GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #2

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  • #841
I'm so glad you joined Pua. Great post.
I don't think it was ever reported who reported the burglary of the missing jewelry and computer. Was it?
 
  • #842
You guys are too kind. Thank you so much for the encouragement.
I did not see any complainant's name. There is a complaint listed as one of the case documents, so it could be obtained by the public for price of copying. Some documents can be ordered online, while others need to be requested from the court clerk and picked up.

I have never dealt with the courts on Maui and am not on Maui. But I would be surprised if it is not known to those close to Charli, by coconut wireless alone.
 
  • #843
Good question why the complaint was not filed before.
My spec would be the person had decided not to call police at the time. One reason could be that the woman was into stuff that would make calling in police undesirable. We know Steven has associates in the drug scene and who knows what else.

Perhaps when she found herself being interviewed for the other investigation, she decided she might as well. Or there was more reason to expose Steven's past bad acts with the suspicion that he had done away with Charli. Maybe the person had liked him enough to let it go when it happened, and was now grasping what he was really about.

There could be various reasons, but I doubt it is a coincidence that it all came about two weeks after Charli's disappearance.
 
  • #844
Good question why the complaint was not filed before.
My spec would be the person had decided not to call police at the time. One reason could be that the woman was into stuff that would make calling in police undesirable. We know Steven has associates in the drug scene and who knows what else.

Perhaps when she found herself being interviewed for the other investigation, she decided she might as well. Or there was more reason to expose Steven's past bad acts with the suspicion that he had done away with Charli. Maybe the person had liked him enough to let it go when it happened, and was now grasping what he was really about.

There could be various reasons, but I doubt it is a coincidence that it all came about two weeks after Charli's disappearance.

Agreed. And the possible rationales you pose are right in line with what I've been speculating.

Let's hope she is found soon and that justice is served.
 
  • #845
I always though maybe it was the girlfriend??
 
  • #846
I always though maybe it was the girlfriend??
Yes, I can see that in some ways. OTOH though, he stole the mystery female's jewelry five months prior, whereas he supposedly was on the phone or chatting with the new girlfriend the day of disappearance. I personally would break up with a guy who broke into my house, slashed my tires, and made off with my bling. ;-)
 
  • #847
Apologies, I need to correct what I said above. I looked at the articles on the burglary again, and there were "police reports" on Sept 19, 2014, and it looks like a later date when the jewelry absence was discovered. The articles don't say whether she offered up Capobianco's name in either of the reports. That may be the new information she gave police in February. (There isn't enough information in the articles to know for sure.) Doesn't really change things, but I did wonder how the police even made a case if they didn't get a report and investigate the scene back at the time it happened. They did.

Also the exhibits in this burglary case are sealed, and the motion to show cause is sealed. There is no Complaint listed; that is on the weapons case. The motion is calendared for the trial date in late April.
 
  • #848
However, it's not at all likely that another killer would have deliberately stabbed the fetus. I think that piece of evidence, that the fetus was targeted and with the rage of at least twenty blows, will convince the jury he did it and no one else.

Great you are here Pua thank you for posting.

I keep thinking why did he leave bloody clothes with stab holes but not body. Sloppy or on purpose?

And why he called attention to Keanae at all. He didnt have to say they were there for his truck. (And maybe she wasn't ever there?)
And he brought her family and friends there in days after to search.

Did he do it there or just plant evidence there?
Did he want them to find the clothes and jawbone either way? Did he do it there and he wanted them to find the clothes and jawbone and not body? He wanted people to think he killed her but not have body to convict? The ego on him and he is sick. I don't know.
 
  • #849
All the same questions I have. Kinda like Scott Peterson saying where he had gone fishing. Lies scattered with some truth. I feel in some tiny area of the brain, even lying has to have some sort of memories coming from somewhere to keep it all straight. The brain is a magical thing.
If you remember way back in the statement analysis his words held some truth. Was it cocky and to taunt or was it simply the way the brain works, or a deep rooted sickness, or all of the above. Maybe I watch to much of the Nat Geo TV show "Brain Games" lol
I am so very curious if the water color painting of the flaming skull ever turned out to be anything.
 
  • #850
Honestly the phone call about the broken down car makes me think that this was a completely pre-meditated murder.

I don't know about Hawaii, because different states have different law, but pre-meditated murder is classified as first-degree murder in Oregon.

