FL FL - Michelle Parker, 33, Orlando, 17 Nov 2011 - #23

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  • #881
Do an all case records search.

http://myclerk.myorangeclerk.com/default.aspx

The case is there and has been filed. A motion to dismiss was made which is usual but not been to court. Filings only will appear until depos are taken and the case heard. These things sometimes move very slowly.


Thank you, that was exactly the information I was looking for. I was interested in having a time frame as to when there will be a ruling from the bench. More importantly, at the point where evidence is going to be introduced and further motions filed and argued, we will then have a measure of information on the record to evaluate.
 
  • #882
I still think Dale hid Michelle somewhere close to the condo. She is most likely within 15 miles of the condo IMO. How this MURDERER is still free is beyond me.

I tend to agree, but didn't he move away to Tenn? If he did, then he is feeling pretty good about her not being found. So is there any place in this range that would give him this kind of security? Any new builds in that area? Just a thought..


PS: Hello everyone!! =D
 
  • #883
According to some msm stories? Which ones? Thanks :-)

Sent from my Event using Tapatalk 4

Lots of MSM stories out there about this. Here are just a few for example.


Police named Parker's ex-fiance Dale Smith as the prime suspect in the case, but no charges have been filed and no arrest has been made. He still has custody of the children. But the attorney for Parker's family claims he has evidence against Smith, including text messages.

Morgan said the legal team is not ready to elaborate on the details of what they believe happened to the mother of three, but said he will let the lawsuit speak for itself for now.

More than a year after Parker's disappearance, detectives are still investigating her case.

"It's still an open investigation," Orlando Police Sgt. Jim Young told ABCNews.com today. He spoke to the case's lead detective on Thursday who said there are no updates in the case and Smith is still listed as a suspect.

Morgan claims he has evidence against Smith, including text messages between Parker and Smith.

"We just think that we have some pieces that when taken with testimony may tell a more full story and that testimony has to come from Dale and his parents."

Asked if he could elaborate on the content of the messages, Morgan said, "I don't want to say. I don't want him to be ready for that."


http://abcnews.go.com/US/peoples-court-missing-mom-michelle-parkers-mother-files/story?id=18683234



Morgan said there are a lot of unanswered questions surrounding the disappearance of Parker, and he feels the only way to get those answers is to depose people under oath, including Smith Jr. and his family. Morgan said they will present evidence that will show smith knows more than he is saying.

"I would just say there was some text messages and just the whole timing of the disappearance with the text messages and the relationship.


Read more: http://www.myfoxorlando.com/story/2...it-against-ex-fiance-dale-smith#ixzz2fuvlm8hI



Attorney says he has evidence against Michelle Parker's ex

But Channel 9’s Kathi Belich learned on Thursday lawyers representing Parker's family have their own evidence against Smith that they plan to use in court.

Attorney John Morgan said he has phone records like texts between Parker and Smith.

“There's some text messages and just the whole timing of the disappearance with the text messages and the relationship,” said Morgan.


http://www.wftv.com/news/news/local/michelle-parkers-mother-files-wrongful-death-suit-/nWkCg/
 
  • #884
Lots of MSM stories out there about this. Here are just a few for example.


Police named Parker's ex-fiance Dale Smith as the prime suspect in the case, but no charges have been filed and no arrest has been made. He still has custody of the children. But the attorney for Parker's family claims he has evidence against Smith, including text messages.

Morgan said the legal team is not ready to elaborate on the details of what they believe happened to the mother of three, but said he will let the lawsuit speak for itself for now.

More than a year after Parker's disappearance, detectives are still investigating her case.

"It's still an open investigation," Orlando Police Sgt. Jim Young told ABCNews.com today. He spoke to the case's lead detective on Thursday who said there are no updates in the case and Smith is still listed as a suspect.

Morgan claims he has evidence against Smith, including text messages between Parker and Smith.

"We just think that we have some pieces that when taken with testimony may tell a more full story and that testimony has to come from Dale and his parents."

Asked if he could elaborate on the content of the messages, Morgan said, "I don't want to say. I don't want him to be ready for that."


http://abcnews.go.com/US/peoples-court-missing-mom-michelle-parkers-mother-files/story?id=18683234

Morgan said there are a lot of unanswered questions surrounding the disappearance of Parker, and he feels the only way to get those answers is to depose people under oath, including Smith Jr. and his family. Morgan said they will present evidence that will show smith knows more than he is saying.

"I would just say there was some text messages and just the whole timing of the disappearance with the text messages and the relationship.


