FL - Somer Thompson, 7, Orange Park, 19 Oct 2009 #38

[Angleena]

Question for legal folks: in the process, what will be happening/will be discussed at the April 8th court appearance?

It is for pre-trial motions.

Pre-trial motions may include (and these are just examples of what these motions usually are):

Motion to suppress evidence (used when evidence was obtained illegally, such as an illegal search and seizure)

Motion to gain supplemental evidence through discovery - Usually a set of interrogatories (questions) sent to witnesses for both defense and prosecution. So they might send interrogatories to those who turned over the computer to LE. This gives them a good idea of what witnesses might testify to.

If there is any blood, urine or DNA samples, they may ask for those samples to be divided so they can be sent in for an independent study (evaluated by someone other than those in LE).

Motions to strike prior records. This is something you would see done if he was charged with Somer's murder now, the attorney would make a motion to strike these pending charges from the record because there is no conviction. The judge would absolutely grant that motion too (that's why it's best to wait for a conviction).

Motions to suppress statements made by the defendant- mainly statements they have made during interviews with LE. If JH is charged in Somer's murder, we will probably see a lot of this, motions to suppress anything he may have said at this time about Somer's case because he has not been read his Miranda rights in Somer's case.

Motions to gain access to the arresting officer's personal file. Yep, the arresting officer is subject to review by the prosecution. It gives them leverage to challenge the arresting officers opinions and conclusions.

A motion alleging a defect in the indictment or information - We might see this motion. It's my understanding that this latest set of charges came from images found on a flash drive that JH had on him at the time he was arrested. It could be argued that since that item was confiscated in Mississippi, Mississippi has jurisdiction over that matter and not Florida. There is a very fine line here considering he was being held for Florida and the drive was taken from him as a possession on his person and may not have been subject to search in Mississippi.

 

[Kimberlyd125]

Bumping for Somer and praying for Justice.

 

[spamelope]

Davis, 59, said he saw a group of people, including some deputies, leave the building in the afternoon, shed their boots and drive off. Davis said he took that as a sign Somer had been found elsewhere. He said he was puzzled after later learning Somer hadn’t been found at that time.

“If they would have kept on searching they probably would have found her before they found her in Georgia,” Davis said.
Snipped. http://jacksonville.com/community/c..._backup_caused_delay_in_somer_thompson_search


NM, I just reread this with the aid of coffee.

 

[JustyThoughts]

Thanks Angleena for your 2 posts and insightful information. Now I see the advantages of LE to hold back on additional actions... pending the current charges that "hopefully" will go to conviction. JH seems to me like someone who would go for for a plea deal. What about others... what do you think?

There are lots of possible pre-trail motions possible (4/8); any idea how fast these current charges will go to trial?

 

[Angleena]

Thanks Angleena for your 2 posts and insightful information. Now I see the advantages of LE to hold back on additional actions... pending the current charges that "hopefully" will go to conviction. JH seems to me like someone who would go for for a plea deal. What about others... what do you think?

There are lots of possible pre-trail motions possible (4/8); any idea how fast these current charges will go to trial?

If he has not waived his rights to a speedy trial, in accordance to Rule 3.191 of the Florida Rules of Criminal Procedure, a trial for felony cases must commence within 175 days from the date the defendant was taken into custody.

If he has waived his right to a speedy trial, your guess is as good as mine.

 

[GRANNYL]

Davis, 59, said he saw a group of people, including some deputies, leave the building in the afternoon, shed their boots and drive off. Davis said he took that as a sign Somer had been found elsewhere. He said he was puzzled after later learning Somer hadn’t been found at that time.

“If they would have kept on searching they probably would have found her before they found her in Georgia,” Davis said.
Snipped. http://jacksonville.com/community/c..._backup_caused_delay_in_somer_thompson_search


NM, I just reread this with the aid of coffee.

This is for everyone PLEASE READ the entire article [COLOR="RoyalBlue"]http://jacksonvi...udge CCSO investigation. JMO Thanks[/U][/B]

 

[Noway]

Davis, 59, said he saw a group of people, including some deputies, leave the building in the afternoon, shed their boots and drive off. Davis said he took that as a sign Somer had been found elsewhere. He said he was puzzled after later learning Somer hadn’t been found at that time.