I wonder if they aren't trying for it because pre-meditation may be harder to prove, but with the evidence that she was stabbed so many times and called out to some random location I feel like it wouldn't be that hard to convince a jury that it was
 
  • #851
Honestly the phone call about the broken down car makes me think that this was a completely pre-meditated murder.

I don't know about Hawaii, because different states have different law, but pre-meditated murder is classified as first-degree murder in Oregon.

I wonder if they aren't trying for it because pre-meditation may be harder to prove, but with the evidence that she was stabbed so many times and called out to some random location I feel like it wouldn't be that hard to convince a jury that it was
Premeditation is no longer the decisive element for first degree murder in this state. The degrees of murder in current Hawai'i law are specified here in the Hawai'i Penal Code:

http://law.justia.com/codes/hawaii/2014/title-37/chapter-707/
They are going for the enhanced level of second degree, which is life without parole.

Sentencing for murder convictions is explained here:

Terms of Imprisonment
http://law.justia.com/codes/hawaii/2014/title-37/chapter-706/section-706-656/

Enhanced sentence for second degree murder
http://law.justia.com/codes/hawaii/2014/title-37/chapter-706/section-706-657/
The court may sentence a person who was eighteen years of age or over at the time of the offense and who has been convicted of murder in the second degree to life imprisonment without the possibility of parole under section 706-656 if the court finds that the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity ... As used in this section, the phrase "especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime which is unnecessarily torturous to a victim
CASE NOTES:
The findings necessary to impose an enhanced sentence under this section must be made by the trier of fact; if the prosecution elects to seek an enhanced sentence pursuant to this section, it must be alleged in the complaint. 92 H. 19, 986 P.2d 306 (1999).

Section requires State to prove, beyond a reasonable doubt, that the victim suffered unnecessary torture and that the defendant intentionally or knowingly inflicted unnecessary torture upon the victim; "unnecessary torture" means the infliction of extreme physical or mental suffering, beyond that which necessarily accompanies the underlying killing. 93 H. 224, 999 P.2d 230 (2000).

As you can see if you click that first link, first degree murder includes killing more than one person, so if Joshua had been classified as a person under Hawai'i law, that would have been met. I personally think you are right about the killing being planned. Just sickening to imagine, SC seems to be another Scott Peterson type as heartgoesout mentioned.
 
  • #852
I keep thinking why did he leave bloody clothes with stab holes but not body. Sloppy or on purpose?

And why he called attention to Keanae at all. He didnt have to say they were there for his truck. (And maybe she wasn't ever there?)
And he brought her family and friends there in days after to search.

Did he do it there or just plant evidence there?
Did he want them to find the clothes and jawbone either way? Did he do it there and he wanted them to find the clothes and jawbone and not body? He wanted people to think he killed her but not have body to convict? The ego on him and he is sick. I don't know.
I'm so glad you brought it back to these questions. It would help so much, I think, to know how it happened. It's not full closure but it would be a big step. I hope the police and the family who have more information do have a good theory on this.

Why did he call attention to Keanae?
My spec: that was the story he told her on the phone. She was at her sister's house when he called. He didn't know if he was on speaker, or what Charli told her sister before leaving there. Probably best to assume the story of going to fix his truck there was shared, so he had to stick to it and say they went out there.

>>> Did he do it there or just plant evidence there?
I tend to think he planted at least some of the evidence there, but he, or they, must have gone out to Keanae that Sunday night. Charli's phone pinged there at 11 PM, and her dog was found in Nahiku Monday morning. They might have gone out there together in her 4Runner, and if so he likely killed her there. He could have killed her at his home or nearby, and then driven out there with the phone and her dog, and with or without her body. He could have done whatever he did with her remains there or back in Haiku or thereabouts. If so, he might have transported part or all to the site at some point before the first find on Thursday late afternoon/evening. If he did go back, maybe the same night he torched her SUV, before Wednesday night discovery? Or was it torched Sunday and not found? Wasn't there info that he had his truck detailed at some point? Anyone know when?

>>> Did he want them to find the clothes and the jawbone?
Maybe. He didn't like her family. He felt hostility from them, he said on Thursday. Maybe he wanted to taunt them and hurt them. Maybe he believed he could not be convicted without her body found.
Maybe when he saw the intensity and thoroughness of the search, and the media focus, he wanted the searchers to know she was deceased, thinking it would stop, maybe thinking he had it under control and he couldn't be linked.
If it did all happen on Sunday night, it seems like he would have needed help. That jungle is tough to navigate even by daylight. I just think it would be very risky to plan to go out there, and have lights on that could maybe be seen by drivers passing by. Seems more possible he went out there to do something quickly, not long and complicated.

