Found Deceased FL - Madeline Soto, 13, Missing Child Alert, 13500 blk Town Loop Blvd, Orlando, 26 Feb 2024 *arrest* #14

[Gemmie]

I think SS is now realising that s*** is getting real for him. His mom and dad can’t save him this time!

And neither can his lies. JMO!

 

[lonetraveler]

it is totally waaaa waaaa. Here is Section (8) they are referencing:

(8) VICTIM IMPACT EVIDENCE.—Once the prosecution has provided evidence of the existence of one or more aggravating factors as described in subsection (6), the prosecution may introduce, and subsequently argue, victim impact evidence to the jury. Such evidence shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community’s members by the victim’s death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.

their motion seems to suggest their client committed a crime so heinous that even though the statute allows for victim impact statements the defense thinks that those statements would be so emotional and so upset the jury that they might unduly be swayed to sentence little Stephan to death.

1) GOOD, and
2) finding it hard to imagine JS summoning up any sort of emotion for her daughter during her impact statement. So I am not sure who they think is going to prejudice the jury.

I'm going to need serious therapy if JS is not charged.

 

[ttjo]

2) finding it hard to imagine JS summoning up any sort of emotion for her daughter during her impact statement. So I am not sure who they think is going to prejudice the jury.

I was just going to say, I haven't heard of anyone being overly emotional so far, so no worry there.

 

[ttjo]

Victim impact evidence: Such evidence shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community’s members by the victim’s death.

The Victim Impact Statement​

Section 960.001 of the Florida Statutes gives a victim, a minor victim's parent or guardian, or the next of kin in a homicide the right to submit a Victim Impact Statement (oral or written) to the Court prior to the sentencing of the defendant. This statement gives you the opportunity to describe how this crime has affected your life and what you would like to see happen to the defendant for committing this crime.

Only you know how to best describe the effects this crime has had on you and those close to you. We realize it may be difficult to put into words the impact this crime has had. Many victims find it helpful to organize their statement by the emotional, physical and financial effects. The following are some thoughts to get you started.

If you would like to tell the court about the emotional impact of this crime, you may want to consider:

• Has the crime affected your lifestyle or those close to you?
• Have your feelings about yourself or your life changed since the crime?
• Has your ability to relate to others changed?

If you or your family members were injured, you may wish to tell the court about the physical impact of this crime. You may wish to:

• Describe the physical injuries you or members of your family suffered.
• Describe how long these injuries lasted or how long they are expected to last.
• Describe any medical treatment you have received or expect to receive in the future.

If you suffered financial loss as result of the crime, you may want to:

• Discuss how this crime has affected your ability to earn a living.
• Describe examples of expenses you have paid or owe including medical bills or supplies; eyeglass or hearing aid replacement or repair; funeral expenses; lost, stolen or damaged property; the repair or replacement of door locks and security devices; counseling expenses; and lost wages from work.

**She will not budge a jury. She would have to convince them first that she had no knowledge or involvement before she could get any sympathy regarding impact.

State Attorney, 2nd Judicial Circuit > Victim Services > Services > The Victim Impact Statement

State Attorney, 2nd Judicial Circuit

www.sao2fl.org

 

[CuriousCricket]

Stephan Sterns is doing all he can to prevent a potential death sentence as his attorneys filed a series of motions this week seeking to have the penalty struck on the basis that it’s unconstitutional.
[snip]
Sterns’ attorneys in the murder case filed three separate motions on Thursday seeking to have the death penalty disqualified as a potential punishment, arguing it’s unconstitutional. All three motions argue that different aspects of the 1996 Florida statute that outline aggravating factors are overly vague and subject to be applied in an “arbitrary and inconsistent manner.”
Stephan Sterns argues potential death sentence is unconstitutional

that is rich. wee wittle Stephan is skeered silly.

Because I don't understand the law particularly well, I'm wondering . . .
a. SS's lawyers know the case is extremely strong with all the videos LE appears to have. In addition, of course, to SS's own phone.
b. So, are they laying groundwork for extended appeals? By jumping in early with "unconstitutional" will that open doors for more avenues of appeal that will give SS more time after he's sentenced to death?
c. Aren't his attorneys signaling they expect a conviction and the DP? If so, might this indicate the DA has told them no plea deal?

 

[NoSpoonFeeding]

**She will not budge a jury. She would have to convince them first that she had no knowledge or involvement before she could get any sympathy regarding impact.

