FL - Coralrose Fullwood, 6, found murdered, North Port, 17 Sept 2006

[Reannan]

Thanks Ang50, I went back and read the previous post again, and it made sense. It has been a long day, and I need to go lick my wounds before doing battle again tomorrow. Goodnight all.....

 

[blaize]

b/c the dad, not atty, was arrested for child .

It's typical in most child protective actions that each parent will have an attorney. It would be a conflict of interest for this atty to represent both b/c at some point they are probably going to have to start pointing fingers at each other.

Right that's it exactly, especially because of the child . I know no connection has been made between Dale possessing the child and then deleting it the day before Coralrose was murdered but at some state that's bound to become a point of contention.

 

[blaize]

Coralrose Fullwood's family still apart (Source)

ELAINE ALLEN-EMRICH

Wednesday, November 29, 2006


(Excerpt towards the end of the article)


Coleman represented the couple in court several times. However, Dale Fullwood, 46, was arrested on Oct. 11 on two counts of possession of child . He is being held at the Sarasota County Jail on $50,000 bond.

Shortly after, Coleman filed a brief with the court to withdraw from representing Dale, stating there was a conflict of interest between the couple and the grandparents. However, Coleman later changed his mind.

On Wednesday, Coleman told the judge several times the only reason he thought there was a conflict was because Dale was arrested. But he believed he could still represent the couple equally.

"I haven't spoke to Dale since he was arrested," Coleman said. "Therefore, I have no information that would contradict either of the
Fullwoods' testimonies. His wife can not be forced to speak about the arrest because of marital privilege. We are on the same side.

If anything, the state and DCF would be the opposing side." (Source)




If EBH knows anything or has the slightest suspicion & has any sense I hope she'll tell the court what they need to know when the case resumes.

 

[RiverRat]

Synopsis: Dale and Ellen-Beth Fullwood appear in court Tuesday for a hearing on the custody of their four children, taken from them by the Department of Children and Families. The court is also hoping for a clarification as to who will be representing Ellen-Beth and the children. Both parents now have new lawyers.


SARASOTA - Ellen-Beth Fullwood left the courthouse alone Wednesday. Unlike prior hearings, this time she didn't have her husband or an attorney to shield her from the television cameras and reporters.

What was supposed to be a custody hearing for Ellen-Beth and Dale Fullwood, the parents of 6-year-old Coralrose, slain in North Port in September, turned into a ruling that the couple needed separate attorneys.

Coralrose was found Sept. 17 at a construction site two blocks from her Calabash Lane home. Two days later, a judge found the living conditions in the Fullwood home deplorable and awarded temporary custody of the other four Fullwood children, ages 4 to 13, to their grandparents in Cape Coral.

Ellen-Beth, 41, who entered the courtroom with Fort Myers lawyer John Coleman, was reassigned a court-appointed attorney by Circuit Court Judge Rick DeFuria.

Coleman represented the couple in court several times. However, Dale Fullwood, 46, was arrested on Oct. 11 on two counts of possession of child . He is being held at the Sarasota County Jail on $50,000 bond.

Shortly after, Coleman filed a brief with the court to withdraw from representing Dale, stating there was a conflict of interest between the couple and the grandparents. However, Coleman later changed his mind.

On Wednesday, Coleman told the judge several times the only reason he thought there was a conflict was because Dale was arrested. But he believed he could still represent the couple equally.

"I haven't spoken to Dale since he was arrested," Coleman said. "Therefore, I have no information that would contradict either of the Fullwoods' testimonies. His wife can not be forced to speak about the arrest because of marital privilege. We are on the same side. If anything, the state and DCF would be the opposing side."

But one of the five Department of Children and Families representatives told the judge there was a clear conflict. Additionally, a lawyer from the guardian ad litem program, representing the Fullwood children, also expressed concern about Coleman further defending the couple.

With his wrists and legs shackled and wearing an orange jumpsuit labeled "Jail," Dale Fullwood was accompanied by his court-appointed attorney Debra Salsbury. As he entered the courtroom, Ellen-Beth shook her head and looked away. The two stood at separate podiums.

"It is irrefutable that there is a conflict just by the nature of the relationship between the attorney and client," Salsbury said.

Salsbury told DeFuria she would be representing Dale's best interests. Then she asked Dale who he wanted to represent him.

"I would rather have you," he told Salsbury.

The judge granted his wish.

He explained that Coleman would be disqualified. He also called Coleman "well-prepared and passionate" about representing the couple, however, he believed a conflict existed, DeFuria said.

He asked Ellen-Beth to disclose her finances. As the sole provider in her household, Ellen-Beth told DeFuria she is paying her parents every other week to help with the children, and she is paying their insurance. Ellen-Beth also said she has $147,000 in student loans.

"I am planning to move to Lee County," Fullwood told the judge.

DeFuria appointed public defender Linda Griffin to represent Ellen-Beth.

As the attorneys and the judge were setting a Feb. 14 trial date, Ellen-Beth clutched her chest in objection.