Refresh on the timeline of that week:
Feb 9 - Sunday she is last seen. Her phone pings near Beach.

Feb 10 - Monday her dog Nala is found 12 miles east in Nahiku, neither tired nor dirty or distressed, but this is not immediately connected as her dog.
Monday a member of Charli's family comes to SC's work at Mana Foods and tells him Charli is missing. Family and friends are searching. Later in the day he takes them out there to Keanae. Parents file missing person's report. Mother later says Charli did not tell her parents she was going to see Capobianco that night.

Feb 11 - Tuesday the police show up at S.C.'s home "at 5:30 in the morning" and question him. At some point he takes polygraph.

Feb 12 - Wednesday night the 4Runner is found torched and on its side.

Feb - 13 Thursday (afternoon), SC is interviewed on phone by Mileka Lincoln and tells his story.
http://www.hawaiinewsnow.com/story/24721045/exclusive-ex-boyfriend-of-missing-pregnant-maui-woman-speaks
He mentions he is no longer searching with family because they are "getting hostile," but he has "ventured out" on his own.
Around dusk, at Nuaʻailua Bay just East of Honomanū, Phaedra finds bloody clothing, blanket (maggots), empty duct tape rolls, black men's jeans near the area SC showed them and the phone pinged, and takes them to police station.

Feb 14 - Friday the police conduct search where items were found and find Charli's jawbone, a tooth, and a blood sample that are reported later in the media.

The grand jury indictment charges that SC murdered Charli sometime during the period from Feb. 9 to Feb. 13 -- that is after she left her sister's house and prior to the discovery of the clothing. It is possibly telling that they state it as a window of time of 3-4 days and nights.

There is a lot of great analysis in these topics. I was thinking maybe a post with a list of pros and cons for the murder occurring where they found the evidence or somewhere else closer to his home. Maybe someone could start it and people could reply and add to it.
 
  • #853
Next hearing is 4/27/15
I'm not sure what it is for.
 
  • #854
Hi, this Maui News article explains what is going on.
http://www.mauinews.com/page/conten...ril-27-trial-set-for-Capobianco.html?nav=5161

To paraphrase info in article:
4/27 is the trial date set, but they can already foresee it will likely not start then, because defense counsel plans to file a motion to suppress evidence -- which is predictable but worrisome.
Also the State's laboratory analysis that is ongoing may not be completed in time.

The article also says SC does NOT want to waive right to speedy trial. I thought he had already done so, but it's possible that with a new attorney there is a reset for that, although I don't know the rules on that. I'm thinking that the public defender may have encouraged him to sign the waiver, but Apo may say SC didn't realize the implications or along those lines.

I don't like the sound of the motion on suppressing evidence. The clothes and blanket etc.. being removed from where they were found before police saw them comes to mind as an error that defense would try to exploit, especially if no one thought to take photos before disturbing them. I pray there is no traction for suppressing the key evidence.
 
  • #855
So hypothetically, remove the items the sister found from admissible evidence. How much of an impact does that have?
I am not familiar with the rules of evidence. It is reasonable, and more importantly is it the law that says evidence may not be touched, that only police may handle potential found evidence? That a minor in age found her sisters clothing and brought it to the police was a crime of sorts? Where is it dictated and made known as common knowledge on what can be touched? I'm getting aggravated. The laws protect the villains not the victims.
 
  • #856
My very cliff note version. I don't remember specifics to back up my theory, but I remember thinking this happened at the grandfathers house and that Charli and her car where hidden there for a day or two. He scattered evidence up Hana Hwy starting that night and drove back and forth several times. His actions took place over a few days ending with burning her car. For some reason I have a feeling base on the skull painting (that I see as a map), that off the coast of Keanae Road, where the big red blob of blood red paint is, is where he ultimately disposed of her.
 
  • #857
I should have linked the media sources for the post above with the timeline, so here they are before I lose track of them. I know they are posted in other places, but I think it is good to have them at hand. While it may seem like some of these are duplicates, each one has at least some statement/quote or other fact that is not in the others.