You linked information about victim impact statements, but I don't see where this statement comes from. If it your opinion, then I am replying to that. The victim impact statements are given after the verdict, before sentencing by the judge. The jury will decide guilty or not guilty on each charge and if aggravating factors are present to warrant the death penalty. The judge will listen to the victim impact statements. My opiion is that if the mother wishes to give an impact statement, the judge will not be considering or judging her parental abilities. The suspect's actions stand alone, her shortcomings do not mitigate his monsterous actions or take away from the aggravating circumstances that qualify him for the death penalty (murdering MS with some kind of relationship to a sexual assault). Nowhere does it says that a mitigating circumstance (such as never having committed a crime, limited mental abilities, etc) include that a parent of a victim was suspected by the general public of wrong doing or whether LE considered it a possibility or not.
MOO

 

[ttjo]

You linked information about victim impact statements, but I don't see where this statement comes from. If it your opinion, then I am replying to that. The victim impact statements are given after the verdict, before sentencing by the judge. The jury will decide guilty or not guilty on each charge and if aggravating factors are present to warrant the death penalty. The judge will listen to the victim impact statements. My opiion is that if the mother wishes to give an impact statement, the judge will not be considering or judging her parental abilities. The suspect's actions stand alone, her shortcomings do not mitigate his monsterous actions or take away from the aggravating circumstances that qualify him for the death penalty (murdering MS with some kind of relationship to a sexual assault). Nowhere does it says that a mitigating circumstance (such as never having committed a crime, limited mental abilities, etc) include that a parent of a victim was suspected by the general public of wrong doing or whether LE considered it a possibility or not.
MOO

yes that last ( in blue) statement was my opinion, the rest comes from the link I posted.
You're right tho.. victim Impact statements come after the verdict, So maybe I am not understanding this " motion in Limine: to require the state to proffer any and all victim impact evidence" ( I link the motion below)
can you explain it in understandable terms. ( Im not a lawyer, and you sound like you understand) what victim-impact evidence are they talking about? Interviews?

Interesting...


Victim impact evidence, particularly in a death penalty trial, is normally of an extremely emotional nature, and has a high probability of unduly, unfairly, and unconstitutionally inflaming the jury, thereby making it impossible for the Defendant to get a fair sentencing phase of his trial, free of bias and prejudice.

View attachment 561797

https://courts.osceolaclerk.com/

 

[ttjo]

here is the full statute quoted in this motion Florida statute 921.141

This link was posted, maybe if it's a death penalty case, the jury will hear it? @NoSpoonFeeding

 

[ttjo]

My opiion is that if the mother wishes to give an impact statement, the judge will not be considering or judging her parental abilities. The suspect's actions stand alone, her shortcomings do not mitigate his monsterous actions or take away from the aggravating circumstances that qualify him for the death penalty (murdering MS with some kind of relationship to a sexual assault). Nowhere does it says that a mitigating circumstance (such as never having committed a crime, limited mental abilities, etc) include that a parent of a victim was suspected by the general public of wrong doing or whether LE considered it a possibility or not.
MOO

Just to be clear, we are not saying that anything about jenn being a mitigating circumstance for Stephan or that a judge will be considering her parental abilities/ weighing in in Stephans trial. I thought they filed this,motion regarding victim impact evidence because of the potential to inflame a jury. I was saying that Jenn has not been overly emotional so far, and many people believe she had some knowledge. So IMO her victim impact evidence/statement won't have the same impact on a jury (as other parents who have lost children)

 

[CuriousCricket]

Just to be clear, we are not saying that anything about jenn being a mitigating circumstance for Stephan or that a judge will be considering her parental abilities/ weighing in in Stephans trial. I thought they filed this,motion regarding victim impact evidence because of the potential to inflame a jury. I was saying that Jenn has not been overly emotional so far, and many people believe she had some knowledge. So IMO her victim impact evidence/statement won't have the same impact on a jury (as other parents who have lost children)

I understood your point. And as I understand things, victim impact statements are made only after a person has been found guilty and prior to the jury and judge deciding the sentence.

I happen to agree with your assessment of Jenn's ability to influence anyone because she appeared to care so little about her daughter. I can't imagine Jenn making an impassioned plea about how wonderful Maddie was and how much she misses her.

Her grandmother or aunt perhaps?

 

[iamshadow21]

I understood your point. And as I understand things, victim impact statements are made only after a person has been found guilty and prior to the jury and judge deciding the sentence.

I happen to agree with your assessment of Jenn's ability to influence anyone because she appeared to care so little about her daughter. I can't imagine Jenn making an impassioned plea about how wonderful Maddie was and how much she misses her.

Her grandmother or aunt perhaps?

I just honestly wonder if JS would speak for her daughter, or speak for mitigation.

MOO

 

[CuriousCricket]

I just honestly wonder if JS would speak for her daughter, or speak for mitigation.

MOO

Agreed. I was thinking she'd more likely plead for SS to receive a lesser sentence. And as a mother, I simply can't understand that.

 

[iamshadow21]

Agreed. I was thinking she'd more likely plead for SS to receive a lesser sentence. And as a mother, I simply can't understand that.

I can understand that some people who give birth deeply resent their offspring and only see them in how they perceive that child interferes with their romantic and sexual relationship with their partner of the moment.

If JS is the kind of person I think she is, she's not angry at SS for raping and murdering her child. She's angry at Madeline for being the reason SS is in jail, probably forever. In her eyes, IMO, it's all on Madeline.

