Legal Questions for our VERIFIED Lawyers - Q & A ONLY ***No Discussion***

[AZlawyer]

Can the grand jury convene before both suspects are in state ?IF motion to separate is filed does that change grand jury processe?

Oh yes, the grand jury might be in session as we speak, and might be considering not just CWW & JR but other suspect(s) as well.

A motion to separate CWW's case from JR's wouldn't affect the grand jury process, and likely wouldn't be filed until a trial date was approaching in any event.

 

[ohreally]

AZ, for several days I have been trying to find out where JR is in prison. He is not listed in Missouri or Florida. The BOP has a 25 year old Jimmy Rodgers, but lists him as not in BOP custody. It has been suggested that he is not in BOP custody because he is still being processed and in the marshals care. Any ideas?

 

[1&2&3]

I am confused from the discussion on page 1 regarding CWW being a POI in MO over a missing man RB. If CWW is only a POI, why would he admit guilt in this case? Would CWW not be adding more jail time to his life?

There is always that chance he won't be found guilty in the MO case or the FL case, however, as it stands now, his chances of being found innocent in FL are slim to none. IMO.

 

[AZlawyer]

AZ, for several days I have been trying to find out where JR is in prison. He is not listed in Missouri or Florida. The BOP has a 25 year old Jimmy Rodgers, but lists him as not in BOP custody. It has been suggested that he is not in BOP custody because he is still being processed and in the marshals care. Any ideas?

In transit, being processed into a new facility, staff delay in entering information, staff error, temporarily in custody of a state facility by agreement of Feds...

I am confused from the discussion on page 1 regarding CWW being a POI in MO over a missing man RB. If CWW is only a POI, why would he admit guilt in this case? Would CWW not be adding more jail time to his life?

There is always that chance he won't be found guilty in the MO case or the FL case, however, as it stands now, his chances of being found innocent in FL are slim to none. IMO.

I don't think this is a legal question.

 

[SeesSeas]

During grand jury proceedings, does the suspect have the legal ‘right’ to testify?

Does the suspect have the legal ‘right’ to be present in the grand jury room and observe all testimony as the grand jurors are considering whether to indict?

In the Ferguson, MO grand jury proceedings last year in which a police officer was not indicted for killing a man, it was reported as unusual that the police officer testified to the grand jury. Apparently, the police officer (suspect) was invited to testify.

For the Sievers murder, if/when a grand jury is convened for considering indictments of First Degree Murder charges for CWW, JR and/or other suspects, would those suspects be invited to the Grand Jury proceedings to observe and/or testify?

As I understand it, the defense attorneys are not permitted in the grand jury room.

 

[AZlawyer]

During grand jury proceedings, does the suspect have the legal ‘right’ to testify?

Does the suspect have the legal ‘right’ to be present in the grand jury room and observe all testimony as the grand jurors are considering whether to indict?

In the Ferguson, MO grand jury proceedings last year in which a police officer was not indicted for killing a man, it was reported as unusual that the police officer testified to the grand jury. Apparently, the police officer (suspect) was invited to testify.

For the Sievers murder, if/when a grand jury is convened for considering indictments of First Degree Murder charges for CWW, JR and/or other suspects, would those suspects be invited to the Grand Jury proceedings to observe and/or testify?

As I understand it, the defense attorneys are not permitted in the grand jury room.

Normally defendants and their counsel are not invited to or even notified of grand jury proceedings.

 

[hockeymom4]

In transit, being processed into a new facility, staff delay in entering information, staff error, temporarily in custody of a state facility by agreement of Feds...




I don't think this is a legal question.

What legal benefits are there for CW to discuss the RB case with LE? If his lawyer approves, of course. Would they only wait until if and when the death penalty is on the table? Would that be the only reason to discuss it as he is only a POI now?

 

[AZlawyer]

What legal benefits are there for CW to discuss the RB case with LE? If his lawyer approves, of course. Would they only wait until if and when the death penalty is on the table? Would that be the only reason to discuss it as he is only a POI now?

It absolutely depends what kind of evidence they have against him on that case--or what kind of evidence they can GET against him once his friends and neighbors feel safe talking! The point of talking to LE (carefully and with lawyer assistance) would be to convince LE, for example, that the situation was not as bad as it looked and perhaps a plea to a lesser charge would be the most appropriate resolution. Or even to convince LE that they were on the wrong track and that CWW could help them find the real killer.

 

[No it's not]

AZLawyer,

when CWW comes down to Florida he has the option off appealing the case. Will that delay Fl Sunshine Law regarding the
existing case file or will the documents be accessible?

I am confused because of the last two paragraphs in this link saying:

'What happens now? According to deputies, there is a 30-day window to bring Wright back to Lee County.

Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder.'

[Bold mine]

Thank you!

-Nin

 

[AZlawyer]

AZLawyer,

when CWW comes down to Florida he has the option off appealing the case. Will that delay Fl Sunshine Law regarding the
existing case file or will the documents be accessible?

I am confused because of the last two paragraphs in this link saying:

'What happens now? According to deputies, there is a 30-day window to bring Wright back to Lee County.

Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder.'

[Bold mine]

Thank you!

-Nin

I honestly have no idea what that means. You can't appeal something if you've waived your objections to it. And an appeal wouldn't affect the operation of the Sunshine Laws.

