GUILTY FL - Emanuel Murray, 3 mos, thrown from car, dies, Tampa, 5 May 2009

[zoey]

Awesome news! And what a great case the State put forward.

We better get a good nights sleep, tomorrow is going to be a hummdinger :scared:

I hope the defense uses the short guy and the woman. I need a break from Mr. Abrasive

He is abrasive!!!

 

[atthelake]

Elaine Silvestrini ‏@ElaineTBO 1m
Defense to argue in the morning for a judgment of acquittal. Standard motion at the end of almost every prosecution case. #McTearTrial.

Elaine Silvestrini ‏@ElaineTBO 1m
Defense expects to finish its case by end of day tomorrow. #McTearTrial
bbm

Elaine Silvestrini ‏@ElaineTBO 1m
Judge planning for summations Wednesday morning. Then he may instruct them early Thursday with deliberations after. #McTearTrial

To those that have posted updates throughout... :blowkiss: !!! :grouphug:

 

[katydid23]

The defense case will be short because this guy doesnt have any.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 2m
"Someone else is the person who killed this child. There's no evidence linking Mr. #McTear" to the killing, defense argues.

Elaine Silvestrini ‏@ElaineTBO 2m
2 main suspects, #McTear defense says, Jasmine Bedwell and Liderrius Moore.

Elaine Silvestrini ‏@ElaineTBO 2m
#McTear defense pointing finger at baby's more and her friend as the suspects.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 2m
CX - #McTear defense pointing finger at baby's mother and her friend as suspects.

Amy Mariani ‏@AmyMariani 13m
I'm pool cam for the #McTearTrial today. I'll do my best to tweet -- but you can always follow @ElaineTBO for up-to-the-minute live updates

I am trying to find a link and not having any luck so far. I guess the defense is arguing for dismissal. imo

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 1m
#McTear defense listing several calls between Jasmine Bedwell and Lidarrius Moore B4 the baby was killed.

Elaine Silvestrini ‏@ElaineTBO 6s
"It's hard to say what they did w/the child, but there was certainly opportunity for Lidderius or Jasmine to do something." #McTearTrial

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 1m
Don't know if anyone live streaming #McTear. @MyFoxTampaBay was working on it last I heard.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 2m
#McTear was very good with the baby, defense lawyer arguing.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 39s
"There's no evidence" #McTear drove the Blue Malibu and threw the baby on Interstate 275, defense is arguing.

Elaine Silvestrini ‏@ElaineTBO 58s
The prosecution "has not overcome our reasonable hyphothesis of innocence with any evidence," #McTear defense argues.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 25s
#McTear can't be convicted of burglary, defense argues. Although Bedwell asked him to leave in late April, he had belongings there

Elaine Silvestrini ‏@ElaineTBO 25s
#McTear also had his name on the cable bill at Bedwell's apartment, the defense says, arguing he can't be convicted of burglary.

 

[Jewels53]

Cathy ‏@courtchatter 1m
#McTearTrial #McTear live stream. http://courtchatter.tv/mctear.htm

This stream is from the ABC Action News not sure what call numbers that would be.

 

[Jewels53]

Here is the direct link to WFTS ABC Action News

http://www.abcactionnews.com/video/abc-action-news-now

 

[Jewels53]

Cathy ‏@courtchatter 3m
Jury is not due in until 10am in #McTearTrial. #McTear defense arguing for dismissal of charges - standard at end of State case.

Elaine Silvestrini ‏@ElaineTBO 2m
"Mr. #McTear did not commit a burglary because this was his own residence," defense lawyer says. "There were no signs of forced entry."

Elaine Silvestrini ‏@ElaineTBO 2m
"If you have no burglary, then you have no felony murder" on that basis, #McTear lawyer argues. Other basis could be kidnapping.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 2m
Felony murder is a death that happens in the commission of another felony. So if no underlying felony, no felony murder. #McTearTrial

Elaine Silvestrini ‏@ElaineTBO 57s
#McTear defense now contesting that the prosecution has proven McTear kidnapped the baby.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 1m
"For all we know, some third person took" the baby, not Bedwell, not #McTear, defense argues.

Elaine Silvestrini ‏@ElaineTBO 1m
In order to kidnap, the child must be alive, #McTear defense argues. "There's no evidence the child was alive when the child was removed"

Elaine Silvestrini ‏@ElaineTBO 44s
The abduction "must be against one's will, and a person who is deceased does not have a will," #McTear lawyer says

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 1m
"How can you have against the will of an infant," #McTear judge wonders. "That's a good point," defense atty responds.

Elaine Silvestrini ‏@ElaineTBO 48s
If you take a baby away from their mother, they're going to cry, the defense atty says. So it has some will. #McTearTrial

Elaine Silvestrini ‏@ElaineTBO 40s
these arguments are being made to the judge in #McTear. No jury here yet.

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 1m
#McTear lawyer cites North Carolina statute saying a kidnapping victim must be alive when taken. Florida statute silent, Xcept ref to "will"

Elaine Silvestrini ‏@ElaineTBO 1m
"I would argue there is a requirement that a person be alive," #McTear defense lawyer says re kidnapping charge.

Elaine Silvestrini ‏@ElaineTBO 26s
Re aggravated child abuse, #McTear defense argues, "there is no aggravated child abuse...The baby was fine" after being thrown.

 

[zoey]

It just dawned on me---I wonder if the abuse to both baby and mom was a jealous rage? :thinking:

 

[zoey]

:seeya:
Morning all!!!

 

[Jewels53]

Elaine Silvestrini ‏@ElaineTBO 51s
Judge has to consider the evidence at this state "in the light most favorable to the state," giving the prosecution the benefit of the doubt

Elaine Silvestrini ‏@ElaineTBO 1m
#McTear defense says all the prosecution has proved is the baby is dead.

Elaine Silvestrini ‏@ElaineTBO 1m
If the baby was killed when they were pushing and pulling him, "that's not a criminal act," #McTear defense says. "That's an accident."