defense with the discovery on a continuous basis if it did not disclose it up on arrangement."

I imagined CO law is similar. And it looks to be. What I found about that is:

The CO code of criminal procedure appears to state 21 days after the first appearance and/or 35 days before trial, based on certain circumstances. Probably if they didn't have the discovery within 21 days of the first appearance they'd have to present whatever else they get 35 days before trial.

Making Discovery Under Colorado Law (Getting The Police Reports) In A Colorado Criminal Case
(It's a long article but he cites the relevant and lengthy code. He also describes the types of discovery which may be super interesting to non-lawyers on here. The time limits are in the code -Rule 16).

Law partner states:

"There are always issues with the state withholding evidence. Brady versus Maryland, United States Supreme Court case: -The prosecution has an affirmative duty to turn over all evidence. Which includes inculpatory as well as exculpatory evidence.

Failure to turn over evidence can lead to exclusion of the evidence that has not been turned over."

Looks like in CO, mistrial is also possible for violation of discovery rules:

Uncovering Your Opponents Case – Colorado Discovery Process

Thank you Gitana, for taking the time to consult with your law partner, research the discovery process and put this together for us. Much appreciated. Off to read!
MOO

 

[MsBetsy]

I think someone said she was possibly strangling one of the girls while he was strangling her at the same time.

I know I know

That was probably me and I was being sarcastic. I don't remember what the context of the conversation was, it was awhile ago. It was something to do with how absurd his story was.

 

[gitana1]

Thank you Gitana, for taking the time to consult with your law partner, research the discovery process and put this together for us. Much appreciated. Off to read!
MOO

You're welcome! I'm being bad and brushing aside boring work I should be doing!! So I will be in trouble later and have to catch up be losing a couple hours of sleep.

But this case is much more intriguing than what I have to do right now. Ugh so boring.

 

[Colorado303]

@Colorado303

Ok. Here's what the law partner stated on discovery:

"In California Discovery must be exchanged at the first available opportunity. Defense must give over to the prosecution 30 days in advance of trial, all of its discovery.

Prosecution is supposed to provide the defense with the discovery on a continuous basis if it did not disclose it up on arrangement."

I imagined CO law is similar. And it looks to be. What I found about that is:

The CO code of criminal procedure appears to state 21 days after the first appearance and/or 35 days before trial, based on certain circumstances. Probably if they didn't have the discovery within 21 days of the first appearance they'd have to present whatever else they get 35 days before trial.

Making Discovery Under Colorado Law (Getting The Police Reports) In A Colorado Criminal Case
(It's a long article but he cites the relevant and lengthy code. He also describes the types of discovery which may be super interesting to non-lawyers on here. The time limits are in the code -Rule 16).

Law partner states:

"There are always issues with the state withholding evidence. Brady versus Maryland, United States Supreme Court case: -The prosecution has an affirmative duty to turn over all evidence. Which includes inculpatory as well as exculpatory evidence.

Failure to turn over evidence can lead to exclusion of the evidence that has not been turned over."

Looks like in CO, mistrial is also possible for violation of discovery rules:

Uncovering Your Opponents Case – Colorado Discovery Process

WOW. Great job! Thank you for researching this. Was CW's "first appearance" the court hearing he had the week after the murder, or was that something else and the first hearing is the one coming up in November?

 

[Kensie]

So glad this thread has been re-opened. Now to go catch up.

 

[mtnlites]

You're welcome! I'm being bad and brushing aside boring work I should be doing!! So I will be in trouble later and have to catch up be losing a couple hours of sleep.

But this case is much more intriguing than what I have to do right now. Ugh so boring.

I really appreciate reading posts from everyone on here. I think most of us have busy lives, full -time jobs, families to tend to, etc. (I don't know anyone who doesn't have at least 10 things going on at once these days) so it warms my heart to see so many people coming together every day to keep the momentum going on some of these cases. I have two major deadlines coming up myself and yet I can't tear myself away, ha ha. I like to think that every little bit of attention that the case gets is helpful, keeps it from leaving people's consciousness. I know you've got your own stuff going on so thank you for taking your time to come in and explain some of this to those of us who get lost in the legal aspects.

 

[gitana1]

WOW. Great job! Thank you for researching this. Was CW's "first appearance" the court hearing he had the week after the murder, or was that something else and the first hearing is the one coming up in November?

That was his first appearance.