Read more: http://www.myfoxorlando.com/story/2...it-against-ex-fiance-dale-smith#ixzz2fuvlm8hI

Attorney says he has evidence against Michelle Parker's ex

But Channel 9’s Kathi Belich learned on Thursday lawyers representing Parker's family have their own evidence against Smith that they plan to use in court.

Attorney John Morgan said he has phone records like texts between Parker and Smith.

“There's some text messages and just the whole timing of the disappearance with the text messages and the relationship,” said Morgan.


http://www.wftv.com/news/news/local/michelle-parkers-mother-files-wrongful-death-suit-/nWkCg/


OOOH!! Thank you Kamille!! This is awesome info!!
 
  • #885
  • #886
The last court record on this suit is dated 04/06/2013 and it is a motion to dismiss by the lead attorney for DS, who interestingly enough is not Mark NeJame, although it is possible he might be part of the same firm. There's no information as to when a hearing might have been scheduled.
 
  • #887
OOOH!! Thank you Kamille!! This is awesome info!!

YW Evanesco. Nice to see you on Michelle's thread still waiting for justice, haven't seen you on in a while. :seeya:

And I love your shaking doggy. LOL
 
  • #888
YW Evanesco. Nice to see you on Michelle's thread still waiting for justice, haven't seen you on in a while. :seeya:

And I love your shaking doggy. LOL

Thanks lol! I'm mostly in lurk mode, but I think of Michelle daily and would love to see her reunited with her loved ones and you know who get what they deserve...
 
  • #889
Lots of MSM stories out there about this. Here are just a few for example.


Police named Parker's ex-fiance Dale Smith as the prime suspect in the case, but no charges have been filed and no arrest has been made. He still has custody of the children. But the attorney for Parker's family claims he has evidence against Smith, including text messages.

Morgan said the legal team is not ready to elaborate on the details of what they believe happened to the mother of three, but said he will let the lawsuit speak for itself for now.

More than a year after Parker's disappearance, detectives are still investigating her case.

"It's still an open investigation," Orlando Police Sgt. Jim Young told ABCNews.com today. He spoke to the case's lead detective on Thursday who said there are no updates in the case and Smith is still listed as a suspect.

Morgan claims he has evidence against Smith, including text messages between Parker and Smith.

"We just think that we have some pieces that when taken with testimony may tell a more full story and that testimony has to come from Dale and his parents."

Asked if he could elaborate on the content of the messages, Morgan said, "I don't want to say. I don't want him to be ready for that."


http://abcnews.go.com/US/peoples-court-missing-mom-michelle-parkers-mother-files/story?id=18683234



Morgan said there are a lot of unanswered questions surrounding the disappearance of Parker, and he feels the only way to get those answers is to depose people under oath, including Smith Jr. and his family. Morgan said they will present evidence that will show smith knows more than he is saying.

"I would just say there was some text messages and just the whole timing of the disappearance with the text messages and the relationship.


Read more: http://www.myfoxorlando.com/story/2...it-against-ex-fiance-dale-smith#ixzz2fuvlm8hI



Attorney says he has evidence against Michelle Parker's ex

But Channel 9’s Kathi Belich learned on Thursday lawyers representing Parker's family have their own evidence against Smith that they plan to use in court.

Attorney John Morgan said he has phone records like texts between Parker and Smith.

“There's some text messages and just the whole timing of the disappearance with the text messages and the relationship,” said Morgan.


http://www.wftv.com/news/news/local/michelle-parkers-mother-files-wrongful-death-suit-/nWkCg/

The biggest hurdle for such a lawsuit to go forward is not necessarily any particular set of evidence which might or might not constitute enough justification to warrant a civil trial, but whether or not a civil suit can go forward where the defendant(s) is actively under criminal investigation and has been named the primary suspect for that specific crime. Under those circumstances a slew of constitutional guarantees (Fifth Amendment, etc ..) come into play to insulate defendants or would be defendants from being compelled to give testimonies that can then be used against them in a criminal trial.

Basically there's no scenario save for granting immunity pertinent to a specific testimony, that a defendant(s) can be compelled to provide information that can then be used as evidence against him/her/they in a criminal trial. Specifically here, a civil trial where the defendant cannot fully assist in his own defense because a separate criminal liability prevents him/her/they the exercise of constitutionally guaranteed rights, might be in my opinion an insurmountable hurdle for the plaintiff in this case.

However, the above was a generalization of sort and each case stands by it's own merits and is supported by its own facts, evidence, case law, precedents and particular circumstances, therefore no forgone conclusions can be made without all those factors being a matter of the public record, at least as far as I'm concerned.

