GUILTY FL - Megan Todt 42, Alek 13, Tyler 11, Zoe 4, & dog Breezy, murdered, Celebration, Jan 2020 #2

[Countem]

A PDF has been added in relation to the following document.

11/5/2021 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO SUPPRESS

https://courts.osceolaclerk.com/Ben...r2?cid=53354674&digest=PE3pqq3g8hidEd9JlwznxQ

It’s a long one!

 

[Niner]

A PDF has been added in relation to the following document.

11/5/2021 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO SUPPRESS

https://courts.osceolaclerk.com/Ben...r2?cid=53354674&digest=PE3pqq3g8hidEd9JlwznxQ

It’s a long one!

Dang.... I can't access this.
Can you give me a brief post on "what" they want suppressed?

TIA!

 

[Countem]

Dang.... I can't access this.
Can you give me a brief post on "what" they want suppressed?

TIA!

Weird. The link no longer works for me, either. Here is a fresh one: https://courts.osceolaclerk.com/Ben...r2?cid=53354674&digest=jwCEC179sxLxNm4omGilDQ

The main points from the defense in the 19-page document are as follows.

1. AT repeatedly complained of mental confusion during his January 13, 2020 interview.
   
2. AT expressed repeated suicidal ideation during both the January 13, 2020 and January 15, 2020 interviews.
   
3. Detective M repeatedly made references to admissions made during the un-Mirandized “Part 1 Statement” when he subsequently later spoke again with AT on the same areas of inquiry / rehashed the same line of inquiry.
   
4. AT’s waiver of Miranda rights at the beginning of his January 13, 2020 statement was not a knowing, intelligent and voluntary waiver since Detective M’s recitation of the Miranda rights warning to AT was wholly inadequate and incomplete. As such, AT’s interview during the first part of his January 13, 2020 statement must be suppressed.
5. AT’s second part of his January 13, 2020 statement was tainted by the failure to properly Mirandize the first part of his statement and must be suppressed because parts 1 and 2 were an “integrated and proximately conducted questioning.” Specifically, AT’s waiver of Miranda rights was tainted and was not knowing, intelligent or voluntary.
   
6. AT’s January 13, 2020 and January 15, 2020 statements must be suppressed based on the authority of Missouri v. Seibert, 542 U.S. 600 (2004).
7. AT did not knowingly, intelligently or voluntarily waive Miranda rights.

 

[Niner]

@Countem - thank you very much for that synopsis! Much appreciated!

 

[Countem]

There is one update from the Osceola County Clerk of the Circuit Court website.

11/12/21 - NOTICE OF ARREST OR PENDING PROSECUTION OF A STATE WITNESS

https://courts.osceolaclerk.com/BenchmarkWeb/Image.aspx/DocumentMobile?cid=53380861&digest=yrnbYQNWeNZhxUFCXpDn1w&redacted=false&time=11/15/2021 7:29:41 PM

The State witness was an employee of the Osceola County Sheriff’s Office.

For more information, see the link below.
Sheriff: Osceola County deputy fired after helping cousin run from deputies

 

[TheLoadedGoat]

Any locals know if this trial is really starting tomorrow, November 17th?

 

[Countem]

Any locals know if this trial is really starting tomorrow, November 17th?

The Osceola County Clerk of the Circuit Court website calls tomorrow’s event at 9 a.m. local time a “case management conference,” which I assume is separate from the trial. There are no further dates on the calendar.

 

[Niner]

Wednesday, November 17th:
*Case Management Conference Hearing (@ 9am ET) – FL – Megan Denise Gula Todt (42), Aleksander (13), Tyler (11), Zoe (4) & dog Brezzy (last heard from Jan. 6, 2020, Celebration; found Jan. 13, 2020; LE believe they have been dead since Dec. 29, 2019) - *Anthony John Todt (44/now 46) arrested (1/15/20), charged (1/16/20), indicted (2/25/20) & arraigned (2/28/20) with 4 counts of premeditated murder & 1 count of animal cruelty. Charges changed (1/29/20) & arraigned (2/28/20) with 4 counts of 2nd degree murder & animal cruelty charge dismissed. Plead not guilty. Held without bond. DA will seek DP & has changed mind on 1/4/21 will not seek DP.
Trial was set to begin on 11/3/21 continued, no further dates.
Confession & court info from 1/15/20 thru 10/27/21 reference post #252 here:
Found Deceased - FL - Megan Todt 42, Alek 13, Tyler 11, Zoe 4, & dog Breezy, Celebration, 6 Jan 2020 *ARREST* #2
11/3/21 Update: Judge Keith Carsten in Osceola County District Nine Court in Florida delayed the first day of jury selection, which was to start Wednesday & instead scheduled a case management conference for 11/17/21 as a way to determine the status of the case for both parties. 11/5/21: Memorandum of law in support of motion to suppress (Todt's 1/13/20 & 1/15/20 interviews with detectives.). 11/12/21: Notice of arrest or pending prosecution of a State witness. (Now-former deputy Kevin Encarnacion was arrested Tuesday (11/16/21) morning & charged with accessory after the fact & official misconduct, both third-degree felonies. Encarnacion was helping his cousin Enrique Davis run from deputies. He said Encarnacion’s cousin was involved in a domestic violence incident in early October. Investigators said Davis left the scene & Encarnacion gave him information to help him evade arrest).

