DeDe requiring immunity to talk to the Grand Jury?

[AbbieNormal]

What can the GJ do if she's resolutely pleads the 5th?

I dunno, but my vote is to give her a good smack, one smack apeice from each of us at ws.
Ticks mew off she is keeping her mouth shut about what she knows when thres a little boy st stake. WTH is wrong with people these days???????

 

[SleuthyGal]

One's constitutional rights always trump...yes, even over a missing little boy. That's the way the founders of the country wrote it. That's what many military men and women have died for--protecting constitutional rights and freedoms.

If DDS is forced to appear before the GJ and she pleads her 5th amendment rights, then no info will be forthcoming.

LE & the DA don't want that. They want her to talk. They can't force her to testify against herself. That's in the constitution.

Hence...an immunity deal in which she will not be charged for whatever part she may have played in Kyron's disappearance (and likely death).

The value of the info she may have is such that the DA is willing to forgo prosecuting DDS in order to get it, if (total) immunity is granted.

 

[kathryann]

Does anyone know if the family (Kaine and Desiree) have a say in whether someone gets immunity or not? I would think that they would want Dede to be punished if she is involved, but like someone said if they can prove she was involved without granting immunity that would be the best.

 

[SleuthyGal]

Does anyone know if the family (Kaine and Desiree) have a say in whether someone gets immunity or not?

They have no say in anything related to how a jurisdiction carries out it's legal obligations.

Now, families are often consulted for their opinions on the death penalty, when it's a capital crime, and their feelings and desire on that will sometimes be taken into consideration.

 

[AbbieNormal]

How can they say she fully cooperating when she has remained silent and not answered questions for the GJ? Thats not fully cooperative, to me.

I think the poster who said she probably babysat baby K while Terii did something to Kyron is right.

 

[Adrienne37]

Well, since we don't know at this point if Kyron is dead or alive, let them grant immunity to Dede on a child endangerment charge and kidnapping and leave the possibility open to file murder charges against her if it is proven that he is deceased. I think the DA would have a few options here in that regard.

Truthfully, after that smirk on her face the last time, it would suit me if they locked her up and threw away the key but I understand if she has something to offer that giving her some form of immunity might be the key to finding Kyron as bad as I hate to see that happen. It's almost a damned if you do or damned if you don't situation.

 

[IRule254]

This is interesting. I have not doubt in my mind that she was the babysitter during this whole mess. And that she knew, generally speaking, why she was babysitting.

However, I don't think she was directly involved...and I think that the "details" were kept from her on purpose so she wouldn't fail a polygraph if she had to take one. ...I don't know if her testimony would help at all to actually bring this little guy home.

MOO.

 

[pittsburghgirl]

Prosecutors can't compel anyone to testify before a grand jury without giving him or her immunity. In a grand jury, it's not just the prosecutor who can ask questions; it's also the grand jurors, so a person with guilty knowledge or who committed a crime could potentially fact questions that don't follow the tighter rules for questions in a criminal trial. In short, testifying before a grand jury is fraught with danger, unless the witness is in fact merely a witness, e.g., someone who saw the crime being committed or the suspect in a particular place or who sold the suspect a murder weapon.

Bruce MCain, formerly of the Multnomah County Sherrif's office, on the Joy Behar Show:

MCCAIN: Well, two things, Shaun. I`m also a practicing law here in Oregon, so I kind of understand this grand jury process as well. I think it`s important to note that the grand jury can also be used as an investigative tool. So everybody is looking for imminent indictments.

We have a kind of juxtaposition right now between ongoing grand jury as well as very, very active evidence gathering search. So we may not see indictments out of this particular grand jury where the case could be withdrawn and represented.

http://transcripts.cnn.com/TRANSCRIPTS/1008/09/joy.01.html

And quoted in a story by KATU:

This is going to be up to the district attorney to look at DeDe Spicher and figure out what her criminal culpability is in this whole affair and decide, is she worth giving up in order to get someone else?” McCain said.


By giving up, McCain means forcing Spicher to testify and give up her right to silence. So far she has not given one word of testimony to the grand jury investigating Kyron’s disappearance.

http://katu.com/news/local/100490074.htmlYes

So that's the question for those of us on the sidelines. Is Spicher so deeply implicated that LE will be reluctant to give her immunity or a plea deal (which would require a plea of guilty to something from her?) Or will they take their time, continue to develop significant aspects of the case in public, and hope to bag everyone involved in Kyron's disappearance? I say they decide that they don't need her testimony at the GJ level, they continue to develop the case until they can charge both of them, and then they cut a deal with DS for testimony at the criminal trial. (Just my opinion, of course.) And I wonder if McCain is on TV so much because LE wants him there.

 

[pittsburghgirl]

Well, since we don't know at this point if Kyron is dead or alive, let them grant immunity to Dede on a child endangerment charge and kidnapping and leave the possibility open to file murder charges against her if it is proven that he is deceased. I think the DA would have a few options here in that regard.

