Found Deceased KS - Lucas Hernandez, 5, Wichita, 17 Feb 2018 #23

[JulesinOz]

I just want to say this: Lucas didn't get what he deserved in life, but we're going to get him the justice he deserves now. We're not giving up. We're going to find Lucas. And we're going to celebrate that little boy like he deserved to be celebrated in life. Every. Single. Day.

We're going to fight for legislation in his honor. We're going to spread the word that our little people are valued. We're going to make it clear that it is not acceptable to not put your kiddos first.

Now I'm going to take a shot of two of whiskey, shed a few more tears, and try to get some sleep. It's another day tomorrow. A new day to try to find a way to honor our boy Lucas.

 

[Alexsea]

I’d really like to know what the jury instructions were, and if they addressed her confessions/admissions in light of the lack of physical evidence of drug use.

Testimony in court is one thing. How the jury is instructed to use that information is another.


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[kkdj]

Yes, I think a landlord could use that written testimony to prove she smoked pot in his house to have them evicted for drugs.

I don’t know if they’re renters there, still.Honestly why would JH still be paying rent there? I don’t know if he is, but they never really “lived” there and I assume their relationship has seriously fallen apart (at least I hope so).

I’m sure she’s no where in the city. Likely out of state by now at the advice of her lawyer.

She doesn't need to tell anyone where she goes either does she? There's no monitoring at all. She's free to move to Mexico if she wants to and nobody might even know. They need to arrest her behind as soon as possible, before she gets a whole new ID, a whole new life.

 

[DakotaMayi]

She doesn't need to tell anyone where she goes either does she? There's no monitoring at all. She's free to move to Mexico if she wants to and nobody might even know. They need to arrest her behind as soon as possible, before she gets a whole new ID, a whole new life.

Is she still an official POI in Lucas’ case? Was she ever? (I’m losing all sanity and can’t remember the simplest of things after today’s verdict!) if she is, surely she cannot. If she isn’t, I’m seeing visions of a Scott Peterson type runaway, the dyed hair and everything. Either that or she’s just arrogant enough to stay.


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[Jewels53]

Here I thought all of the weight gain was from all of the good food at the jail, not from something else! :

You all are saying it is from drugs in the jail, I would not have thought of that. I do know they exist and so does alcohol.

 

[kkdj]

The only thing that might keep her close by is her children, but if she's scared she'll run.

 

[kansasjason]

Kansas has pattern instructions. You can dig in here:
https://kansasjudicialcouncil.org/publications/archived/PIK%20Crim/PIK%20Crim%203d%201993.pdf

https://kansasjudicialcouncil.org/publications/archived/PIK Crim/PIK Crim Supp 2010.pdf

I’d really like to know what the jury instructions were, and if they addressed her confessions/admissions in light of the lack of physical evidence of drug use.

Testimony in court is one thing. How the jury is instructed to use that information is another.


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[kkdj]

Is she still an official POI in Lucas’ case? Was she ever? (I’m losing all sanity and can’t remember the simplest of things after today’s verdict!) if she is, surely she cannot. If she isn’t, I’m seeing visions of a Scott Peterson type runaway, the dyed hair and everything. Either that or she’s just arrogant enough to stay.


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I'm not sure of this but I don't think LE can rule that a mere POI can't leave town. Think about all the POI's out there for different offenses. They don't have to report about their whereabouts unless they are on probation or a RSO. (to my knowledge)

 

[DakotaMayi]

I'm not sure of this but I don't think LE can rule that a mere POI can't leave town. Think about all the POI's out there for different offenses. They don't have to report about their whereabouts unless they are on probation or a RSO. (to my knowledge)

True story.

Is she a “suspect?”


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[kkdj]

True story.

Is she a “suspect?”


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Not they have publicly named. There's some law about questioning a POI and questioning a suspect. If someone is a suspect, the police are required to read him his Miranda rights before questioning him. However, if he is merely a person of interest, there is no requirement to do this, unless he is about to do something that will incriminate himself. However, because the term is not formally defined, different police departments may have different definitions insofar as what a person of interest specifically means to them.

 

[DakotaMayi]

Not they have publicly named. There's some weird law about questioning a POI and questioning a suspect.

Thanks, hon! Today has knocked me back. I definitely need to get a notebook for facts for these cases!


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[WildcatRunner]

Here I thought all of the weight gain was from all of the good food at the jail, not from something else! :

You all are saying it is from drugs in the jail, I would not have thought of that. I do know they exist and so does alcohol.

