MA - Bella Bond, 2, found dead, Deer Island, Boston Harbor, June 2015 - #8

[Niner]

Morning!

first :tyou: for the tweets Jerrica!!

That poor child - black eye, blood on her, and on drugs??!!!???!!!

snipped by me....
The jury will find RB guilty of perjury and she will be sentenced as such. Bella will get her justice.

:thinking: I don't believe that the jury has that option.... Isn't it up to the Judge to do that? The jurors just don't have to believe her, but I don't think there is "charge" against in this tril.

:dunno: Doesn't sound right to me!

snipped by me....
"She just died. It was her time. She was a demon," McCarthy said, according to prosecutors.

RB said that.

I believe Whiteorchids is correct - RB said that, not MM.

See you all Monday! I see that the DA might end his case at the end of the week. Wonder "what" the defense will bring in....

:seeya:

 

[KaraKitty]

Good Morning WebSleuthers!!!

I am off to DC&NY (work related) for 8 days!!!

I am reading back (as its a 5.5 hour flight) as I missed yesterday completely!!!

This is a huge shout out to all those Sleuthers who have been posting court room tweets and court room links!!!

:tyou: :tyou: :tyou:


Have a great weekend!!! :seeya:

 

[dyannaON]

Has MM spent anytime in jail? Prior to this?


Sent from my iPhone using Tapatalk

 

[dyannaON]

Enjoy your trip KaraKitty.
Safe travels xo


Sent from my iPhone using Tapatalk

 

[Maisiebelle]

If MM was texting the mother about Bella after the murder maybe he didn't know she was dead. Wasn't he telling her not to mention her daughter in court or something? Or do I have my texts mixed up?


Sent from my iPhone using Tapatalk

 

[dyannaON]

If MM was texting the mother about Bella after the murder maybe he didn't know she was dead. Wasn't he telling her not to mention her daughter in court or something? Or do I have my texts mixed up?


Sent from my iPhone using Tapatalk

Pretty sure you have it correct. Hinky hinky.


Sent from my iPhone using Tapatalk

 

[BUF]

Has MM spent anytime in jail? Prior to this?


Sent from my iPhone using Tapatalk

Although he doesn't appear to have a lengthly arrest record as RB & JA, he was arrested in a drug related case, but don't know if he spent jail time.

http://www.wcvb.com/article/rachelle-bond-michael-mccarthy-have-history-of-drug-arrests/8226753

In 2005 he was arrested in Dorchester and charged with possession of narcotics equipment -- a hypodermic syringe.

According to the police report, McCarthy's mother told police she refused to let him into her house because "he is on drugs."

 

[kdg411]

Someone help me out here...

Both sides questioned JA thoroughly regarding the 2nd cellphone RB gave him. Per JA he called authorities after he went thru the phone (a week after her arrest) and found pictures of Bella on a mattress and another where she appeared 'drugged' in his opinion. The piece I'm unclear about is why did both attorneys ask JA directly if he deleted any pictures or any contents of the phone?

Are there photos that are missing or not recoverable from that phone?

 

[BUF]

Someone help me out here...

Both sides questioned JA thoroughly regarding the 2nd cellphone RB gave him. Per JA he called authorities after he went thru the phone (a week after her arrest) and found pictures of Bella on a mattress and another where she appeared 'drugged' in his opinion. The piece I'm unclear about is why did both attorneys ask JA directly if he deleted any pictures or any contents of the phone?

Are there photos that are missing or not recoverable from that phone?

Good question kdg. I was totally confused by that whole discussion, voir dire. I was left feeling that there was much left to that story. Although I have always felt that JA just inserted himself for attention, I also thought that maybe this time there was something there. Why did the CW recently bring those photos to him with the time stamps prior to his testifying?

 

[Only4Justice]

If MM was texting the mother about Bella after the murder maybe he didn't know she was dead. Wasn't he telling her not to mention her daughter in court or something? Or do I have my texts mixed up?


Sent from my iPhone using Tapatalk

You are correct. MM seemed to not know Bella was dead.


Sent from my iPhone using Tapatalk

 

[Whiteorchids]

Someone help me out here...

Both sides questioned JA thoroughly regarding the 2nd cellphone RB gave him. Per JA he called authorities after he went thru the phone (a week after her arrest) and found pictures of Bella on a mattress and another where she appeared 'drugged' in his opinion. The piece I'm unclear about is why did both attorneys ask JA directly if he deleted any pictures or any contents of the phone?

Are there photos that are missing or not recoverable from that phone?

I got quite confused about all the phone questioning and where it was leading and I watched the video two times. I'm sure this puzzle will all be pieced together in closing arguments. I've watched and served on quite a few juries. I don't ever recall ever seeing a witness get called out on so many lies and fabrications on a witness stand.

 

[sobreebriedad]

There have been some questions recently about whether this jury could find MM guilty of other charges (such as accessory after the fact or abuse of a corpse, which to my knowledge is not a crime in MA), and whether this jury could find RB guilty of perjury. The answer to both questions is no. MM is not on trial for anything other than first degree murder. RB is not on trial for anything at this point.

The judge in this trial could instruct the jury that they may find MM guilty of a lesser-included offense of first degree murder: second degree murder, voluntary manslaughter, or involuntary manslaughter, if the facts show that a reasonable jury could convict on any of those theories. If you are interested in what the law requires for such convictions or what those instructions might look like, see the Model Jury Instructions on Homicide.

