Legal Questions for our Verified Attorneys - Hailey Dunn case - *No Discussion*

[BeanE]

This thread is for legal questions for our verified attorneys to answer regarding Hailey Dunn's case.

Thank you to gram for letting me start this thread.

Thank you in advance to our verified attorneys for taking the time to answer!

* No Discussion *

 

[BeanE]

Question: What has to be proven for possession of child in this instance? Would distribution be a possible charge?

Background:

- Child found on a memory stick in the dresser drawer in the bedroom of Billie's home. Shawn Adkins lived there when the stick was confiscated, and had lived there for some time. I believe the house is under joint ownership of both Billie and estranged husband (Hailey's father) Clint, but Clint hasn't lived there for years. Approx 320 images.

- Child found on computer at Shawn Adkins' (named suspect, boyfriend of Billie) mother's home. Shawn has stated he has spent time there using the computer. Approx 108,000 images.

- Billie stated she has no idea how the child got there, but it's not hers or Shawn's . I think she was referring to the memory stick, rather than the computer.

Link to details:

http://www.reporternews.com/news/20...s-found-computer-mother-suspect-case/?print=1

Thank you!

 

[BeanE]

Bumping with the info that this is going to a grand jury:

http://www.ktxs.com/news/27009657/detail.html

 

[pamelahl1]

Is it possible that a person who felt responsible for a victims disappearance because they introduced the victim to the perpetraor~but was not involved in the crime, could fail a polygraph test when asked if they were responsible for that victims dissappearance? thank you.

 

[Miziree]

If they charge and convict on the child , can they still use that evidence in a later trial, for kidnapping or murder?

 

[lillys]

Since child and beastiality were found in both BD's and SA's mom's home why haven't they been charged with possession of ?
Thanks,
LillyS

 

[BeanE]

In the upcoming grand jury, Billie and Shawn will both be subjects, the ones to potentially be cited.

In an instance like that, could they be called before the grand jury to testify against each other? Or would that not happen since they would be the subjects?

(I know my word subject is probably not the correct one to use. Don't know what word to use lol.)

 

[passionflower]

Since they have't been charged with anything, they can move about freely.
What happens if they go to Mexico?

 

[Knox]

If Billie Dunn is not involved with Hailey's death, but was complicit with the cover-up (SA) , what can she be charged with?

How would LE prove it? In other words, what kind of proof would they need?

What if no body is found? Could they prosecute?

I asked gitana1, to respond if she has the time to weigh in ...

 

[Knox]

Why No Arrests After Child Was Found In Dunn Residence? Authorities Respond

By Jocelyn Tovar, KTXS News
POSTED: 7:06 pm CST March 1, 2011EmailPrint
AAAText Size

UPDATED: 8:45 pm CST March 1, 2011ABILENE, Texas -- Many are asking where are the charges or arrests to reflect the child found in the home of missing teen Hailey Dunn.KTXS caught up with Hailey's mom Billie Jean today at the home where investigators removed a memory stick containing 300 pornographic pictures some of those children, and yet no one has faced any charges and she's free to come-and-go as she pleases.Her daughter 13-year-old Hailey Dunn was last seen at the same home more than two months ago and hasn't been seen since.Child was also found in Big Spring in the home of Shawn Adkins' mother. Shawn is Billie Jean's boyfriend.Mitchell County Sheriff Patrick Toombs met with KTXS today to explain why no arrests have been made in both cases."You have more than one person in the home in each case," Sheriff Toombs said, "So you have to make sure and verify who is going to be the one responsible."Sheriff Toombs says this will be decided by a grand jury and for February the grand jury met the 17th more than a week before the child was brought to light last Friday.
http://www.ktxs.com/news/27045936/detail.html

 

[gitana1]

If Billie Dunn is not involved with Hailey's death, but was complicit on the cover-up with SA, what can she be charged with?

How would LE prove it? In other words, what kind of proof would they need?

What if no body is found? Could they prosecute?

I asked gitana1, to respond if she has the time to weigh in ...