"My children are still grieving at the loss of their sister," Ellen-Beth said. "And yet they still are out of my care. What's being done by the state is harming them. My 4-year-old tells me, 'The judge said I can stay.' He doesn't understand why I have to leave (due to court-ordered supervised visits)." The couple was ordered not to live in the same house as the children and can visit them only under the grandparents' supervision.

Ellen-Beth said she understood the new lawyers needed time to review the case but asked that the court hearings be moved up.

"Just because the trial is in February, that doesn't mean you can't possibly get your children back sooner," DeFuria told her.

Ellen-Beth said she was told her mother would have custody of the children for six months.

"That's plain wrong," DeFuria said. "I'm the one who will tell you when you can get your children back."

Dale Fullwood is scheduled for a bond reduction hearing Friday.

http://www.sun-herald.com/Newsstory.cfm?pubdate=113006&story=tp5ch10.htm&folder=NewsArchive2

 

[Taximom]

I can't imagine her pain at having to wait for Feb. 14th (of all days, really) for further activity on this custody hearing.

I'm glad the last report stated what she did when Dale entered (shaking her head); and her reaction to the postponement. I truly feel sorry for her. (Please don't flame me for my opinion as I will not respond to that.)

Thanks again, RiverRat, for keeping us updated.

 

[tezi]

RR,

Thanks for the update.

What are his chances at a bond reduction?

 

[Ang50]

I'd have to disagree with the attorney asserting that there was not a conflict. To get the children back, the parents will have to show that they have a fit household. EBF can do this if the house is clean, etc. But if Dale is there, or would return, pending the child investigation, then it's obviously much harder to convince a judge that the house is safe for kids.

Of course, Dale is innocent until proven guilty on his criminal charge, but the judge can still take the charge into account when making a decision. So EBF may have to agree to keep Dale away in order to get the kids back. That's why there a conflict.

 

[SewingDeb]

I can't imagine her pain at having to wait for Feb. 14th (of all days, really) for further activity on this custody hearing.

I'm glad the last report stated what she did when Dale entered (shaking her head); and her reaction to the postponement. I truly feel sorry for her. (Please don't flame me for my opinion as I will not respond to that.)

Thanks again, RiverRat, for keeping us updated.

Hopefully the judge won't make her wait until then for a decision. He did say he will decide.

 

[Ang50]

Hopefully the judge won't make her wait until then for a decision. He did say he will decide.

Most states have laws on timing and how long the state can keep a child from the parents w/o progress on the case. However, the case can be postponed for many reasons, including atty schedules, a clogged court, etc. A new atty is cause to postpone any rulings.

If Dale isn't in the picture, EBF will get the kids back and have visitations from social workers. I would doubt supervision would be a requirement.

 

[RiverRat]

I wish that you guys could have seen the local video coverage this week because to me - body language speaks volumes. Ellen does seem to have put distance between herself and her husband, but I will wait until he bonds out to make my final call here.

Thanks to all for keeping up with this case with me.

 

[RiverRat]

Judge reduces bail of Coralrose's father
But Dale Fullwood's attorney says it's still too high

By GINNY LAROE


SARASOTA -- A judge on Thursday reduced Dale Fullwood's bail but stopped short of setting it at the recommended $1,000 per count because he said the the father of a slain North Port girl is accused of downloading is the "most egregious possible."

Responding to an order issued by a state appeals court, Circuit Court Judge Charles E. Roberts lowered Fullwood's bail from $50,000 to $10,000, an amount his attorney says is still too high. "It's likely that I am going to request a rehearing," said Assistant Public Defender Adam Tebrugge. "I'm not completely satisfied with the order that he issued."

Fullwood, 46, who is charged with two counts of possession of child , is more than $100,000 in debt, and his wife, Ellen-Beth Fullwood, and other family members have not come to his aid.

Dale Fullwood was arrested Oct. 11 after investigators said they determined that two videos on his laptop computer contained images of a girl under the age of 12 being raped.

On Sept. 17, the day his 6-year-old daughter, Coralrose, was found dead, Fullwood told investigators he owned child , according to a report. Fullwood has pleaded not guilty to both child counts. Though bail for this type of felony is typically set at $1,000, Roberts cited a previous case, where a man charged with the same crime apparently fled the country, as a reason for a higher amount.In court documents, Tebrugge argued that Fullwood is not a flight risk or danger to the community, saying Fullwood voluntarily turned himself in at the North Port Police Department the day of his arrest and had been employed at a Fort Myers bar.

Ellen-Beth Fullwood has repeatedly declined to be interviewed and has recently disconnected her phone line.

Police have released few details about Coralrose's death and say they do not have a suspect in the case.

Assistant State Attorney Steve Zimath did not return calls seeking comment.

 

[RiverRat]

Sooooooooo, a $1000.00 bond will let this productive member of society back on my streets. :banghead: :banghead: :banghead:

 

[Taximom]

Thank you again, RiverRat, for all the articles you link (and other observations).

 

[akgal]

Has he been cleared in his daughter's death?

 

[Sheromom]

Sooooooooo, a $1000.00 bond will let this productive member of society back on my streets. :banghead: :banghead: :banghead:

Yes; and perhaps homeless at that!!! His wife would be extremely stupid to let him back in the house.

