MA - Conrad Roy, 18, urged by friend, commits suicide, Fairhaven, 13 July 2014

[observation]

http://wpri.com/2016/10/14/attorney-carters-statements-to-police-not-admissible/

<snip>
"Police alleged that Roy was having second thoughts about taking his own life and that Carter encouraged him to go through with it.
In Taunton Juvenile Court Friday, her attorneys argued that police did not read Carter her rights before speaking with her, and that her phone and computer were accessed improperly. Therefore, they argued, a jury should not hear those statements."

<snip>
"A judge will now issue a ruling on whether Carter’s text messages to Roy can be included as evidence in her trial, which was scheduled to start in early December, but which could now be delayed."

ETA: This argument may well be ruled in favor of the defense. They had a warrant and she wasn't under arrest but thy did not present the warrant or advise her of her right to remain silent. A Miranda is not required and they did tell her she wasn't in custody but she still had a right to say nothing and request an attorney. She just didn't know that.
Oh Boy.

Oh, no! I really hope the judge finds a way to get around this issue. Let's hope this is just her lawyers being desperate, as they should be. Legal technicalities could frustrate many.


Sent from my iPhone using Tapatalk

 

[The Farm]

http://wpri.com/2016/10/14/attorney-carters-statements-to-police-not-admissible/

<snip>
"Police alleged that Roy was having second thoughts about taking his own life and that Carter encouraged him to go through with it.
In Taunton Juvenile Court Friday, her attorneys argued that police did not read Carter her rights before speaking with her, and that her phone and computer were accessed improperly. Therefore, they argued, a jury should not hear those statements."

<snip>
"A judge will now issue a ruling on whether Carter’s text messages to Roy can be included as evidence in her trial, which was scheduled to start in early December, but which could now be delayed."

ETA: This argument may well be ruled in favor of the defense. They had a warrant and she wasn't under arrest but thy did not present the warrant or advise her of her right to remain silent. A Miranda is not required and they did tell her she wasn't in custody but she still had a right to say nothing and request an attorney. She just didn't know that.
Oh Boy.

Call me crazy but I will hope that both her actions and intention will overide that LE did what they did which I find quite unbelieveable. She was not advised of her rights so that is that it seems. And if her text are not admitted that in itself is big.

 

[Dogface]

Wouldn't LE having access to his phone/SM make needing a warrant for hers unnecessary?

 

[Steleheart]

Call me crazy but I will hope that both her actions and intention will overide that LE did what they did which I find quite unbelieveable. She was not advised of her rights so that is that it seems. And if her text are not admitted that in itself is big.

I beleive the prosecution will argue that in the course of an investigation, if a person is not under arrest, they have no obligation to advise that person of their rights ( Miranda). they obtained her permission. Same as if an officer asks to look in your car. If you agree, no warrant is necessary. If there is a crime in progress no permission is necessary.

For an adult, ignorance of the law is not a reasonable defense, but as a juvenile in juvenile court, her age and awareness may be taken into account by the judge.

MOO

 

[Steleheart]

She knew exactly what she was doing. Even instructing him to delete the messages because she didn't want people to know she was encouraging him:

"CARTER: You're fine. It's gonna be okay. You just gotta do it, babe. You can't think about it.

CONRAD: Okay. Okay. I got this.

CARTER: Yes, you do. I believe in you. Did you delete the messages?

CONRAD: Yes. But you're going to keep messaging me.

CARTER: I will until you turn on the generator.

CONRAD: Okay. Well, I'm bringing my sisters for
ice cream."

http://www.southcoasttoday.com/article/20150821/NEWS/150829843

She likely thought the police would not find the deleted messages.

MOO

 

[Steleheart]

And before she gave LE permission to search her phone she knew exactly what she did wrong.;

&#8220;I just got off the phone with Conrad&#8217;s mom about 20 minutes ago and she told me that detectives had to come to go through his things and stuff. It&#8217;s something they have to do with suicides and homicides and she said they have to go through his phone and see if anyone encouraged him to do it on text and stuff.
Sam, they read my messages with him I&#8217;m done. His family will hate me and I can go to jail.&#8221;

http://fox6now.com/2016/07/04/massa...ng-boyfriend-urging-suicide-must-stand-trial/


Honestly I don't think the defense has a case to exclude her statements and messages. She was aware she committed a crime.