The only way RB gets convicted for perjury is if the DA chooses to bring a separate perjury case against her, which would require him to believe he has ironclad evidence that she was lying on the stand in this trial or at the grand jury.

ETA: FWIW I do not think there will be any factual basis for a voluntary manslaughter instruction. As the evidence currently stands I think there will probably be instructions on second degree and involuntary manslaughter.

 

[Maisiebelle]

I honestly hope the jury can see through the mother. I'm pretty sure they will. If I was on the jury I couldn't send MM to prison for life. This far in the trial anyway. And I didn't know about this case before so I'm impartial.


Sent from my iPhone using Tapatalk

 

[Whiteorchids]

There have been some questions recently about whether this jury could find MM guilty of other charges (such as accessory after the fact or abuse of a corpse, which to my knowledge is not a crime in MA), and whether this jury could find RB guilty of perjury. The answer to both questions is no. MM is not on trial for anything other than first degree murder. RB is not on trial for anything at this point.

The judge in this trial could instruct the jury that they may find MM guilty of a lesser-included offense of first degree murder: second degree murder, voluntary manslaughter, or involuntary manslaughter, if the facts show that a reasonable jury could convict on any of those theories. If you are interested in what the law requires for such convictions or what those instructions might look like, see the Model Jury Instructions on Homicide.

The only way RB gets convicted for perjury is if the DA chooses to bring a separate perjury case against her, which would require him to believe he has ironclad evidence that she was lying on the stand in this trial or at the grand jury.

ETA: FWIW I do not think there will be any factual basis for a voluntary manslaughter instruction. As the evidence currently stands I think there will probably be instructions on second degree and involuntary manslaughter.

But she already testified different than police report lying about seeing him punch Bella in the stomach and she flew in air on the mattress. Isn't that a lie? And light being on, no phone call to hospital according to hospital records etc...

 

[emmalpage81]

If MM was texting the mother about Bella after the murder maybe he didn't know she was dead. Wasn't he telling her not to mention her daughter in court or something? Or do I have my texts mixed up?


Sent from my iPhone using Tapatalk

I could be wrong but i think the messages said not to tell them she had a daughter as that would involve DFS. This could be construed two ways, 1) he did not know she was dead and, 2) he knew she was dead and didn't want DFS to find out as this would bring them to the attention of the authorities. Personally, I lean towards the latter, if he thought Bella was staying with relatives he would have no qualms about DFS, as he clearly knew she was not living in the house at this point. I am not sure who actually extinguished poor Bella's life but I believe they are equally culpable either for the actual act or the cover up afterwards. All IMO.

 

[Maisiebelle]

I could be wrong but i think the messages said not to tell them she had a daughter as that would involve DFS. This could be construed two ways, 1) he did not know she was dead and, 2) he knew she was dead and didn't want DFS to find out as this would bring them to the attention of the authorities. Personally, I lean towards the latter, if he thought Bella was staying with relatives he would have no qualms about DFS, as he clearly knew she was not living in the house at this point. I am not sure who actually extinguished poor Bella's life but I believe they are equally culpable either for the actual act or the cover up afterwards. All IMO.

I did wonder if MM was involved in disposing of Bella's body. It seems that these two people are incredibly selfish. Maybe that's a trait found in all addicts. They want their drugs and nothing else is important to them. Including that precious little girl.


Sent from my iPhone using Tapatalk

 

[sobreebriedad]

But she already testified different than police report lying about seeing him punch Bella in the stomach and she flew in air on the mattress. Isn't that a lie? And light being on, no phone call to hospital according to hospital records etc...

I agree with you, I think she was spouting lies left and right. But I understand perjury trials to be few and far between because it is difficult to prove. I do not know if the DA will go for it, as a practical matter. But I hope he does.

 

[Whiteorchids]

I could be wrong but i think the messages said not to tell them she had a daughter as that would involve DFS. This could be construed two ways, 1) he did not know she was dead and, 2) he knew she was dead and didn't want DFS to find out as this would bring them to the attention of the authorities. Personally, I lean towards the latter, if he thought Bella was staying with relatives he would have no qualms about DFS, as he clearly knew she was not living in the house at this point. I am not sure who actually extinguished poor Bella's life but I believe they are equally culpable either for the actual act or the cover up afterwards. All IMO.

But in the same conversation he said "because we love Bella too much"

 

[Whiteorchids]

I did wonder if MM was involved in disposing of Bella's body. It seems that these two people are incredibly selfish. Maybe that's a trait found in all addicts. They want their drugs and nothing else is important to them. Including that precious little girl.


Sent from my iPhone using Tapatalk

That audio of him talking to Bella about the monsters came across to me as very endearing. she was looking into buying a gun and clobbered JA in the head and that audio of her she sounded as mean as heck. MM younger than her maybe he was afraid of her. She testified she was the one with the money buying drugs etc could she have blackmailed MM to cut him off if he didn't help her bury her body if he did.

 

[Maisiebelle]

That audio of him talking to Bella about the monsters came across to me as very endearing. she was looking into buying a gun and clobbered JA in the head and that audio of her she sounded as mean as heck. MM younger than her maybe he was afraid of her. She testified she was the one with the money buying drugs etc could she have blackmailed MM to cut him off if he didn't help her bury her body if he did.

I did think he sounded like he cared about Bella in that audio. I'm inclined to agree with you. If she had that much control (and I think she did) he would have done pretty much anything she asked him to. Has he given a statement to police to that effect? I wonder if he will testify.


Sent from my iPhone using Tapatalk