GUILTY IN - Mercedes Lain, 11 mos, extreme danger Plymouth, 12 Aug 2021 *3 Arrests, includes parents*

[FrostedGlass]

So the GF was there when this happened,and did nothing. SMH.

It's worse than that. The judge live streamed the plea hearing and I watched it.

He told the judge that she was mad because she wanted to go to the festival. He didn't and that's why he came back to her house so late. He and the baby were sleeping on the futon and she came out of her bedroom and the fight started. After he backhanded the baby, he gave her her bottle and she settled down. GF came back out and the fight started again... he slapped the baby, covered her mouth to keep her from crying... again he gave her a bottle and she settled down.

I'm really glad the parents were not successful in getting their charges dropped.

 

[AgeofAquaruis]

It's worse than that. The judge live streamed the plea hearing and I watched it.

He told the judge that she was mad because she wanted to go to the festival. He didn't and that's why he came back to her house so late. He and the baby were sleeping on the futon and she came out of her bedroom and the fight started. After he backhanded the baby, he gave her her bottle and she settled down. GF came back out and the fight started again... he slapped the baby, covered her mouth to keep her from crying... again he gave her a bottle and she settled down.

I'm really glad the parents were not successful in getting their charges dropped.

She wanted to go to the festival. Priorities. SMH. MOO

 

[FrostedGlass]

@Niner Update for KL; nothing new for TC
12/30/2021 = Document Filed
Court receives letter from Defendant. Letter referred to the Court.
Filed By: Lain, Kenneth Robert

12/30/2021 = Order Issued
Entry and Order Regarding Letter, Self-Represented Request, or Non-Conforming Pleading. Court FINDS copies of correspondence forwarded to interested parties.
Judicial Officer: Sarber, Matthew E.

12/31/2021 = Document Filed
Court receives correspondence from Defendant. Correspondence referred to the Court.
Filed By: Lain, Kenneth Robert

12/31/2021 - Order Issued
Entry and Order Regarding Letter, Self-Represented Request, or Non-Comforming Pleading. Court FINDS correspondence forwarded to all interested parties and attorneys.

01/20/2022 = Status Conference
Session: 01/20/2022 8:15 AM, Judicial Officer: Sarber, Matthew E.

 

[FrostedGlass]

Update for JM

12/30/2021 = Motion Filed
Motion to Pay for Deposition at Public Expense
Filed By: Miller, Justin Lee

01/17/2022 = Jury Trial
Session: 01/17/2022 9:00 AM, Judicial Officer: Hall, Kim
02/14/2022 = Jury Trial
Session: 02/14/2022 9:00 AM, Judicial Officer: Hall, Kim

 

[Niner]

Update for JM

12/30/2021 = Motion Filed
Motion to Pay for Deposition at Public Expense
Filed By: Miller, Justin Lee

01/17/2022 = Jury Trial
Session: 01/17/2022 9:00 AM, Judicial Officer: Hall, Kim
02/14/2022 = Jury Trial
Session: 02/14/2022 9:00 AM, Judicial Officer: Hall, Kim

Wait a second - ?? Didn't he just pled guilty?? And his sentencing date was supposed to be 1/18/22??
What happened? Didn't change his plea?? I'm lost on this one!

Here's my notes from his plea...

12/20/21 Update: Miller says he was really high on synthetic weed & takes thorazine for mental problems & hit the baby when she started crying because of a fight with girlfriend. Miller said he “backhanded” the child in the face to try & keep her quiet & that her head hit the wall. Mercedes was next given a bottle which calmed her down, but only until the argument later reignited. That’s when Miller said he smacked the child again & that she went back down. Miller said he awoke later that day and discovered the child was not moving. Plead guilty to plea agreement. The plea agreement leaves sentencing to the discretion of the court. Miller’s guilty plea was taken under advisement by Starke County Circuit Court Judge Kim Hall. The plea deal provides no leniency. Miller would receive the same possible punishment by pleading guilty as he would if convicted at trial (45 to 65 years). The judge still has to accept or reject the plea. This will be done at the sentencing hearing which is scheduled for 1/18/22.

 

[FrostedGlass]

@Niner I don't know but I'll venture a guess.

During the plea hearing they were talking about how many witnesses the attorneys would call for the sentencing and his attorney said he thought two would speak on his behalf. Maybe one of them couldn't appear in person so they took a deposition?

 

[Niner]

@Niner I don't know but I'll venture a guess.

During the plea hearing they were talking about how many witnesses the attorneys would call for the sentencing and his attorney said he thought two would speak on his behalf. Maybe one of them couldn't appear in person so they took a deposition?

still scratching my head... so no sentencing on 1/18/22, but a jury trial starts on 1/17/22 with a back of 2/14/22?? Or??

 

[FrostedGlass]

still scratching my head... so no sentencing on 1/18/22, but a jury trial starts on 1/17/22 with a back of 2/14/22?? Or??