Truthfully, after that smirk on her face the last time, it would suit me if they locked her up and threw away the key but I understand if she has something to offer that giving her some form of immunity might be the key to finding Kyron as bad as I hate to see that happen. It's almost a damned if you do or damned if you don't situation.

Another lesser charge would be custodial interference, as has been used in the disappearance of Gabriel Johnson. As I say above, I don't see a reason to give DS immunity. The case is still moving forward and she is under a lot of pressure to cooperate. If they give her immunity--she walks, no matter what she did. If they wait and charge her with something--say, custodial interference, as in the Gabriel Johnson case--she may roll over and testify at a criminal trial of TH. But she will also have to face consequences herself.

 

[helpfulcharlie]

I think the whole immunity thing is a dangerous game of cat and mouse. Wouldn't offering total immunity be a visible act of desperation, admitting that they can't prosecute the case without her assistance?

 

[wvjules]

How can they say she fully cooperating when she has remained silent and not answered questions for the GJ? Thats not fully cooperative, to me.

I think the poster who said she probably babysat baby K while Terii did something to Kyron is right.

How can she answer questions if they haven't asked her any? :waitasec:

 

[MysteryAddict]

Prosecutors can't compel anyone to testify before a grand jury without giving him or her immunity. In a grand jury, it's not just the prosecutor who can ask questions; it's also the grand jurors, so a person with guilty knowledge or who committed a crime could potentially fact questions that don't follow the tighter rules for questions in a criminal trial. In short, testifying before a grand jury is fraught with danger, unless the witness is in fact merely a witness, e.g., someone who saw the crime being committed or the suspect in a particular place or who sold the suspect a murder weapon.

Bruce MCain, formerly of the Multnomah County Sherrif's office, on the Joy Behar Show:

http://transcripts.cnn.com/TRANSCRIPTS/1008/09/joy.01.html

And quoted in a story by KATU:

http://katu.com/news/local/100490074.htmlYes

So that's the question for those of us on the sidelines. Is Spicher so deeply implicated that LE will be reluctant to give her immunity or a plea deal (which would require a plea of guilty to something from her?) Or will they take their time, continue to develop significant aspects of the case in public, and hope to bag everyone involved in Kyron's disappearance? I say they decide that they don't need her testimony at the GJ level, they continue to develop the case until they can charge both of them, and then they cut a deal with DS for testimony at the criminal trial. (Just my opinion, of course.) And I wonder if McCain is on TV so much because LE wants him there.

Thank you for helping me to understand the repercussions of granting Spicher immunity before the grand jury.

I agree with you, it's better they continue to develop the case until they can charge both of them.

The more information that comes out, the more I'm thinking Dede and Terri may be two of a kind and equally involved in Kyron's disappearance!

 

[hoppyfrog]

I believe that DS wants immunity because she assisted TH in disposing of Kyron's body.

I think either TH became enraged at Kyron and caused his death, or there was a terrible accident and Kyron died.

In either case, I think TH then panicked, called DS, and the two of them got rid of Kyron's body.

If DS gets immunity she will tell all and implicate TH. In a way, I hope that happens so that DS can also lead them to Kyron's body.

I do believe he will be found without DS's cooperation, in time and after the vegetation dies back in the fall.

Poor kid. He deserved so much better.

 

[PoppyH]

I believe that DS wants immunity because she assisted TH in disposing of Kyron's body.

I think either TH became enraged at Kyron and caused his death, or there was a terrible accident and Kyron died.

In either case, I think TH then panicked, called DS, and the two of them got rid of Kyron's body.

If DS gets immunity she will tell all and implicate TH. In a way, I hope that happens so that DS can also lead them to Kyron's body.

I do believe he will be found without DS's cooperation, in time and after the vegetation dies back in the fall.

Poor kid. He deserved so much better.

I doubt very seriously if Kyron is deceased it was an accident, Kyron should have been in school, if he he deceased Terri did it delibrately by taking him from the school JMO

 

[cluciano63]

I pretty much agree with all you've said, hoppy frog. But if she doesn't tell, I am afraid that they will never know what actually happened to Kyron or be able to determine cause of death, if he is dead. If that is what she did (help hide the body after an act of violence by Terri) then as unappetizing as it is, I would rather she gets immunity than to not find him for his family.

 

[hoppyfrog]

If that is what she did (help hide the body after an act of violence by Terri) then as unappetizing as it is, I would rather she gets immunity than to not find him for his family.

Completely agreed.

 

[hoppyfrog]

I doubt very seriously if Kyron is deceased it was an accident, Kyron should have been in school, if he he deceased Terri did it delibrately by taking him from the school JMO

I know what you are saying, but stranger things have happened.... I can imagine him following her from school towards the truck and she backing over him, not knowing he was there...or something like that.