 

[DexterMorgan]

That was probably me and I was being sarcastic. I don't remember what the context of the conversation was, it was awhile ago. It was something to do with how absurd his story was.

Oh okay. I wasn't sure who. I just remembered it because it was a very unique theory. I gave it a E for effort though.

 

[Thepoet]

@Colorado303

Ok. Here's what the law partner stated on discovery:

"In California Discovery must be exchanged at the first available opportunity. Defense must give over to the prosecution 30 days in advance of trial, all of its discovery.

Prosecution is supposed to provide the defense with the discovery on a continuous basis if it did not disclose it at arraignment."

I imagined CO law is similar. And it looks to be. What I found about that is:

The CO code of criminal procedure appears to state 21 days after the first appearance and/or 35 days before trial, based on certain circumstances. Probably if they didn't have the discovery within 21 days of the first appearance they'd have to present whatever else they get 35 days before trial.

Making Discovery Under Colorado Law (Getting The Police Reports) In A Colorado Criminal Case
(It's a long article but he cites the relevant and lengthy code. He also describes the types of discovery which may be super interesting to non-lawyers on here. The time limits are in the code -Rule 16).

Law partner states:

"There are always issues with the state withholding evidence. Brady versus Maryland, United States Supreme Court case: -The prosecution has an affirmative duty to turn over all evidence. Which includes inculpatory as well as exculpatory evidence.

Failure to turn over evidence can lead to exclusion of the evidence that has not been turned over."

Looks like in CO, mistrial is also possible for violation of discovery rules:

Uncovering Your Opponents Case – Colorado Discovery Process

Thanks for all your hard work Gitana and for sharing. It's greatly appreciated.

 

[Thepoet]

So glad this thread has been re-opened. Now to go catch up.

Welcome back! We're all catching up as more comes in!

 

[Sincerely]

I am watching Forensic Files and the investigators are talking about determining who strangled the victim by obtaining skin cells from the neck (there would be a lot of skin cells from the strangler-different case). This made me think of CW and his request for DNA from the girls' necks. I wonder if he watched crime shows? It's been mentioned numerous times before, but I am really stuck on why his attorney requested this...knowing the chance of lifting DNA from their necks was slim to none. So then, is this going to be another Baez-style attorney who attempts to create doubt with lies? Or, did CW really believe SW's skin cells was going to be numerous on the girls' necks (much more than his) because he made sure that would be there? I really don't understand this move.

 

[MsBetsy]

Oh okay. I wasn't sure who. I just remembered it because it was a very unique theory. I gave it a E for effort though.

Yes, well I can be a bit salty at times. I was attemping to prove a point while trying not to be too facetious.

 

[DexterMorgan]

Yes, well I can be a bit salty at times. I was attemping to prove a point while trying not to be too facetious.

Agree. We were mulling on possibles due to his lack of scratches or fight marks. So the post gave me a good chuckle.

 

[DexterMorgan]

If the motion was to save SW information from the public then her family and the prosecution would be more proactive.

So I doubt this hippa thing has anything to do with her. Jmo

 

[Backstroke10]

@Backstroke10 I'm not sure you started it--I may well have. Since SW and the girls were discovered I've been trying to think of a motive that made sense. When I saw the ex parte request HIV clicked as a possible motive. Frankly, maybe the only one that made sense IMO. I wasn't thinking of his sexual preference or alleged male lover when I thought of it, but his apparent promiscuity did cross my mind. I have no idea if CW has HIV or anything else. It was pure speculation, and I was asking the legal experts if that might explain his HIPAA/ex parte request.

To make it clear, I also wasn't thinking nor did I mean to insinuate a male partner would lead to HIV. Several of my very good friends are gay, and none of them are HIV positive to my knowledge. However, I do know one straight woman who contracted HIV from a male partner.
MOO

LOL thanks Colorado303, but I don't think it was you at all. I'm pretty sure it was me lol I did the same thing as well (trying to figure out a motive since the beginning). I have been on here for years reading about cases but had never posted until this case. My first post was my theory about him being gay, etc. When that plea came out recently, it was the first thing I thought about. I agree with everything you said. It wasn't ONLY about the man that alleges the affair; it was his AP, potential extensive promiscuity, and talking to my son and to nearly all of his gay friends at one time or another. They all struggled (and still do) with the fact they are gay and because of that mental struggle, they told me they had numerous "relationships" with women before coming out. So anyway, my theory is kind of out there and probably completely wrong but hey, it's a theory.