 

[hockeymom4]

I honestly have no idea what that means. You can't appeal something if you've waived your objections to it. And an appeal wouldn't affect the operation of the Sunshine Laws.

I believe this is what Nin is referring to. The article mentions the appealing.

"Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder."

http://www.nbc-2.com/story/30155045...s-murder-to-return-to-lee-county#.VgywZM5dHVJ

Can this be done?

 

[beach]

Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder.'

[Bold mine]

Thank you!

-Nin

I honestly have no idea what that means. You can't appeal something if you've waived your objections to it. And an appeal wouldn't affect the operation of the Sunshine Laws.

I believe this is what Nin is referring to. The article mentions the appealing.

"Once here, we're told Wright will then have the option of appealing his case all over again -- meaning it could be some time before we get any new details about his alleged role in the murder."

http://www.nbc-2.com/story/30155045...s-murder-to-return-to-lee-county#.VgywZM5dHVJ

Can this be done?

I know it is confusing but that is exactly the same question she just answered.

I'm a paralegal and it made zero sense to me as well. When a defendant waives their rights, there is no ruling by a judge. Hence, there is no decision to appeal. (An appeal is filed when someone feels the judge ruled in error. You have to provide legal arguments citing a bunch of case law explaining why the judge's ruling was wrong.)

That hearing went something like this - CWW: "Judge, I know I asked for this hearing but on second thought, nevermind. I've decided to waive my rights to fight the order of extradition." Judge: "Are you sure you understand what you are doing by waiving your rights, Mr. Wright?" CWW: "Yes sir [ma'am]". Judge: Alrighty then. Noted on the record. The Orders executed by the Governors of MO and FL shall stand. You will be released to custodians of FL LE so that you can return to the State of Florida to answer the charges filed against you for the murder of Dr. Teresa Sievers."

Again, there is no decision to appeal. Since CWW chose to waive his rights, he never presented an argument at today's hearing. Hence, the judge had nothing to grant or deny.

Personally, I find it hard to believe any lawyer would word it like it was reported. I read somewhere else that CWW is going to claim that he was in MO at the time of the murder. IDK if that is where the reporter got confused but his statement, as worded, made no sense.

*AZ, you're the one with the JD. If I have misstated anything here, please correct it!

 

[Wyle_E_Coyote]

AZ, can cww have his wife give him an alibi at trial and still keep spousal privilege so she can't say anything else, or would he have to choose?

Thanks!

Sent from my SM-G900V using Tapatalk

 

[AZlawyer]

AZ, can cww have his wife give him an alibi at trial and still keep spousal privilege so she can't say anything else, or would he have to choose?

Thanks!

Sent from my SM-G900V using Tapatalk

Sure. She wouldn't have to recite any of their conversations to give him an alibi--just say "he was here the whole time!"

 

[Bobbywoo]

Sure. She wouldn't have to recite any of their conversations to give him an alibi--just say "he was here the whole time!"

Could she be cross examined by the prosecution on other aspects of the alibi excluding the conversations?

 

[AZlawyer]

Could she be cross examined by the prosecution on other aspects of the alibi excluding the conversations?

Definitely!

 

[Wyle_E_Coyote]

Question, can you explain what can be argued WRT proof of identity for extradition purposes?

Not sure if I can quote correctly, but from discussion in the cww thread...

Post 1

Right, but the MO attorney was representing CWW in the extradition matter. A Missouri case. IMO, the MO attorney <i>was</i> planning to argue improper identification at the extradition hearing; that FL did not have &quot;proof of identity&quot; fingerprints, photos, placing CWW in the state at the time of the crime. This is a very relevant argument to be made at the extradition hearing. If the MO attorney had a particularly strong argument, a MO judge may have delayed/denied extradition. Might have been an attempt to probe the evidence against CWW.

Post 2

I didn't think proof of identity for extradition purposes worked like that... I thought the proof of identity was &quot;this person in custody is not cww&quot;, rather than &quot;cww has an alibi and SODDI&quot;

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[AZlawyer]

Question, can you explain what can be argued WRT proof of identity for extradition purposes?

Not sure if I can quote correctly, but from discussion in the cww thread...

Post 1

Right, but the MO attorney was representing CWW in the extradition matter. A Missouri case. IMO, the MO attorney <i>was</i> planning to argue improper identification at the extradition hearing; that FL did not have &quot;proof of identity&quot; fingerprints, photos, placing CWW in the state at the time of the crime. This is a very relevant argument to be made at the extradition hearing. If the MO attorney had a particularly strong argument, a MO judge may have delayed/denied extradition. Might have been an attempt to probe the evidence against CWW.

Post 2

I didn't think proof of identity for extradition purposes worked like that... I thought the proof of identity was &quot;this person in custody is not cww&quot;, rather than &quot;cww has an alibi and SODDI&quot;

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Yeah, it's more of a "mistaken identity" issue at that stage. In this case I don't think there was any question that the Florida cops were really wanting this specific person to be extradited.

 

[observation]

AZ- From your perspective does the announcement of CWW having a motions hearing on 10/16 in MO make sense after he was just extradited to FL? What are the possibilities in this situation? Thank you kindly!


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[AZlawyer]

AZ- From your perspective does the announcement of CWW having a motions hearing on 10/16 in MO make sense after he was just extradited to FL? What are the possibilities in this situation? Thank you kindly!


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I thought it was a motion to unseal something. Certainly CWW doesn't need to be there. His lawyer can go if there is some objection.