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

[geevee]

No trial today?

 

[geevee]

It's finally Live.

 

[geevee]

State is resting, Defense will present its case Nov. 9th-10th, juror who had vacation scheduled Nov. 7th through Dec. 6th will be excused. Jury being brought in now.

 

[Kapua]

State is resting, Defense will present its case Nov. 9th-10th, juror who had vacation scheduled Nov. 7th through Dec. 6th will be excused. Jury being brought in now.

Really? Interesting.

 

[heartgoesout]

So an alternate juror will be stepping in?

 

[Kapua]

So an alternate juror will be stepping in?

Yes, the juror in seat #12 was excused and the first alternate was seated in his/her place. The defense will present its case on Nov 9-10. It's almost over.

 

[Mamamerced]

Did the state ever call Matthew M. and/or SC's brother, Mario?

 

[Mamamerced]

http://mauinow.com/2016/11/02/capobianco-trial-prosecution-rests-defense-to-call-witnesses/

 

[Kapua]

http://www.mauinews.com/news/local-news/2016/11/after-55-days-prosecution-rests/

Viewing the evidence in the light most favorable to the prosecution, “the court finds and concludes that the evidence is sufficient to support a prima facie case, such that a reasonable mind might conclude guilt beyond a reasonable doubt with respect to both of the offenses charged,” Cardoza said.

Mahalo, Lila Fujimoto and Maui News!

 

[Mamamerced]

I looked it up to make sure I understood the term correctly:
http://dictionary.law.com/default.aspx?selected=1598

 

[heartgoesout]

So Apo is not challenging the murder charge...he is only challenging the special provision.
Again, he is NOT challenging the murder charge...

 

[Loio]

http://www.mauinews.com/news/local-news/2016/11/after-55-days-prosecution-rests/

Viewing the evidence in the light most favorable to the prosecution, “the court finds and concludes that the evidence is sufficient to support a prima facie case, such that a reasonable mind might conclude guilt beyond a reasonable doubt with respect to both of the offenses charged,” Cardoza said.

Thank YOU Cardoza. Bbm.

 

[puakenikeni]

What this says to me is the prosecution has met its burden to present a sufficient case to continue to the defense portion. If it had not met the prima facie threshold, Cardoza would have needed to dismiss the case.

Prima facie, at first glance, means prior to being scrutinized and challenged. Defense now has the burden of rebutting evidence and conclusions drawn from it.

Apo said SC should be acquitted on both charges, the murder and the arson. So he is challenging both.
He's making a strong challenge to the special aggravated terms. He has the best opening there, because there are
no witnesses to any torture.

Back in 2015, the argument for aggravation was the number of stab wounds to
the womb. I expect that Rivera will still offer that. it does appear they cannot prove the stabbing was the cause of death or that she was not stabbed post-mortem.

I suspect the jury will find for the enhanced sentencing when it comes to that phase. I doubt anyone thinks her end was merciful
or quick. Nor that he deserves eventual release.

Nov. 10 is a Thursday, normally off. Is that what makes the witness special?

 

[puakenikeni]

The value of the Forerunner -- I don't think one can buy a running car for less than $500 on Maui, and not a popular vehicle
like a Forerunner. My son sold his completely totaled Forerunner for way more
than that.

 

[Loio]

Is it blue book value? Not street value? In other words, if the car were totaled in a wreck, would she get $500 for it from her insurance carrier?

 

[Loio]

Kelly Blue Book priced her car at $579-1210.

 

[heartgoesout]

Just got jury duty summons for January. :judge:

 

[Mamamerced]

http://www.mauinews.com/news/local-news/2016/11/connecting-the-dots-in-the-case-against-capobianco/

 

[Loio]

No witness has ever mentioned whether or not her blood also tested positive for the presence of amniotic fluid. It is a "given"?

 

[Kapua]

Just got jury duty summons for January. :judge:

I am serving on a jury now, as second alternate.