JMO
 
  • #890
The biggest hurdle for such a lawsuit to go forward is not necessarily any particular set of evidence which might or might not constitute enough justification to warrant a civil trial, but whether or not a civil suit can go forward where the defendant(s) is actively under criminal investigation and has been named the primary suspect for that specific crime. Under those circumstances a slew of constitutional guarantees (Fifth Amendment, etc ..) come into play to insulate defendants or would be defendants from being compelled to give testimonies that can then be used against them in a criminal trial.

Basically there's no scenario save for granting immunity pertinent to a specific testimony, that a defendant(s) can be compelled to provide information that can then be used as evidence against him/her/they in a criminal trial. Specifically here, a civil trial where the defendant cannot fully assist in his own defense because a separate criminal liability prevents him/her/they the exercise of constitutionally guaranteed rights, might be in my opinion an insurmountable hurdle for the plaintiff in this case.

However, the above was a generalization of sort and each case stands by it's own merits and is supported by its own facts, evidence, case law, precedents and particular circumstances, therefore no forgone conclusions can be made without all those factors being a matter of the public record, at least as far as I'm concerned.

JMO

Well if the civil trial goes forward, and in spite of the fact that it's almost a given that DSJr will likely plead the fifth on most, if not all, questions, at least we'll get some more factual information into the public record.

And if the father of Michelle's children wants the investigation to move forward to find the "real answer", for those children, as to what may have happened to their mother, I don't know why he'd not answer the questions completely and truthfully as he claims to have no knowledge of anything that happened to her after 4:10pm...or was that 3:30pm...or was it 3:40pm? And I'm also not sure why he would want to block a chance to "clear his name" and get some factual information into the public record by filing for a motion to dismiss this case.

MOO
 
  • #891
Well if the civil trial goes forward, and in spite of the fact that it's almost a given that DSJr will likely plead the fifth on most, if not all, questions, at least we'll get some more factual information into the public record.

And if the father of Michelle's children wants the investigation to move forward to find the "real answer", for those children, as to what may have happened to their mother, I don't know why he'd not answer the questions completely and truthfully as he claims to have no knowledge of anything that happened to her after 4:10pm...or was that 3:30pm...or was it 3:40pm? And I'm also not sure why he would want to block a chance to "clear his name" and get some factual information into the public record by filing for a motion to dismiss this case.

MOO

The case continues to be made overtly or by implication, that if a defendant tries to shield himself/herself/themselves from criminal or civil liabilities therefore they are guilty or at the very least they must have something to hide, that is the equivalent of requiring defendants or would be defendants to prove their innocence, which is of course to flip upside down not simply the rule of law but also any resemblance of fairness. That also assumes that a criminal or civil justice system is inherently infallible, that mistakes are not made, and that innocent people are never erroneously convicted and that such defendants should therefore "tell the truth" and be done with it, secure in the notion that if not guilty surely they will not be prosecuted and if so, surely not convicted, it would also follow therefore that only guilty people should need an attorney, file motions in response to allegations by prosecutors and generally do anything in their power to avoid liabilities and escape responsibilities. Now, assuming that my characterization of your position is correct, and please correct me if it's not, I respectfully disagree with your conclusions both in the sense that there's a fundamental unfairness in that kind reasoning and also that it's not reasonable in all that is practical, especially when the target of a criminal or civil liabilities might be any of us.

Now, I do understand the frustrations here, I feel them too, that is why I was trying to find out about the status of the civil suit, and truth be told I'd be very happy if a civil case would go forward here or even a criminal one for that matter, but that is distinct and separate for me to coming to conclusions that are not supported by any facts on the record, or to lament the inner workings of a criminal justice system that is IMO the envy of the entire world, not because it's inherently American but because its inherently fair, because it relies on the rule of law that guaranties due process both for the prosecution and the defendants without preconditions or bias, and that to me far supersedes my own bias, opinions and general personal wishes.
ALL JMO
 
  • #892
The case continues to be made overtly or by implication, that if a defendant tries to shield himself/herself/themselves from criminal or civil liabilities therefore they are guilty or at the very least they must have something to hide, that is the equivalent of requiring defendants or would be defendants to prove their innocence, which is of course to flip upside down not simply the rule of law but also any resemblance of fairness. That also assumes that a criminal or civil justice system is inherently infallible, that mistakes are not made, and that innocent people are never erroneously convicted and that such defendants should therefore "tell the truth" and be done with it, secure in the notion that if not guilty surely they will not be prosecuted and if so, surely not convicted, it would also follow therefore that only guilty people should need an attorney, file motions in response to allegations by prosecutors and generally do anything in their power to avoid liabilities and escape responsibilities. Now, assuming that my characterization of your position is correct, and please correct me if it's not, I respectfully disagree with your conclusions both in the sense that there's a fundamental unfairness in that kind reasoning and also that it's not reasonable in all that is practical, especially when the target of a criminal or civil liabilities might be any of us.

