Found Deceased KS - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #11 *Arrest*

[ZoriahNZ]

Should I edit my posts to remove reference to the tag? In this latest article EG's attorney is claiming that JH is her spouse. I was referring to evidence in support of that, and speculating in light of this new development.

 

[Amonet]

Wait! There's a restraining order? Or is this just hypothetical?
Also, I would think she wouldn't be allowed to be around any of her other children, so if JH has their daughter, then that might be a pretty significant factor.

In the article we're talking about that was linked (now two pages ago, I think) it said that there's an order restricting EG from contact with three people, JH, Lucas, and her little girl.

I don't really understand the spousal privilege. Who has the privilege, EG or JH? Because it can be that things the accused has said to their spouse are privileged, in which case JH wouldn't be able to say anything even if he wanted to because the privilege would belong to EG and not not to him.

In some states child murder does not have spousal privilege rights, but I'm not sure if that's the case in all states, or if it's only child murder or also includes child abuse/endangerment, etc.

We need a legal person to help us out.

 

[chihuahua]

I linked the article on the proposal to end new common law marriages in Kansas a page back.
Here it is if anyone missed it:
http://www.kansas.com/news/politics-government/article131568029.html

 

[Gardener1850]

IIRC it was NG saying it near the beginning of her podcast on this case.
https://www.stitcher.com/podcast/mrw-productions-llc/crime-stories-with-nancy-grace/e/53447443
:moo:

Thanks! I can't listen right now but I'll take your word for it. I don't put much weight on things NG says so I don't pay too much attention to her. MOO.

 

[RoyalsGal8]

Even if JH now claims they aren't spouses, there is evidence he publicly referred to her as such on SM. Still, there's nothing stopping him testifying against her, should he choose to do so. I've just been under the impression since his odd comments about the abuse allegations in public interviews that he's still in deep denial and would rather believe she's not responsible. Or that there are other things in the past she could throw back at him in court, should he not defend her position. Just my speculation based on public comments/actions.

Not just SM- also in news articles.

“There shouldn’t be a lynch-mob mentality against his wife, he said.

“I realize it’s frustrating for the public not to know” what happened to Lucas, he said.

He added he remains hopeful that his son will be found OK.

If his wife can obtain a lower bond and get out of jail, it would benefit her and their children — their daughter and Lucas, Hernandez said.

“I’m sure we have a lot of things to do personally between her and me” if she gets released, he said.

Read more here: http://www.kansas.com/news/local/crime/article204752704.html#storylink=cpy”


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[Paddleboarder]

I don't think spousal privilege means that a spouse cannot testify against their spouse, only that they can't be compelled to.

You are correct


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[Kamm5]

Glass’s current bond prohibits her from contact with three people identified in the court document as “JAH, LH and MH.” Those match the initials of her husband, her missing stepson and her daughter, the attorney wrote. Glass is asking to be able to have contact with them, the court document says.

Read more here: http://www.kansas.com/news/local/crime/article204719964.html#storylink=cpy

 

[ScarlettLin]

http://www.kansas.com/latest-news/article204752704.html
I’m speechless. JH says he will welcome her home if she can get out of jail.
But if there’s a restraining order, how does that work?

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[Insomnia Momma]

Stepmom of missing boy — Lucas Hernandez — wants lower bond, says she's not a threat

The jailed stepmother of a missing Wichita boy is asking a judge to change her bond so she can go home to her husband and have contact with the boy and other children.

“Defendant does not pose a threat or harm to the community,” Emily Glass’ attorney argues in a court document filed in Sedgwick County District Court on Friday.

Glass, 26, is the stepmother of 5-year-old Lucas Hernandez, who had been missing for 23 days as of Monday. Wichita police and the FBI have been conducting a criminal investigation of the boy’s disappearance. Police, volunteers and a national group have assisted in looking for Lucas.

Glass’s attorney says that the stepmother’s $50,000 bond is too high.

http://www.kansas.com/news/local/crime/article204719964.html

I figured this was coming. It’s a high bond and she’s been in jail for almost 3 weeks now. The attorney is basically forcing the state to lay their cards on the table.

 

[Kadoober]

Stepmom of missing boy — Lucas Hernandez — wants lower bond, says she's not a threat

The jailed stepmother of a missing Wichita boy is asking a judge to change her bond so she can go home to her husband and have contact with the boy and other children.

“Defendant does not pose a threat or harm to the community,” Emily Glass’ attorney argues in a court document filed in Sedgwick County District Court on Friday.

Glass, 26, is the stepmother of 5-year-old Lucas Hernandez, who had been missing for 23 days as of Monday. Wichita police and the FBI have been conducting a criminal investigation of the boy’s disappearance. Police, volunteers and a national group have assisted in looking for Lucas.