I'm not a criminal lawyer but I'll do what I can. Accessory after the fact/aiding and abetting. They would need to prove that she willfully hid evidence, like a body. They could prosecute without a body. I have not been following this case much but they would need something showing she tried to hide something or lied about something to mislead people or throw them off the scent, that kind of thing. AZ Lawyer is much better at this than me. Someone should PM her.

 

[gitana1]

Since they have't been charged with anything, they can move about freely.
What happens if they go to Mexico?

If and when they are charged, extradition. But I think if they have evidence, LE may move quickly if they think they are fleeing.

 

[gitana1]

Since child and beastiality were found in both BD's and SA's mom's home why haven't they been charged with possession of ?
Thanks,
LillyS

Why No Arrests After Child Was Found In Dunn Residence? Authorities Respond

By Jocelyn Tovar, KTXS News
POSTED: 7:06 pm CST March 1, 2011EmailPrint
AAAText Size

UPDATED: 8:45 pm CST March 1, 2011ABILENE, Texas -- Many are asking where are the charges or arrests to reflect the child found in the home of missing teen Hailey Dunn.KTXS caught up with Hailey's mom Billie Jean today at the home where investigators removed a memory stick containing 300 pornographic pictures some of those children, and yet no one has faced any charges and she's free to come-and-go as she pleases.Her daughter 13-year-old Hailey Dunn was last seen at the same home more than two months ago and hasn't been seen since.Child was also found in Big Spring in the home of Shawn Adkins' mother. Shawn is Billie Jean's boyfriend.Mitchell County Sheriff Patrick Toombs met with KTXS today to explain why no arrests have been made in both cases."You have more than one person in the home in each case," Sheriff Toombs said, "So you have to make sure and verify who is going to be the one responsible."Sheriff Toombs says this will be decided by a grand jury and for February the grand jury met the 17th more than a week before the child was brought to light last Friday.
http://www.ktxs.com/news/27045936/detail.html

This was going to be my answer. They have to be able to show whose it was. Work, school and phone records may help with that when combined with the times the was downloaded. Horrific stuff.

 

[gitana1]

In the upcoming grand jury, Billie and Shawn will both be subjects, the ones to potentially be cited.

In an instance like that, could they be called before the grand jury to testify against each other? Or would that not happen since they would be the subjects?

(I know my word subject is probably not the correct one to use. Don't know what word to use lol.)

I'm trying since there's no crim lawyer here! But I doubt either would be called because both would plead the fifth. Remember Kyron's case and Dee Dee Spicher? I believe that's what she did. Of course, Terri Horman was not called. You can't really ask potential defendants to testify at a GJ even if they are called to testify against the other potential co-defendant.

 

[gitana1]

If they charge and convict on the child , can they still use that evidence in a later trial, for kidnapping or murder?

Yes. Absolutely, as long as it is relevant to the murder case.

 

[Knox]

Thank you gitana1 for taking the time to respond, very much appreciated!

 

[gitana1]

Is it possible that a person who felt responsible for a victims disappearance because they introduced the victim to the perpetraor~but was not involved in the crime, could fail a polygraph test when asked if they were responsible for that victims dissappearance? thank you.

I think this is more a psychology or forensic science question than legal but anything is possible with polys which is why the results are not admissible. But I think polys don't have as much to do with guilt feelings as they do with the discomfort of someone who is faced with a fact they feel they must lie about and are nervous the lie will be revealed. So I think someone failing a poly is more than likely failing due to dishonesty and fear of exposure than guilt feelings.

 

[gitana1]

Question: What has to be proven for possession of child in this instance? Would distribution be a possible charge?

Background:

- Child found on a memory stick in the dresser drawer in the bedroom of Billie's home. Shawn Adkins lived there when the stick was confiscated, and had lived there for some time. I believe the house is under joint ownership of both Billie and estranged husband (Hailey's father) Clint, but Clint hasn't lived there for years. Approx 320 images.

- Child found on computer at Shawn Adkins' (named suspect, boyfriend of Billie) mother's home. Shawn has stated he has spent time there using the computer. Approx 108,000 images.

