GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #7

[julieonmaui]

Me too... I really was hoping they would finish before the weekend.


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[heartgoesout]

When are Kimberlyn and family, and previous witnesses allowed in court to sit in on proceedings?

 

[puakenikeni]

Closing arguments. They were there ... with supporters.
Thus Apo's complaints about the crowded gallery.

I wouldn't have known the rule, but Kim posted it and Fiona put out a call for people to come and help the family get through it.

And Apo made some direct remarks about Kim driving MPD to focus only on Steven.

 

[Maisiebelle]

I think the jury might be having trouble with the lack of DNA evidence. We have been relying on DNA evidence for so long now that I suppose people can't bring themselves to convict someone without it.


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[Kapua]

I think the jury might be having trouble with the lack of DNA evidence. We have been relying on DNA evidence for so long now that I suppose people can't bring themselves to convict someone without it.


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They've only been deliberating for one day. And they have the arson to consider as well as the murder. I think some of the jurors might think that one witness, Jennifer Taylor, who saw him that night in Hana in a different vehicle, and two witnesses who lived near Jaws and smelled smoke that morning might not be enough to convict on the arson charge.

http://www.hlntv.com/slideshow/2013/03/19/jodi-arias-trial-famous-trial-deliberation-times

The jury in the Scott Peterson case took 7 days to deliver a verdict. There was no DNA, no cause of death, no murder weapon, only circumstantial evidence, very similar to the circumstantial evidence in this case.

 

[Maisiebelle]

I didn't mean they were taking too long to reach a verdict. I think thats what I am thinking so wonder whether the jury feel the same way

 

[Kapua]

I didn't mean they were taking too long to reach a verdict. I think thats what I am thinking so wonder whether the jury feel the same way

The first time that I was on jury duty, I learned this: That it is hard to get 12 random people to agree on anything. Each individual has a unique thought process. And when you deliberate in a room full of 11 other people whose thought processes are not the same as yours, you have to give each of those 11 people time to think the evidence through in their way, not yours.

Now to my way of thinking, Mr. Rivera made perfect sense. What are the chances that some random individual with no motive to kill Charli would have the same one out of 185 DNA profile as was found on the waistband of those jeans with Charli's blood on them? The cell phone records prove that he was in the same area as Charli that night.

Charli would have gone straight home from the party that night if SC hadn't called her. Remember Brooke's testimony?

The intuition is talking about knowing who to talk to first when inquiring about Charli… If Charli wasn’t at home and was supposed to be at work… For anyone to have asked for a favor that late at night would have been Steven, in my opinion,” she said.

“I don’t know anyone else in the world that would take her sleep time away from her,” she said. Defense attorney Jon Apo followed up with the question, “Other than Steven?” and Brooke Scott responded saying, “Correct.”

http://mauinow.com/2016/08/01/capobianco-murder-trial-day-18-charlis-older-sister-testifies/

 

[Loio]

The jury also has the volumes of testimony at their disposal as well as evidence photos.

 

[puakenikeni]

No, I didn't listen to the defense's closing arguments, nor do I intend to. Mario? LOL! The jury has no idea who Mario is.

Sorry for going back three days, but somehow I missed a page of new comments. And the site just ate my reply on he jury, sigh.

Mario was subpoenaed as a witness by the state, if one looks at the list, but he was apparently not called.

I think the defense closing was well worth watching, and it shows you what the jury saw. Also Cardoza chastised Apo again.

 

[Kapua]

Theft, extortion charges dropped, for now, on Carly ‘Charli’ Scott’s landlord

http://www.mauinews.com/news/local-...pped-for-now-on-carly-charli-scotts-landlord/

 

[heartgoesout]

That is crazy. You don't need her to state the facts that he burglarized her home and belongings. A landlord has no right to take belonging for rent owed let alone enter her home without just cause. This is crap.

 

[puakenikeni]

It is crap, and this maggot of a landlord disgusts me. Timing of dismissal sucks.
That said, landlord-tenant code law in Hawai'i covers areas of landlord entering property, which is civil law, not criminal. Normally tenants must sue for damages in civil court to recover for loss, so I am surprised the prosecutor was willing to file theft and extortion charges.

The landlord tenant code does allow for landlords to go in and deal with "abandonment" by tenant, but it's something like 20 days the tenant must be gone before that kicks in. And yes the landlord cannot confiscate property for rent due, but must sue for recovery.

Maybe the criminal charges were because there was no reasonable reason under the code for him to even begin to justify his actions.

The laws are not very well thought out for cases of death in the family where there is no estate planning, sad but true. Even worse with a missing person. A family has no automatic legal rights to the property of an adult child without a spouse or children, even though they are the heirs by intestate succession.
There's a process to go through. Sigh.