MOO

 

[NoSpoonFeeding]

I thought they filed this,motion regarding victim impact evidence because of the potential to inflame a jury.

I understood your point. And as I understand things, victim impact statements are made only after a person has been found guilty and prior to the jury and judge deciding the sentence.

The judge will listen to the impact statements at sentencing, not the jury, which is dismissed after the verdict is read. The jury does not sentence the convicted defendant.

"Sentencing, which is also referred to as disposition, is a court proceeding held after a conviction or guilty plea of the defendant at which time the judge sets the length and conditions of punishment. You have the right to submit orally or in writing a Victim Impact Statement at the time of sentencing."

SAO8

 

[Rube Goldberg Variations]

The judge will listen to the impact statements at sentencing, not the jury, which is dismissed after the verdict is read. The jury does not sentence the convicted defendant.

"Sentencing, which is also referred to as disposition, is a court proceeding held after a conviction or guilty plea of the defendant at which time the judge sets the length and conditions of punishment. You have the right to submit orally or in writing a Victim Impact Statement at the time of sentencing."

SAO8

Isn’t the state seeking the death penalty, and as such the sentence would be decided by a jury?

Link to statutes: Statutes & Constitution :View Statutes : Online Sunshine

 

[ttjo]

Isn’t the state seeking the death penalty, and as such the sentence would be decided by a jury?

Link to statutes: Statutes & Constitution :View Statutes : Online Sunshine

I just found this article. might help explain it. Stephan Sterns argues potential death sentence is unconstitutional.

 

[ttjo]

just trying to wrap my head around their concern about inflaming a jury if the jury doesn't decide on the sentence. I think its maybe about the outcome of one trial being used as an aggravating factor in another trial. ( because they are separate trials) I'm struggling to understand, any lawyers please help explain what they are trying to do with this motion in Limine.
The paragraph below is from the same article,
"Among the aggravating factors prosecutors are expected to introduce are Soto’s age, Sterns’ relationship with her as an authority figure and the alleged sexual abuse (which would serve as a prior conviction if Sterns is found guilty on the charges ahead of the murder trial). One of Sterns’ motions notes that there is nothing to prevent a conviction from being applied as an aggravating factor, “even if that conviction arises from the same criminal episode as the capital felony, and even if the capital and other charges are tried together.”
and in another motion their intent to seek the death penalty if convicted on capital case.

 

[NoSpoonFeeding]

Isn’t the state seeking the death penalty, and as such the sentence would be decided by a jury?

Link to statutes: Statutes & Constitution :View Statutes : Online Sunshine

No. The jury decides whether or not aggravating factors exist that can allow the death penalty. It may sound like the jury gives the sentence but it does not. The jury does not see the required pre-sentencing reports, nor do they hear the victim impact or pleas from family of defendant statements.
From the same link you gave:

c. Based on the considerations in sub-subparagraphs a. and b., whether the defendant should be sentenced to life imprisonment without the possibility of parole or to death.
(c) If at least eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of death. If fewer than eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of life imprisonment without the possibility of parole.

 

[ttjo]

No. The jury decides whether or not aggravating factors exist that can allow the death penalty. It may sound like the jury gives the sentence but it does not. The jury does not see the required pre-sentencing reports, nor do they hear the victim impact or pleas from family of defendant statements.
From the same link you gave:

c. Based on the considerations in sub-subparagraphs a. and b., whether the defendant should be sentenced to life imprisonment without the possibility of parole or to death.
(c) If at least eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of death. If fewer than eight jurors determine that the defendant should be sentenced to death, the jury’s recommendation to the court must be a sentence of life imprisonment without the possibility of parole.

Wow, no one ever said being a lawyer was easy... good grief, keeping track of all the technicalities.

 

[CuriousCricket]

just trying to wrap my head around their concern about inflaming a jury if the jury doesn't decide on the sentence. I think its maybe about the outcome of one trial being used as an aggravating factor in another trial. ( because they are separate trials) I'm struggling to understand, any lawyers please help explain what they are trying to do with this motion in Limine.
The paragraph below is from the same article,
"Among the aggravating factors prosecutors are expected to introduce are Soto’s age, Sterns’ relationship with her as an authority figure and the alleged sexual abuse (which would serve as a prior conviction if Sterns is found guilty on the charges ahead of the murder trial). One of Sterns’ motions notes that there is nothing to prevent a conviction from being applied as an aggravating factor, “even if that conviction arises from the same criminal episode as the capital felony, and even if the capital and other charges are tried together.”
and in another motion their intent to seek the death penalty if convicted on capital case.View attachment 562242

To me, that is flawed thinking. SS abused Maddie in MANY episodes and for years prior to the "capital episode". His treatment of her should most definitely be considered during the murder trial -- imoo. SS, it's time you just faced up to being the horror that you actually are.

Now, perhaps the defense will argue that unless the capital episode occurred, the other episodes that resulted in a conviction prior to the murder trial would perhaps never have been known about.

Still that is on SS and a direct result of his own actions. Actions have consequences. Consequence him!