 

[sds71]

Wednesday, November 17th:
*Case Management Conference Hearing (@ 9am ET) – FL – Megan Denise Gula Todt (42), Aleksander (13), Tyler (11), Zoe (4) & dog Brezzy (last heard from Jan. 6, 2020, Celebration; found Jan. 13, 2020; LE believe they have been dead since Dec. 29, 2019) - *Anthony John Todt (44/now 46) arrested (1/15/20), charged (1/16/20), indicted (2/25/20) & arraigned (2/28/20) with 4 counts of premeditated murder & 1 count of animal cruelty. Charges changed (1/29/20) & arraigned (2/28/20) with 4 counts of 2nd degree murder & animal cruelty charge dismissed. Plead not guilty. Held without bond. DA will seek DP & has changed mind on 1/4/21 will not seek DP.
Trial was set to begin on 11/3/21 continued, no further dates.
Confession & court info from 1/15/20 thru 10/27/21 reference post #252 here:
Found Deceased - FL - Megan Todt 42, Alek 13, Tyler 11, Zoe 4, & dog Breezy, Celebration, 6 Jan 2020 *ARREST* #2
11/3/21 Update: Judge Keith Carsten in Osceola County District Nine Court in Florida delayed the first day of jury selection, which was to start Wednesday & instead scheduled a case management conference for 11/17/21 as a way to determine the status of the case for both parties. 11/5/21: Memorandum of law in support of motion to suppress (Todt's 1/13/20 & 1/15/20 interviews with detectives.). 11/12/21: Notice of arrest or pending prosecution of a State witness. (Now-former deputy Kevin Encarnacion was arrested Tuesday (11/16/21) morning & charged with accessory after the fact & official misconduct, both third-degree felonies. Encarnacion was helping his cousin Enrique Davis run from deputies. He said Encarnacion’s cousin was involved in a domestic violence incident in early October. Investigators said Davis left the scene & Encarnacion gave him information to help him evade arrest).

@meganmellado

Trial has been pushed back again for Anthony Todt, the man accused of killing his wife and three kids in their Celebration home in 2020. January 24th is the new start date for what’s anticipated to be a three week trial.
@WESH

 

[Countem]

Here are the official updates from the The Osceola County Clerk of the Circuit Court website.

11/17/2021 FELONY COURT MINUTES/ORDER CASE MANAGMENT CONFERENCE HEARING HELD CASE SET FOR JURY TRIAL

11/17/2021 STATUS HEARING SET FOR 12/20/2021 AT 9:00 AM

11/17/2021 JURY TRIAL SET FOR 01/24/2022 AT 9:00 AM

 

[Countem]

Here are the official updates from the Osceola County Clerk of the Circuit Court website.

11/18/2021 NOTICE OF PROVISION OF SUPPLEMENTAL WITNESS LIST https://courts.osceolaclerk.com/BenchmarkWeb/Image.aspx/DocumentMobile?cid=53408054&digest=+LtC9PcmALYtVAhkAJe7aQ&redacted=false&time=11/19/2021 9:24:22 PM

 

[Niner]

Here are the official updates from the Osceola County Clerk of the Circuit Court website.

11/18/2021 NOTICE OF PROVISION OF SUPPLEMENTAL WITNESS LIST https://courts.osceolaclerk.com/BenchmarkWeb/Image.aspx/DocumentMobile?cid=53408054&digest=+LtC9PcmALYtVAhkAJe7aQ&redacted=false&time=11/19/2021 9:24:22 PM

Sorry to bother you - but I can't access the link - was this filed by State or defense?

TIA!

 

[Countem]

Sorry to bother you - but I can't access the link - was this filed by State or defense?

TIA!

It was filed by the State. These links must expire after a certain amount of time.

 

[Countem]

There is one official update from the Osceola County Clerk of the Circuit Court website.

11/29/2021 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO SUPPRESS

It is an 18-page document. In summary, the State argues that AT voluntarily, knowingly, and intelligently waived his Miranda rights prior to the second and third interviews; even if AT was under the influence of Benadryl, his Miranda waiver was still valid; and AT’s suicidal ideation did not cause his waiver to become involuntary.

 

[Niner]

Thanks for the update @Countem - took notes...

 

[TheLoadedGoat]

There is one official update from the Osceola County Clerk of the Circuit Court website.

11/29/2021 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO SUPPRESS

It is an 18-page document. In summary, the State argues that AT voluntarily, knowingly, and intelligently waived his Miranda rights prior to the second and third interviews; even if AT was under the influence of Benadryl, his Miranda waiver was still valid; and AT’s suicidal ideation did not cause his waiver to become involuntary.

Yes thank you! Are you local? I struggle to get any updates on this.

 

[Countem]

Yes thank you! Are you local? I struggle to get any updates on this.

I am not local. I’ve just been following the case after first hearing of it. I find the updates on the following site.

https://courts.osceolaclerk.com/BenchmarkWeb/Home.aspx/Search

 

[Niner]

I am not local. I’ve just been following the case after first hearing of it. I find the updates on the following site.

https://courts.osceolaclerk.com/BenchmarkWeb/Home.aspx/Search

and Countem helps me find the court dates as I can't access the court site.

 

[TheLoadedGoat]

and Countem helps me find the court dates as I can't access the court site.

Thank you both! @Niner I know you from the Vallow page!

 

[Countem]

and Countem helps me find the court dates as I can't access the court site.

Speaking of, there is one new update on the court website, but the PDF has not yet been uploaded, so I cannot relay any details.

12/2/2021 MOTION FOR INDIVIDUAL AND SEQUESTERED VOIR DIRE

 

[Countem]

Two additional updates have been uploaded to the court website. PDF files have been requested. I will share more information once the PDFs are made available.

12/3/2021 MOTION IN LIMINE TO PROHIBIT REFERENCE TO "FEDERAL AGENTS"

12/3/2021 MOTION IN LIMINE ON TRIAL PROCEDURES