 

[heartgoesout]

I will have to read up Hawaii landlord tenant law. I am extremely familiar with these laws but in Pennsylvania. I have been to court for landlord tenant cases for over 15 years probably topping 200+ times.
A landlord has the right to enter a property with reasonable cause. That is not the issue, they can prove reasonable cause here, but everything that happened afterwards is against "typical" law. LE does not need Charli to press charges or prove charges. Heartbreaking the laws are working against the Scott's. I'm so frustrated right now.

 

[EmmaliLucia]

Apo totally destroyed any credibility he had with this case imho.

He attempted to turn this trial into an "OJ vs. The people" style hooplah. Constantly interrupting, accusing the judge of sleeping... Oh boy, he was not doing SC ANY favours in that trial.

I'm going to be waiting for the jury to come back with a conviction. Hopefully Charli and her family can get justice

 

[puakenikeni]

I will have to read up Hawaii landlord tenant law. I am extremely familiar with these laws but in Pennsylvania. I have been to court for landlord tenant cases for over 15 years probably topping 200+ times.
A landlord has the right to enter a property with reasonable cause. That is not the issue, they can prove reasonable cause here, but everything that happened afterwards is against "typical" law. LE does not need Charli to press charges or prove charges. Heartbreaking the laws are working against the Scott's. I'm so frustrated right now.

I agree 100% on the emotional suckitude of the legal constraints.

All I am saying is that when landlords break the landlord tenant code, it is up to the tenants to bring a civil case for damages. The state does not typically get involved absent physical violence. But they did here, and they were given the option to refile-- so there clearly was some kind of criminal liability to be proven.

I remember decades ago when I first learned the hard way about the state's disinterest in making victims whole or even partly so. Some lunatic put a boulder through my car windshield. I was a struggling single mom and didn't have that type of car insurance. I filed a police report and they arrested the guy. I later went to the trial and testified. After it was over, I asked the DPA what about my loss, having to sell my only vehicle for salvage, with no way to replace it, living far from town in an area with no public transit.

They explained their only concern was with maintaining the laws, not the victim. That I could try suing, but the guy was a head case, and judgment proof. That he had a violent psycho hatred of car windshields, and had done this many times, yet he couldn't be locked up.

I hadn't really thought about it in those terms before; I had thought the court would order restitution if he was found guilty, but no.

Back to Hawai'i, the police here don't want to deal with landlord-tenant disputes, and the first thing they tell you is it's a "civil matter."
If it's a repeated harassment, they tell you to apply for a TRO, which costs you money and you have to write up and file. If you get the TRO, the police enforce it, but otherwise they are no help other than taking a report that you can present to the judge to support the TRO application.

 

[puakenikeni]

Apo totally destroyed any credibility he had with this case imho.

He attempted to turn this trial into an "OJ vs. The people" style hooplah. Constantly interrupting, accusing the judge of sleeping... Oh boy, he was not doing SC ANY favours in that trial.

I'm going to be waiting for the jury to come back with a conviction. Hopefully Charli and her family can get justice

I certainly didn't like the "Apo-plectic tantrums."
He did not have much to work with.
If Steven had wanted to get away with murder and studied up, he would have learned that the right to remain silent is an excellent right and one he should have observed strictly.

I shudder to think if he had not given interviews and not ever said he saw Charli that night and went out to Keanae with her. He might not even have been arrested. Imagine if he had not left the bone fragments, hair, nails, clothes, blanket etc.. behind. No trial, no certainty of murder. A torched car and a mysteriously transported dog would not be enough. Even though he did lie about knowing she was pregnant.

Jennifer Taylor would have been the only real evidence he was in Charli's vehicle, and she didn't spot the license plate.

so really, it worked out much better for nailing him than it might have been.

 

[Loio]

Still no verdict huh? I hope they're not deadlocked.

 

[EstrellaEspectral]

I've been so wrapped up in grief around the Oakland fire this weekend, I've barely checked in here. No news yet? Those poor jurors have so much to sift through. My heart is with them as they go over all the evidence. This had to have been a difficult trial. I'm glad they will at least have things wrapped up in time for the holidays so they can be done with this stress and hopefully be able to focus more on their families.

 

[Kapua]

I didn't (and don't) expect to hear anything until tomorrow at the earliest. It was a long trial. I do hope we will hear something by Friday.

 

[heartgoesout]

I'm nervous. Prayers to Kim and family, friends. This must be agonizing for them. Hopefully they are getting updates from the attorneys of some sort. aaah!