- Billie stated she has no idea how the child got there, but it's not hers or Shawn's . I think she was referring to the memory stick, rather than the computer.

Link to details:

http://www.reporternews.com/news/20...s-found-computer-mother-suspect-case/?print=1

Thank you!

§ 43.26. POSSESSION OR PROMOTION OF CHILD
. (a) A person commits an offense if:
(1) the person knowingly or intentionally possesses
visual material that visually depicts a child younger than 18 years
of age at the time the image of the child was made who is engaging in
sexual conduct; and
(2) the person knows that the material depicts the
child as described by Subdivision (1).
(b) In this section:
(1) "Promote" has the meaning assigned by Section
43.25.
(2) "Sexual conduct" has the meaning assigned by
Section 43.25.
(3) "Visual material" means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video
screen and any image transmitted to a computer or other video screen
by telephone line, cable, satellite transmission, or other method.
http://law.onecle.com/texas/penal/43.26.00.html

So, the state has to show that one of these two charmers knew they were in possession of depicting children and kept it or intentionally sought possession of such filth.

That's hard in cases where there are lots of people that have access to a home where such a thing is found, but certainly not impossible. Receipts, surveillance showing the purchase of the memory stick, phone, school and work records that would rule out other inhabitants when the was downloaded or that rule in certain people, coupled with witness testimony regarding certain things that tend to rule in certain people, like: "I saw my stepdad with the memory stick. He forbade me from ever using it or touching it. He was very serious about that." or co-defendant testimony that can be substantiated, from a person who decides they don't want to take the rap for something or who want a deal - all of that might help.

 

[gitana1]

AZLawyer was in the house and now she's gone! But she's aware of this thread and the recent questions so I'm going to leave it to her at this point. She's awesome with the crim law questions!

 

[AZlawyer]

Question: What has to be proven for possession of child in this instance? Would distribution be a possible charge?

Background:

- Child found on a memory stick in the dresser drawer in the bedroom of Billie's home. Shawn Adkins lived there when the stick was confiscated, and had lived there for some time. I believe the house is under joint ownership of both Billie and estranged husband (Hailey's father) Clint, but Clint hasn't lived there for years. Approx 320 images.

- Child found on computer at Shawn Adkins' (named suspect, boyfriend of Billie) mother's home. Shawn has stated he has spent time there using the computer. Approx 108,000 images.

- Billie stated she has no idea how the child got there, but it's not hers or Shawn's . I think she was referring to the memory stick, rather than the computer.

Link to details:

http://www.reporternews.com/news/20...s-found-computer-mother-suspect-case/?print=1

Thank you!

They would have to connect the (beyond a reasonable doubt) to a specific person--owning or residing in the house would not be enough.
Here's the Texas statute:

§ 43.26. POSSESSION OR PROMOTION OF CHILD .
(a) A person commits an offense if:
(1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct; and
(2) the person knows that the material depicts the child as described by Subdivision (1).
...

(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection
(a)(1); and
(2) the person knows that the material depicts the child as described by Subsection (a)(1).

(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.

Is it possible that a person who felt responsible for a victims disappearance because they introduced the victim to the perpetraor~but was not involved in the crime, could fail a polygraph test when asked if they were responsible for that victims dissappearance? thank you.

Yes. IMO polygraphs are unreliable and borderline witchcraft lol.

I'm not a criminal lawyer but I'll do what I can. Accessory after the fact/aiding and abetting. They would need to prove that she willfully hid evidence, like a body. They could prosecute without a body. I have not been following this case much but they would need something showing she tried to hide something or lied about something to mislead people or throw them off the scent, that kind of thing. AZ Lawyer is much better at this than me. Someone should PM her.

Seems like a pretty great answer to me.

I'm trying since there's no crim lawyer here! But I doubt either would be called because both would plead the fifth. Remember Kyron's case and Dee Dee Spicher? I believe that's what she did. Of course, Terri Horman was not called. You can't really ask potential defendants to testify at a GJ even if they are called to testify against the other potential co-defendant.

I'm not a criminal lawyer either, although I've handled criminal cases at the appellate level. But I agree FWIW.