Now, I do understand the frustrations here, I feel them too, that is why I was trying to find out about the status of the civil suit, and truth be told I'd be very happy if a civil case would go forward here or even a criminal one for that matter, but that is distinct and separate for me to coming to conclusions that are not supported by any facts on the record, or to lament the inner workings of a criminal justice system that is IMO the envy of the entire world, not because it's inherently American but because its inherently fair, because it relies on the rule of law that guaranties due process both for the prosecution and the defendants without preconditions or bias, and that to me far supersedes my own bias, opinions and general personal wishes.
ALL JMO

So you're saying the system would be much better served if no one was to speak with LE or answer questions to help forward an investigation lest they be perceived to be guilty? And that if investigators and/or a forensics team do not find direct evidence of a crime then the case should be closed and everyone should just move on? And everyone should consider the prime suspect innocent of the crime?

:waitasec:
 
  • #893
The case continues to be made overtly or by implication, that if a defendant tries to shield himself/herself/themselves from criminal or civil liabilities therefore they are guilty or at the very least they must have something to hide, that is the equivalent of requiring defendants or would be defendants to prove their innocence, which is of course to flip upside down not simply the rule of law but also any resemblance of fairness. That also assumes that a criminal or civil justice system is inherently infallible, that mistakes are not made, and that innocent people are never erroneously convicted and that such defendants should therefore "tell the truth" and be done with it, secure in the notion that if not guilty surely they will not be prosecuted and if so, surely not convicted, it would also follow therefore that only guilty people should need an attorney, file motions in response to allegations by prosecutors and generally do anything in their power to avoid liabilities and escape responsibilities. Now, assuming that my characterization of your position is correct, and please correct me if it's not, I respectfully disagree with your conclusions both in the sense that there's a fundamental unfairness in that kind reasoning and also that it's not reasonable in all that is practical, especially when the target of a criminal or civil liabilities might be any of us.

Now, I do understand the frustrations here, I feel them too, that is why I was trying to find out about the status of the civil suit, and truth be told I'd be very happy if a civil case would go forward here or even a criminal one for that matter, but that is distinct and separate for me to coming to conclusions that are not supported by any facts on the record, or to lament the inner workings of a criminal justice system that is IMO the envy of the entire world, not because it's inherently American but because its inherently fair, because it relies on the rule of law that guaranties due process both for the prosecution and the defendants without preconditions or bias, and that to me far supersedes my own bias, opinions and general personal wishes.
ALL JMO

So you're saying the system would be much better served if no one was to speak with LE or answer questions to help forward an investigation lest they be perceived to be guilty? And that if investigators and/or a forensics team do not find direct evidence of a crime then the case should be closed and everyone should just move on? And everyone should consider the prime suspect innocent of the crime?

:waitasec:


It's so interesting how two people can read the same thing and get different things out of it.

Posters have repeatedly indicated that Dale should take a lie detector test, or provide more information that he may or may not have in order to "clear his name." The argument is, doesn't our justice system presume innocence? That means the accuser needs to prove guilt. Saying people need to clear their name is essentially saying the accused must prove their innocence, which flies in the face of our system of law.
 
  • #894
The Morgan law family has a long, long history of winning cases here. They won't take just any case--they're so successful that they don't have to. That being said, I'm sure that they feel they have all they need to file a suit. JMO
 
  • #895
So you're saying the system would be much better served if no one was to speak with LE or answer questions to help forward an investigation lest they be perceived to be guilty? And that if investigators and/or a forensics team do not find direct evidence of a crime then the case should be closed and everyone should just move on? And everyone should consider the prime suspect innocent of the crime?

:waitasec:

No, I said exactly what I said, just because someone is being represented by an attorney and exercises his/hers/theirs constitutional rights where those are lawful and proper doesn't mean they have anything to hide or that they are guilty of anything although one may draw their own conclusion as a matter of opinion, perhaps we can agree on this?

"... And if the father of Michelle's children wants the investigation to move forward to find the "real answer", for those children, as to what may have happened to their mother, I don't know why he'd not answer the questions completely and truthfully ..."

