GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #3

[heartgoesout]

What??? Why??? The article doesn't say why the defense has now asked for a delay.

 

[Alohaj]

This much is true, no one that would dismember ANY body is not just someone killing as a crime of passions, and therefor if they have not already killed before, will surely kill again. That is sick, sick behavior.

 

[puakenikeni]

Thanks MM, for the heads up. I had not seen the news. Sigh.
Maui News also ran an article, but this time it has even less info than Maui Now. Linking it but nothing new.
http://www.mauinews.com/page/content.detail/id/607839/Capobianco-murder-trial-delayed.html?nav=10

When imagining why the defense needs another continuance, my best hope is that the discovery released to them from the recent repeated DNA tests sent them into a tizzy and they need time to regroup.

 

[puakenikeni]

Question, anyone besides me unable to stay logged in here on a mobile device? I've been stopping by here on mobile to read comments, and when I go to Thank I see I'm logged out again, even after a few minutes. It's so annoying that I've stopped logging in at all (right now I am on desktop).
Most sites let me stay logged in until I log out, if ever.

 

[heartgoesout]

I've not had that problem, but using this site on a phone, at least an iPhone, is not user friendly so I barely use it.

ps I so hope you're right that the evidence came back with SC written all over it.

 

[OkieGranny]

Question, anyone besides me unable to stay logged in here on a mobile device? I've been stopping by here on mobile to read comments, and when I go to Thank I see I'm logged out again, even after a few minutes. It's so annoying that I've stopped logging in at all (right now I am on desktop).
Most sites let me stay logged in until I log out, if ever.

Be sure to tick the Remember Me box when you log in!

 

[heartgoesout]

Is an actual websleuths mobile app in the works?

 

[RunDaSurf]

When a trial delay the witness come and go. Wait enough years SC will die old age before trial.

One SC friend
http://mauinow.com/2014/10/15/driver-in-haʻiku-crash-succumbs-to-injuries/

 

[puakenikeni]

Be sure to tick the Remember Me box when you log in!

thanks, I always have checked the box, and yet it never remembers me or even auto fills the username or saved password. That is what frustrates me.

 

[pappa rob]

thanks, I always have checked the box, and yet it never remembers me or even auto fills the username or saved password. That is what frustrates me.

It doesn't auto fill in for me, but it should remember as long as you don't sign out.

 

[Nikki Lisette]

When a trial delay the witness come and go. Wait enough years SC will die old age before trial.

One SC friend
http://mauinow.com/2014/10/15/driver-in-haʻiku-crash-succumbs-to-injuries/

I remember Zach's tragedy. But his then-gf is a good friend of the Scott family. Would Zach have been a witness for the defense or the State?

 

[Nikki Lisette]

Is an actual websleuths mobile app in the works?

I'm on mobile and I like it. The only thing I can't see or do is "thank" other posters.

 

[Kapua]

Get out your calendars, flip to May...


http://mauinow.com/2016/03/09/state...again-scheduled-in-may/#.VuDJLAnTD7k.facebook

Disappointing. But at least SC is incarcerated, rather than out on bail.

 

[Niner]

Wasn't there a hearing on 3/14??

Anyone?

 

[heartgoesout]

I think at the hearing is when it was delayed again per the defense request.

 

[Mamamerced]

Disappointing. But at least SC is incarcerated, rather than out on bail.

Good point, Kapua, but it just adds to the ceaseless agony of Charli's family.

 

[puakenikeni]

Hi all, just checked the Court site. Jury trial is set for May 23rd now. Motions in limine (see below for definition) to be heard May 18th. Cardoza still judge.

There is a long list of those who have received subpoenas to appear in court, if you want to know. Most of them I don't know who they are, some I do. Numerous LEOs of course.

AT&T Wireless
Forensic Entomologist.
Fire Investigator
SC's GF
The female whose house he broke into and stole stuff, who filed the burglary complaint.
KS, BS, FW & PW.

For some reason, they gave the case a new start date of 2-16-16, with a new indictment, new case #.
New Case # is 2PC16-1-000133

Black's Law Dictionary (8th ed. 2004) defines "motion in limine" as "a pretrial request that certain inadmissible evidence not be referred to or offered at trial." A motion in limine is used to get a ruling to allow for the inclusion of evidence, not only to get a ruling as to whether or not evidence will be precluded from trial. They are made "preliminary", and it is presented for consideration of the judge (or arbitrator or hearing officer) to be decided without the merits being reached first.

 

[Mamamerced]

Thank you, Pua! The Scott family must be so nervous; my heart is soooo with them. The "motion in limine is a bit unsettling, although it's most likely SOP. I especially am unnerved by the "to be decided without the merits being reached first". My brain can't wrap itself around that wording.

 

[puakenikeni]

Hi MM, I am with you on feeling for the family. I know they are strong warriors. I hope hope hope they are allowed to testify early and to be present in the courtroom.

i wouldn't worry too much about the definition wording, which is rather murky to figure out. I think it's that the trial is the process that establishes the merits of the evidence, but some evidence is not allowed in regardless of its potential merit.

It is SOP for the defense to argue that some evidence has prejudicial effect that outweighs its "probitive value" -- things that make SC look bad but aren't key pieces of the case. Then there is evidence that has admissibility problems according to the Rules of Evidence.
The prosecution can at this time move to add evidence to what has already been listed and shared with the other side through discovery, possibly recently learned.

One hopes that Maui News will report on the motions in limine hearing.
Jury selection should be challenging.

 

[Mamamerced]

Ahhhh, you make legalese clear, Pua. Thanks for taking time to help me understand. Yes, I think it's critical for the family to be present during the trial. Such cruelty if they are denied that.