GUILTY FL - Lonzie Barton, 2, Jacksonville, 24 July 2015 - #9

[MsMarple]

Ken Amaro ‏@kangel6 now41 seconds ago Florida, USA
Mr Evron (sic) is in the courtroom, his wife is not here @FCN2go

 

[Paulas88]

Chris Parenteau ‏@WJXTChris now40 seconds ago
Sgt Coarsey has been excused. Court in recess for 5 minutes.

Wow, it's 3:30 there. Will they finish the motions today??

Thank you for keeping us updated MsMarple and PJFL! Much appreciated.

 

[MsMarple]

Ken Amaro ‏@kangel6 2m2 minutes ago Florida, USA
The attorneys were just called to the judges chambers

Lorena Inclán ‏@LorenaANjax now52 seconds ago
Williams rule is also expected to be discussed today not sure we will get to it depending on what judge says @ActionNewsJax

 

[MsMarple]

I hate to say it but unless the judge considers the October consent search to be permission by Ebron that would also have applied in July this could be an uphill battle. The judge is aware that phone searches have been thrown out on appeal in Florida when there was no written form. His decision not only impacts this trial but also if Ebron is eventually charged with Lonzie's murder.

 

[MsMarple]

Chris Parenteau ‏@WJXTChris 1m1 minute ago
Judge Borello back in courtroom. No further witnesses from either side on motion to suppress.

Chris Parenteau ‏@WJXTChris now1 minute ago
Mantei: "none of them (phone searches) were conducted with a warrant" but voluntary consent is exception to needing consent.

Ken Amaro ‏@kangel6 now51 seconds ago Florida, USA
What is your legal standing? asked Judge Borello @FCN2go

Ken Amaro ‏@kangel6 now19 seconds ago Florida, USA
State attorney cites a 2006 case

 

[matou]

Larry Hannan ‏@LarryHannan 4m4 minutes ago
Mantei argues that Ebron voluntarily consented to have his phone searched, and the search should not be suppresed.

Larry Hannan ‏@LarryHannan 4m4 minutes ago
It's true that Ebron requested his phone back, but never told them to stop searching his phone.

Larry Hannan ‏@LarryHannan 3m3 minutes ago
Ebron never withdrew his consent to having the phone searched, Mantei argues.

Larry Hannan ‏@LarryHannan 50s51 seconds ago
Ebron continued giving them passwords and other things from his phone, Mantei said.

 

[MsMarple]

Larry Hannan ‏@LarryHannan 4m4 minutes ago
Mantei argues that Ebron voluntarily consented to have his phone searched, and the search should not be suppresed.

Larry Hannan ‏@LarryHannan 4m4 minutes ago
It's true that Ebron requested his phone back, but never told them to stop searching his phone.

Larry Hannan ‏@LarryHannan 3m3 minutes ago
Ebron never withdrew his consent to having the phone searched, Mantei argues.

Larry Hannan ‏@LarryHannan 50s51 seconds ago
Ebron continued giving them passwords and other things from his phone, Mantei said.

:seeya: Thanks matou! Let's hope the judge sees it the same way!

 

[matou]

Oh this is good....

Larry Hannan ‏@LarryHannan 3m3 minutes ago
Ebron also told Florida Star that he gave police his phone and told them they could do whatever they wanted with it, Mantei said.

 

[MsMarple]

Ebron giving consent to let LE search his phone is different than LE seizing it during arrest and so a warrant isn't necessarily required. I think defense is arguing that Ebron didn't consent to LE searching everything on his phone, just GPS info and also whether he revoked consent when he asked for his phone back.

I'm not a lawyer but that argument may not hold in this case.

 

[MsMarple]

Chris Parenteau ‏@WJXTChris 15m15 minutes ago
ASA Mantei citing previous case law involving consent to search, revoking consent to show phone search was done legally, consent not revoked

Chris Parenteau ‏@WJXTChris 7m7 minutes ago
Mantei: if saying he wanted to leave and wanted his phone back is enough to be revoking consent, then staying should be a sign of consent.

Chris Parenteau ‏@WJXTChris 35s36 seconds ago
Boyle: 3 ?'s court must answer, has state met burden proving Ebron gave consent? Was consent limited in some way? Did he withdraw consent?

Chris Parenteau ‏@WJXTChris 3s4 seconds ago
Boyle says if any of those are answered in defendant's favor, the evidence must not be allowed.

 

[MsMarple]

Larry Hannan ‏@LarryHannan 1m1 minute ago
Judge borello says he'll take this issue under advisement. Won't rule today on suppressing cell phone data.

Larry Hannan ‏@LarryHannan now3 seconds ago
Borello said he'll rule on this tomorrow.

Chris Parenteau ‏@WJXTChris now17 seconds ago
Judge will take matter under under advisement. Will have ruling tomorrow. Will also hear Williams Rule at 2 pm tomorrow.

 

[MsMarple]

So what do you think? Oddly enough, while Mantei (the state) seemed to be stretching at times during his arguments it was Boyle's (defense) arguments that make me lean towards the judge denying the motion to supress.

Oh well, I guess we'll see tomorrow. The Williams Rule is another big issue. And:

Chris Parenteau ‏@WJXTChris now40 seconds ago
Just spoke to Ruben Ebron's father who says he's hopeful his Son gets a fair trial, but he feels up to this point it has been prejudicial.

 

[MsMarple]

Lorena Inclán ‏@LorenaANjax 1m1 minute ago
Attorney for Lonna Barton tells me she will be testifying in tomorrow's hearing @ActionNewsJax

 

[krig101]

Lorena Inclán ‏@LorenaANjax 1m1 minute ago
Attorney for Lonna Barton tells me she will be testifying in tomorrow's hearing @ActionNewsJax

That will be interesting to say the least.

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[krig101]

Thank you for keeping us updated MsMarple and PJFL! Much appreciated.

YES! [emoji3] Thank you!!!!

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[Paulas88]

YES! [emoji3] Thank you!!!!

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You too matou :loveyou:

 

[Suthrnqt]

Marking my spot y'all.

 

[seattlechiquita]

Hi everyone. Grabbing my seat.

 

[flourish]

Hi sweets! Brew up a nice mocha with real caramel for me, k?

 

[swedie]

raying: Justice for Lonzie. Where are you Sweetheart?