That sentencing date came from the newspaper but it hasn't been added to the court calendar. I checked Doxpop and his Jan. jury trial is still listed as confirmed. The Feb date is a backup in case things aren't done by Jan.

They were still waiting for body cam vids at the Dec 12 hearing and I don't see where the Presentence Investigation Report has been completed yet. Maybe the judge is just making sure they are ready to go before he cancels the jury trial and sets the sentencing date?

 

[Niner]

Okay - got it now @FrostedGlass - that all makes sense! Thanks!

 

[FrostedGlass]

@Niner Update for Miller; there are no changes on dates.

01/07/2022 = Document Filed
V impact Stmt-Lain.pdf
Filed By: State of Indiana

01/07/2022 = Discovery Filed
Discovery Notice of Compliance
Filed By: State of Indiana

01/07/2022 = Document Filed
Overall Locations.pdf
Filed By: State of Indiana

01/07/2022 = Document Filed
Autopsy Report.pdf
Filed By: State of Indiana

01/07/2022 = Document Filed
Autopsy Photos.pdf
Filed By: State of Indiana

01/07/2022 = Document Filed
Scene 2.pdf
Filed By: State of Indiana

01/07/2022 = Document Filed
Scene 1A.pdf
Filed By: State of Indiana

01/07/2022 = Document Filed
Scene 1B.pdf
Filed By: State of Indiana

01/07/2022 = Document Filed
Mishawaka Photos.pdf
Filed By: State of Indiana

01/17/2022 = Jury Trial
Session: 01/17/2022 9:00 AM, Judicial Officer: Hall, Kim
02/14/2022 = Jury Trial
Session: 02/14/2022 9:00 AM, Judicial Officer: Hall, Kim

 

[Niner]

@FrostedGlass - since you have the trial date of 1/17 listed above - I take it the Judge didn't accept his plea deal? From my notes:

Plead guilty to plea agreement. The plea agreement leaves sentencing to the discretion of the court. Miller’s guilty plea was taken under advisement by Starke County Circuit Court Judge Kim Hall. Sentencing 1/18/22.

I see that the State filed the victim impact statements - maybe sentencing will be happening....

 

[FrostedGlass]

The newspaper is where the 1/18 date came from; it isn't on the Doxpop schedule. I'm not sure about the 1/17 trial... it's Martin Luther King Jr Day.
I'm not sure but I think the judge has until the sentencing to decide on the plea.

 

[Niner]

The newspaper is where the 1/18 date came from; it isn't on the Doxpop schedule. I'm not sure about the 1/17 trial... it's Martin Luther King Jr Day.
I'm not sure but I think the judge has until the sentencing to decide on the plea.

I think I'm repeating myself - sorry about that! I'll wait & see if the court site is updated soon.

 

[FrostedGlass]

I think I'm repeating myself - sorry about that! I'll wait & see if the court site is updated soon.

 

[Niner]

any new news on trial starting 1/17?

TIA! L0

 

[FrostedGlass]

@Niner Nothing new. Hmmm... Lo?
Edited to add: I removed the dates. They were for the wrong case.

 

[twall]

Here are the latest court docket entries for JLM, judge probably accepted plea as a pre-sentence investigation report was filed so trial will be canceled. No sentencing date on docket yet.

01/10/2022
Pre-Sentence Investigation Report Filed
PSI filed together with certificate of service

01/11/2022
Document Filed
2021080076 Lab Results Latex Glove.pdf
Filed By:
State of Indiana

01/11/2022
Document Filed
2021080076 DNA Reports Clothing.pdf
Filed By:
State of Indiana

01/17/2022
Jury Trial
Session:
01/17/2022 9:00 AM, Judicial Officer: Hall, Kim

02/14/2022
Jury Trial
Session:
02/14/2022 9:00 AM, Judicial Officer: Hall, Kim

 

[twall]

KL and TC-

01/20/2022
Status Conference
Session:
01/20/2022 8:15 AM, Judicial Officer: Sarber, Matthew E.

 

[Niner]

@Niner Nothing new. Hmmm... Lo?

01/04/2022
Bail Review Hearing
Session:
01/04/2022 9:15 AM, Judicial Officer: Worton, James D.

01/07/2022
Discovery Filed
Discovery
Filed By:
State of Indiana
File Stamp:
01/07/2022

04/04/2022
Change of Plea Hearing
Session:
04/04/2022 9:00 AM, Judicial Officer: Worton, James D.
04/25/2022

Pretrial Conference
Session:
04/25/2022 11:00 AM, Judicial Officer: Worton, James D.
05/10/2022

Jury Trial
Session:
05/10/2022 8:30 AM, Judicial Officer: Worton, James D.

Who is this for?? Wrong thread?

 

[FrostedGlass]

Who is this for?? Wrong thread?

Yes. Wrong thread...I was looking at the 1/17 date, which is for Jeremy Sweet. I'll see if I can edit it.