Glass’s attorney says that the stepmother’s $50,000 bond is too high.

http://www.kansas.com/news/local/crime/article204719964.html

Have contact with 'the boy'??
Um.... what?

ETA - but really though. Is she so full of it that she is just acting like Lucas is at home, waiting for her? This is so beyond weird I don't know what to make of it.

 

[chihuahua]

Thanks! I can't listen right now but I'll take your word for it. I don't put much weight on things NG says so I don't pay too much attention to her. MOO.

Agreed! The one thing people like her do accomplish is calling national attention to cases like this. I don't think millions of people listen to her podcasts but I may be wrong.
jmo

 

[Elle*Bee]

Just jumping of your post
I've read very little bits of this previously, (so am uninformed)so in US a husband/wife or long term de facto cannot testify against the other ? Even if they wanted to hypothetically ? Is that right ?



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I’m not a lawyer, but I believe spousal privilege prevents one spouse from *being compelled* (forced) to testify against the other. However, there is nothing to prevent a spouse from testifying if he or she wishes to do so.

(Not sure it’s true for every single state, but I believe for most.)

 

[Gardener1850]

http://www.kansas.com/latest-news/article204752704.html


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Quotes from article:

The father of a missing Wichita boy says he would welcome his wife home if she can win release from jail.

Jonathan Hernandez’s wife, Emily Glass, is seeking a lower bond so she can go home.

Glass is being held in jail on a $50,000 bond, charged with a misdemeanor — endangering the couple’s 1-year-old daughter. Before she was charged, police announced that she had also been arrested on suspicion of endangering her missing 5-year-old stepson, Lucas Hernandez. Prosecutors charged her only with endangering her daughter.

In a phone interview with The Eagle on Monday — the 23rd day that his son, Lucas, has been missing — Jonathan Hernandez said: “I am standing by her until either some other information comes out or something about the case breaks. If it involves her, obviously it would be different. Obviously, my thoughts would be changing if she was implicated in any way involving Lucas.”

Read more here: http://www.kansas.com/latest-news/article204752704.html#storylink=cpy
​

:thud:

 

[Kuyluc2764]

I seen something in past threads that I was curious about. Does anyone know how long it takes for wounds to heal post mortem? I have seen some people say that the longer it takes to find Lucas there won't be any evidence of abuse. Is that meaning if it's skeletal remains? Because I would think that once a body dies, wounds and brusies don't heal. Forgive me if I sound like i should repeat the 5th grade.

 

[chihuahua]

Not just SM- also in news articles.

“There shouldn’t be a lynch-mob mentality against his wife, he said.

“I realize it’s frustrating for the public not to know” what happened to Lucas, he said.

He added he remains hopeful that his son will be found OK.

If his wife can obtain a lower bond and get out of jail, it would benefit her and their children — their daughter and Lucas, Hernandez said.

“I’m sure we have a lot of things to do personally between her and me” if she gets released, he said.

Read more here: http://www.kansas.com/news/local/crime/article204752704.html#storylink=cpy”


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Well there's our answer. He's gonna keep believing her in all likelihood.
"The father of a missing Wichita boy says he would welcome his wife home if she can win release from jail."
:gaah:

 

[Gardener1850]

Have contact with 'the boy'??
Um.... what?

That was my reaction too, Kadoober.
Would be nice if she told where he is first, wouldn't it? :gaah:

 

[Busylady]

Wait! There's a restraining order? Or is this just hypothetical?
Also, I would think she wouldn't be allowed to be around any of her other children, so if JH has their daughter, then that might be a pretty significant factor.

Daughter is in state custody

Glass isn’t at risk of fleeing and doesn’t pose a threat to the community or to her child, who has been placed in state custody, Leth-Perez said. Glass needs to be involved in her child’s pending child-in-need-of care case, her attorney said.
http://www.kansas.com/news/local/crime/article204719964.html

 

[Kadoober]

Well there's our answer. He's gonna keep believing her in all likelihood.
"The father of a missing Wichita boy says he would welcome his wife home if she can win release from jail."
:gaah:

Ok then. Super.
I'm going to go home, drink all the gin, and tear my fricking hair out.

 

[Kamm5]

Just speechless on JH remarks

 

[Horror]

Well there's our answer. He's gonna keep believing her in all likelihood.
"The father of a missing Wichita boy says he would welcome his wife home if she can win release from jail."
:gaah:

This is extremely disheartening to read to be honest. I will be cheering Tex search today with extra hoping
Edit - that doesn't make sense but hope you get that - I meant I was already cheering them in but now it will be with loads more energy sent


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