Missing Maui woman's car found burnt, on side 2/12/14 Hawaii News Now
http://www.hawaiinewsnow.com/story/24707232/missing-womans-dog-found-search-continues-for-charli

Exclusive: Ex-boyfriend of missing Maui woman speaks out (2/13/14 updated 7/14/14) - Hawaii News Now
http://www.hawaiinewsnow.com/story/...yfriend-of-missing-pregnant-maui-woman-speaks

POLICE: Evidence Recovered in Case of Missing “Charli” Scott - Maui Now
http://mauinow.com/2014/02/14/police-evidence-recovered-in-case-of-missing-charli-scott/

UPDATE: MPD waiting for forensics on new evidence in Charli Scott case 3/4/14 updated 3/5/14 - Hawaii News Now
http://www.hawaiinewsnow.com/story/24885045/significant-developments-in-charli-scott-case

Maui police reclassify Charli Scott case as homicide 3/7/14 updated 3/8/14 - Hawaii News Now
http://www.hawaiinewsnow.com/story/24920248/maui-police-reclassify-charli-scott-case-as-homicide

Murdered Pregnant Woman's Jawbone Found 7/16/14 updated 9/15/14 - Huffington Post
http://www.huffingtonpost.com/2014/07/16/carly-scott-murdered-jawbone-found_n_5593557.html

Source: Finding Scott's jawbone aided in murder charge 7/16/14 - KITV news
http://www.kitv.com/news/source-finding-scotts-jawbone-aided-in-murder-charge/26990100

Jawbone of missing pregnant Maui woman found 7/17/14 - CBS News
http://www.cbsnews.com/news/jawbone-of-missing-pregnant-maui-woman-found/

Here are also some Youtube links from early news:

2/12 Nala found
https://www.youtube.com/watch?v=or7HRuH8xg0

2/13 police find car
https://www.youtube.com/watch?v=aM5pFcx7ufw

2/14
https://www.youtube.com/watch?v=zI_xHbx6a0E

https://www.youtube.com/watch?v=48ppf_oEgkU

2/15 shoes found
https://www.youtube.com/watch?v=Wad5j9KJ_cQ

https://www.youtube.com/watch?v=PZHA04P057E
shoes found next night

2/16
https://www.youtube.com/watch?v=EIqjYZqzPUs

3/4/14
https://www.youtube.com/watch?v=E8iRaBrKjEI
 
  • #858
So hypothetically, remove the items the sister found from admissible evidence. How much of an impact does that have?
I am not familiar with the rules of evidence. It is reasonable, and more importantly is it the law that says evidence may not be touched, that only police may handle potential found evidence? That a minor in age found her sisters clothing and brought it to the police was a crime of sorts? Where is it dictated and made known as common knowledge on what can be touched? I'm getting aggravated. The laws protect the villains not the victims.
I don't know the answer on the rules of evidence, but I might do some research today if I have time. I know that there is a chain of custody, and in this case the police custody of the clothing begins at the station instead of the crime scene. If there is DNA evidence from him, it could be argued it was planted I suppose. SC said in his interview given just prior to the find that Charli's family was motivated to frame him. (🤬🤬🤬🤬🤬🤬🤬.)

He has an aggressive defense attorney now and not a PD. I expect him to try all the tricks in the book.
The clothes are crucial. If they were thrown out, the evidence of where on her body she was stabbed is gone, and that appears to be the basis for the enhanced sentencing.
 
  • #859
Yes, I'm with you. Without the clothes what other evidence is there that evokes the enhanced sentencing/life without parole.
I hope that is not what is trying to be suppressed.
I know we don't know everything they have. I pray there's more.
 
  • #860
My very cliff note version. I don't remember specifics to back up my theory, but I remember thinking this happened at the grandfathers house and that Charli and her car where hidden there for a day or two. He scattered evidence up Hana Hwy starting that night and drove back and forth several times. His actions took place over a few days ending with burning her car. For some reason I have a feeling base on the skull painting (that I see as a map), that off the coast of Keanae Road, where the big red blob of blood red paint is, is where he ultimately disposed of her.

I think this is right.
By Monday, everyone was looking for her 4Runner, but the distinctive grill had been removed that would make it easy to spot at night. He even says that he stopped searching with the family and "ventured out on my own." Chilling. He may have used her car the first night (with Nala), and later went out in his truck as part of the "search effort."

Did anyone here ever find info on what his grandfather's property is like, how aware the grandfather would be of goings on?
Do you have a link to the skull painting, and was it established that Steven created it? (I know it's probably from a template, but customized by him.)

The ocean here is a prime place for disposal of bodies, many have gone that way, but it's unreliable and can return its contents. SC, a Haiku boy, would know all about that. I think he must have done something he thought was clever to avert that.
 
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