“If they would have kept on searching they probably would have found her before they found her in Georgia,” Davis said.
Snipped. http://jacksonville.com/community/c..._backup_caused_delay_in_somer_thompson_search


NM, I just reread this with the aid of coffee.

It sounds like LE was extremely lucky then, that they found Somer at all. JMO

 

[GRANNYL]

It sounds like LE was extremely lucky then, that they found Somer at all. JMO

Sorry I don't think it was luck. I think it was very good investigative skills involved. They watched and recorded all trucks, unloaded then reloaded at the dump and held overnight. I have no doubt the nine trucks were kept under survailence all night by CCSO then followered to Georgia. Why because of chain of evidence. This will all come out when the time is right not before.

I personally am upset that the Dump employees gave the interview and could possible have harm the case against JH. JMO

 

[Noway]

JMO again but I think this interview was done at the okay of the CCSO. I think there is a reason they wanted this known now.

Leaks haven't happened ... I think the CCSO is very much in control about what gets released about this case and what doesn't.

 

[Dr.Fessel]

It sounds like LE was extremely lucky then, that they found Somer at all. JMO

Why do you say that after reading the article? Since Somer was in the trash collected I don't see how they could of lost her since they searched the trash just at a different location.

 

[Noway]

Did I misread the article?

I thought she could have been found before being combined with 250 tons of other trash.

I'll go read again. I have not had coffee.

 

[Noway]

Somer, 7, disappeared while walking home from school on Oct. 19. Sheriff Rick Beseler credited a detective with coming to him early the next morning and suggesting that Dumpsters and trash trucks be searched for her body and items she was carrying.

Beseler assigned detectives to follow the trucks. The search at Rosemary Hill began about 9 a.m. on Oct. 20. Trash already transferred to Folkston was also searched.

So they started following the OP trucks? But some of those had already dumped at Rosemary Hill and the trash been brought to Folkston and she was not found in that garbage?

But then they stopped searching Rosemary Hill and just searched as the garbage was brought to Folkston and then they found her?


I apologize ... I don't know why this trash process confuses me so. I should really just stop the trash talk. I am hopeless when it comes to following the chain of events. But I still am under the impression that if they had continues the search at Rosemary Hill, they would have found her there.

 

[Noway]

I don't think it will help me at all ... but here goes.

 

[Dr.Fessel]

As long as the trash got searched good, they had no chance of losing her if she was in the garbage collected.

The police searched the garbage good and found her. It was a long shot she was in the garbage but it was not luck that they found her.

 

[Dr.Fessel]

i don't think it will help me at all ... But here goes.

lol lol lol

 

[GRANNYL]

I don't think it will help me at all ... but here goes.

Love this!! I only drink one cup a day maybe I need more!

 

[Kimberlyd125]

I really don't see what difference it makes. She was found. And very quickly I might add.

I know it would have been nice if she were found sooner. I hate to think what her body went through.

But, I believe the CCSO did what they could from the start. It's been mentioned since OCT. 19th how aggressive they were from the jump. They held out no stops IMO to find an alive Somer on the first day and after. Until she was found in that dump.

I have the utmost respect for CCSO and feel they handled this case very well.

I just hope that continues as they process evidence they have on JH if he is indeed the monster who killed Somer.

 

[nursebeeme]

Noway: thanks! I needed that coffee IV! LOLOL

Kimberly: I totally agree with you

 

[Noway]

As long as the trash got searched good, they had no chance of losing her if she was in the garbage collected.

The police searched the garbage good and found her. It was a long shot she was in the garbage but it was not luck that they found her.

Maybe by then, any evidence potentially found with her was already so horribly contaminated that it wouldn't matter if she were added to additional tons of garbage, further contaminating evidence.

But it's interesting that as of two weeks ago, they wanted to narrow down the truck that initially picked her up. Maybe trying to connect it to Jarred Harrell?

 

[pinamia]

Maybe by then, any evidence potentially found with her was already so horribly contaminated that it wouldn't matter if she were added to additional tons of garbage, further contaminating evidence.

But it's interesting that as of two weeks ago, they wanted to narrow down the truck that initially picked her up. Maybe trying to connect it to Jarred Harrell?

I am convinced that they found Somer in one of the trucks. This is a red herring about the dump.