I was saying maybe it was from lack of drugs in jail. You can get very thin on hard drugs. She was able to gain some weight as she got healthy in there. Not to defend her, but I sure hope she stays healthy. She has an unborn child to focus on. At least let the jail count as 3 months of free rehab, and keep yourself clean and healthy now.

 

[ScarlettLin]

Here I thought all of the weight gain was from all of the good food at the jail, not from something else! :

You all are saying it is from drugs in the jail, I would not have thought of that. I do know they exist and so does alcohol.

I think it was being said to be the lack of drugs in jail, plus less than nutritious food, equaling the weight gain


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[kkdj]

I'm so upset but I can see how the jury voted for acquittal. At least all of her children are taken away from her right now. I don't know if she'll try to get them back or not. She has a lot against her and hopefully more serious charges coming soon. I kind of feel her getting her kids back might be futile and if she thinks this way she'll run fast and far. I wonder what's going on with her and JH right now. if she runs will he go with her? He has a court date next week. Will he be a fugitive?

 

[liltexans]

:seeya:

Friendly reminder that only EG and JH may be sleuthed in this case at this time. JO is a victim and where she is living or staying at this time is not any of our business unless she chooses to release that information.

Thank you for cooperating.

This post lands at random.

 

[ScarlettLin]

Not they have publicly named. There's some law about questioning a POI and questioning a suspect. If someone is a suspect, the police are required to read him his Miranda rights before questioning him. However, if he is merely a person of interest, there is no requirement to do this, unless he is about to do something that will incriminate himself. However, because the term is not formally defined, different police departments may have different definitions insofar as what a person of interest specifically means to them.

The Supreme Court has defined it as in custody vs not in custody. It’s loosely defined but in custody can be as simple as the person feels like they cannot leave - but should it be challenged their attorney has to show it beyond ‘my client felt this way’
Because of this often times police departments will set up and conduct interviews at places such as the person’s home, or coffee shops and fast food restaurants to demonstrate the person is not in custody.
This is paraphrased from my textbook on criminal law for law enforcement


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[nyvictoria]

Thanks, Tricia. We'll rein it in...I hope. [emoji6]

I think LE's next step could be to pursue one of the tabled charges. Or, to leave her as is, and see if she makes a mistake in her new found freedom. All the kids she had in her care that were at risk are successful removed (not to say Lucas'method of removal was good, but I hope you all understand the gist of what I mean), so she's not an immediate risk to anyone except her unborn child, who unfortunately doesn't have the same rights as a child after birth.

I actually have a fear she could OD. Her appearance got much healthier in jail, which makes me suspect there was some hard drug use (along with pregnant adding some weight probably), and it's not uncommon for people to OD right after a stint in rehab. She got clean, not on her terms, and she's under a ton of stress. Could it push her over the edge... accidentally, or purposefully?

ETA: Thanks to all our mods for the hardwork, not just Tricia.

I’d like to see LE drug test her in about a week. If there’s anything illegal or harmful in her system they can get her for endangering the baby she’s carrying. Totally illegal without just clause but I’d like to see it happen anyway. Wishful thinking!


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[kkdj]

:seeya:

Friendly reminder that only EG and JH may be sleuthed in this case at this time. JO is a victim and where she is living or staying at this time is not any of our business unless she chooses to release that information.

Thank you for cooperating.

This post lands at random.

My apologies....I did ask where she was. I was really just wanting to know that she was away from wherever EG is and safe from her.

 

[enw10110]

I think it was being said to be the lack of drugs in jail, plus less than nutritious food, equaling the weight gain


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Worse than poptarts for breakfast, spaghetti-os for lunch, and chicken fingers and fries for supper?
I definitely think it was lack of drugs + pregnancy. And speaking of pregnancy, maybe it IS better if JH takes her back to keep an eye on her since she's carrying another one of his children. Maybe he'll be able to muster some motivation to see if he can keep her from harming another one.

Everyone keeps saying she may go back to the scene of the crime. How would anyone know? It's not like they have someone tracking her every movement. How do they catch people in those situations?

 

[Tippy Lynn]

. She wasn't the one who abused her bio son, JH did. You know how she works- she'll promise the judge, just like she did before (with her drugs), and say her and JH either aren't together anymore or don't live together, that there is no chance her sons will be around him.

This woman can lie her way out of anything, it seems, and get away with it.

When people like EG aren’t held accountable for their actions how are we ever going to protect innocent children?