 

[blaize]

Has he been cleared in his daughter's death?

He hasn't been named as a person of interest or charged with anything other than the child on his puter as yet. LE are being very careful not to link the two cases.


blaize

 

[j2mirish]

Judge reduces bail of Coralrose's father
But Dale Fullwood's attorney says it's still too high

By GINNY LAROE


SARASOTA -- A judge on Thursday reduced Dale Fullwood's bail but stopped short of setting it at the recommended $1,000 per count because he said the the father of a slain North Port girl is accused of downloading is the "most egregious possible."

Responding to an order issued by a state appeals court, Circuit Court Judge Charles E. Roberts lowered Fullwood's bail from $50,000 to $10,000, an amount his attorney says is still too high. "It's likely that I am going to request a rehearing," said Assistant Public Defender Adam Tebrugge. "I'm not completely satisfied with the order that he issued."

Fullwood, 46, who is charged with two counts of possession of child , is more than $100,000 in debt, and his wife, Ellen-Beth Fullwood, and other family members have not come to his aid.

Dale Fullwood was arrested Oct. 11 after investigators said they determined that two videos on his laptop computer contained images of a girl under the age of 12 being raped.

On Sept. 17, the day his 6-year-old daughter, Coralrose, was found dead, Fullwood told investigators he owned child , according to a report. Fullwood has pleaded not guilty to both child counts. Though bail for this type of felony is typically set at $1,000, Roberts cited a previous case, where a man charged with the same crime apparently fled the country, as a reason for a higher amount.In court documents, Tebrugge argued that Fullwood is not a flight risk or danger to the community, saying Fullwood voluntarily turned himself in at the North Port Police Department the day of his arrest and had been employed at a Fort Myers bar.

Ellen-Beth Fullwood has repeatedly declined to be interviewed and has recently disconnected her phone line.

Police have released few details about Coralrose's death and say they do not have a suspect in the case.

Assistant State Attorney Steve Zimath did not return calls seeking comment.

I am not a fan of most defense attorneys--- but this one really goes up my a.....--- he was the defense attorney in the Carlie Brucia case in Sarasota-- he defended Joseph Smith..........:furious: :behindbar didnt do so well- but still- I cant imagine trying to defend someone in a case like this :doh:

 

[txsvicki]

I'd have to disagree with the attorney asserting that there was not a conflict. To get the children back, the parents will have to show that they have a fit household. EBF can do this if the house is clean, etc. But if Dale is there, or would return, pending the child investigation, then it's obviously much harder to convince a judge that the house is safe for kids.

Of course, Dale is innocent until proven guilty on his criminal charge, but the judge can still take the charge into account when making a decision. So EBF may have to agree to keep Dale away in order to get the kids back. That's why there a conflict.

I agree. Child Welfare won't handle the case much after 6 months. If things aren't resolved or Beth is looking like she won't protect the children, cooperate, and provide a clean home and food, they will start trying to get the grandparents to take legal custody of the kids. I am more concerned about who is representing the kids and making sure that their lives are safe than what happens to that pervert Dale. Hope that judge does take his activities and suspicions around the murder into account and make sure that Beth will keep him away. She really needs to quit publicly criticizing everything and keep her mouth shut and cooperate. I'm just wondering if Beth will have to be officially cleared of the murder before she gets her children back even if they don't outright say it or word it that way.

 

[Ang50]

I agree. ...I am more concerned about who is representing the kids and making sure that their lives are safe than what happens to that pervert Dale. Hope that judge does take his activities and suspicions around the murder into account and make sure that Beth will keep him away. ... I'm just wondering if Beth will have to be officially cleared of the murder before she gets her children back even if they don't outright say it or word it that way.

Very good points. Two comments:

1) There is a RIDICULOUSLY high correlation between men who harm children and men who possess child . Almost ALL men who harm kids (molest, abuse, kill) possess child . The reverse isn't true (not all sicko child viewers molest kids) but many do. That's what makes Dale such a primo suspect in Coralrose's murder.

2) I wonder about this too. I wonder what the stats are on women killing their kids, but then staging something outside the home. The Ricky Holland murder is the only one that comes to mind. But it just doesn't seem like Beth is a suspect w/ the police. However, if Dale viewed child and/or was harming Coralrose, you have to wonder if Beth knew. And if she did and didn't protect the kids, then that may affect her custody rights.

I think police and DA action in this case shows that they think Dale is a suspect in the murder or else bail would be lower and kids may not have been taken away. You don't keep the father of a murdered girl in prison for any reason if you think her killer is out there.

 

[southcitymom]

I am not a fan of most defense attorneys--- but this one really goes up my a.....--- he was the defense attorney in the Carlie Brucia case in Sarasota-- he defended Joseph Smith..........:furious: :behindbar didnt do so well- but still- I cant imagine trying to defend someone in a case like this :doh:

Thank God for defense attorneys like this who are willing to provide those among us charged with the most heinous offenses a vigorous, impassioned defense. Our system of justice - not perfect, but one of the best in the world - demands this type of zealous representation for all people who are accused of crimes.

Without the Adam Tebrugges of the world, our justice system would be like Iran's.