So you're saying that DS did not answer truthfully and completely, yes? Now, there's really nothing wrong with you or anyone else believing whatever, but my original post was generalized on purpose precisely because I did not want to get in the minutia of such statements, since obviously the logical answer to that statement would be "how do you know factually what DS said or not said to the Police since no transcripts have been made available on the public record? Who in here knows factually what transpired in what appears to be more then one interview that DS gave to the Police outside of one vague statement made by the investigators that in their opinion DS had not been completely straightforward or something to that effect? And what about DS own assertion that he fully cooperated with the Police (through his attorney)? What are the basis then to believe one side and not the other when no factual record has been established on this issue as well as basically all others?

So again, instead of going into the minutia of this, can we agree that personal opinions aside, simply having an adversarial stance within a legal settings is not in itself indication of any guilt as a matter of fact but the way the system works in order to obtain fairness and equity for all involved in it? That was the jest of my post and I hope I reasonably clarified it now.

... and can we agree not to drag those kids into this discussion constantly? There's something fundamentally wrong about that IMO.

"... So you're saying the system would be much better served if no one was to speak with LE or answer questions to help forward an investigation lest they be perceived to be guilty ..."

No, as above, the judicial system is inherently an adversarial process for obvious reasons, there are no prohibitions of course in cooperating with the Police, at times it might be advisable if not a simple question of civic duty, besides most cases are evidence of such cooperation in a sense giving the commonality of plea bargaining, however those are broad generalization since there are many actors and many situations that populate the everyday realities of the system, ranging from judges and lawyers, prosecutors and defendants, eyewitness and investigators all the way to secretaries, law clerks and building maintenance people and so on, all having a role to play in different situations and no one is particular evil or guilty of wrong doing solely by playing by its rules.

JMO
 
  • #896
did the surveillance camera at DS condo just pick up the shot of MP's hummer, or did it get her in the shot too? I was just wondering how they know that Michelle was IN the Hummer at THAT point
 
  • #897
did the surveillance camera at DS condo just pick up the shot of MP's hummer, or did it get her in the shot too? I was just wondering how they know that Michelle was IN the Hummer at THAT point

If I remember correctly the video surveillance footage only captured the H3 arriving at the condo not its occupants. Also it seems that was the only footage available from that location that could be relevant to the investigation.
 
  • #898
It's so interesting how two people can read the same thing and get different things out of it.

Posters have repeatedly indicated that Dale should take a lie detector test, or provide more information that he may or may not have in order to "clear his name." The argument is, doesn't our justice system presume innocence? That means the accuser needs to prove guilt. Saying people need to clear their name is essentially saying the accused must prove their innocence, which flies in the face of our system of law.

Well all I think he should have done was continue to assist LE with the investigation and answer the questions they had after they realized that some evidence wasn't matching up to the original story. The story that he told Michelle's family, which I also assume is the same story he told LE. And if they are different, why would that be? Personally I don't think they are and the story that he told the family just doesn't work in any time frame.

So instead of trying to work with LE to clear up some glaring discrepancies to move the investigation forward, for the sake of his children who, in his own words "need their mother", he chose to clam up and refuse to speak with them any more. The investigation stalled right then and there and he became the prime suspect. Because IMO he can't clear up the discrepancies without a confession.

And he's not alone. There are dozens of cases on this board alone that are similar, and likely thousands throughout the country. My opinion is that in most, if not all of these cases, LE is right on the money with their suspects. And that is where the problem with the system lies. I don't know what the answer to this problem is or how the system could be adjusted to favour the victims a little more.

MOO
 
  • #899
did the surveillance camera at DS condo just pick up the shot of MP's hummer, or did it get her in the shot too? I was just wondering how they know that Michelle was IN the Hummer at THAT point

There was a text to her boyfriend within a minute or two of that video that would likely have pinged off the tower closest to the condo. So it stands to reason that she was in the Hummer at that time. And that's the point, cases need to be looked at within reason. At what point did we get to the stage of absolute proof without any standard of reasonable assumption? If her boyfriend received a text from her within a minute or two of her pulling up to the condo, is the fact that perhaps it was not her who texted him, or that she was not in the area at the time within reason when we know she picked up the children from daycare at a certain time and then dropped them off at some time shortly after that because they did end up in the care of their father and he did admit that she dropped them off, presumably alone.

To start picking apart the information and putting certain pieces out as a stand alone, implying the possibility of doubt, just doesn't seem reasonable to me. If the story flows with all of the info and evidence then LE can move on to a time frame after the Hummer may have left. To get stuck in a 40 minute time warp that cannot be explained is where the investigation came to a halt.

MOO
 
  • #900
sorry, I was only asking
 
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