MOO

 

[The Farm]

Wouldn't LE having access to his phone/SM make needing a warrant for hers unnecessary?

Hmmmmmmmmmmmmmmmmmmmmm why didn't I think of that??? LOL Good question??

 

[Cubby]

Next court date December 1st. The judge will rule on what's admissible or not before that court date.

http://turnto10.com/news/local/woman-charged-in-texting-suicide-case-appears-in-court

 

[Cubby]

Also from the link in my previous post. MC's attorney is claiming she encouraged Carter because he persuaded her to encourage him. What a load of ........ It all goes back to her response when he told her he changed his mind and she told him to get back in the truck. It's obvious by her texts she had long since decided seeking help for him wasn't an option.

 

[Steleheart]

Wouldn't LE having access to his phone/SM make needing a warrant for hers unnecessary?

IMO either party can save, delete or forward messages. LE would want both sides of the conversation to get the best idea of the circumstances, moods, attitudes, etc, before deciding to go forward with charges.

 

[The Farm]

But one phone is still better than none and between the two of their phones they would both have the same text?

 

[Steleheart]

Judge: Prosecutors can use Plainville woman’s statements in texting suicide case

"PLAINVILLE — A judge has ruled prosecutors can use statements Michelle Carter made to police and evidence on her cellphone and laptop against her to help them prove she was responsible for her former boyfriend’s suicide.
Taunton Juvenile Court Judge Lawrence Moniz on Tuesday denied a motion by Carter’s lawyers to suppress statements she made to police when they questioned her at King Philip Regional High School and seized her cellphone."

<snip> "But in a nine-page ruling, Moniz agreed with prosecutors that Carter was not entitled to be given the Miranda warning when she was questioned on audiotape in a busy hallway at the school. Carter willingly agreed to speak to the two detectives and was told she was not under arrest or in custody, according to the decision."

http://www.thesunchronicle.com/news...cle_75814fe6-a6c1-11e6-af40-3bb0819e778b.html

 

[The Farm]

Judge: Prosecutors can use Plainville woman’s statements in texting suicide case

"PLAINVILLE — A judge has ruled prosecutors can use statements Michelle Carter made to police and evidence on her cellphone and laptop against her to help them prove she was responsible for her former boyfriend’s suicide.
Taunton Juvenile Court Judge Lawrence Moniz on Tuesday denied a motion by Carter’s lawyers to suppress statements she made to police when they questioned her at King Philip Regional High School and seized her cellphone."

<snip> "But in a nine-page ruling, Moniz agreed with prosecutors that Carter was not entitled to be given the Miranda warning when she was questioned on audiotape in a busy hallway at the school. Carter willingly agreed to speak to the two detectives and was told she was not under arrest or in custody, according to the decision."

http://www.thesunchronicle.com/news...cle_75814fe6-a6c1-11e6-af40-3bb0819e778b.html

Thanks Steleheart and yayyyy to Judge Moniz.

 

[mrazda71]

Yes!!!!

 

[Steleheart]

Michelle Carter is due in court today

"The case is scheduled for a pretrial status hearing Dec. 1.
Carter is being tried in juvenile court because she was 17 at the time of Roy’s death. However, she is being prosecuted under the state’s youthful offender law and faces a maximum of 20 years in prison, if convicted."
http://www.thesunchronicle.com/news...cle_75814fe6-a6c1-11e6-af40-3bb0819e778b.html

 

[The Farm]

Michelle Carter is due in court today

"The case is scheduled for a pretrial status hearing Dec. 1.
Carter is being tried in juvenile court because she was 17 at the time of Roy’s death. However, she is being prosecuted under the state’s youthful offender law and faces a maximum of 20 years in prison, if convicted."
http://www.thesunchronicle.com/news...cle_75814fe6-a6c1-11e6-af40-3bb0819e778b.html

I just read the results in the Cronicle but I am on a tablet and it will not let me link it. December 19 for motions and a February trial.
I will say more once the link is posted. Steleheart please??

 

[Hoosgirl]

This one?

http://www.thesunchronicle.com/news...cle_44ad0c5c-b7fb-11e6-a876-57c159e994b5.html

 

[The Farm]

This one?

http://www.thesunchronicle.com/news...cle_44ad0c5c-b7fb-11e6-a876-57c159e994b5.html

Thanks so much Hoosgirl for the link.
Personally I do not go with the whole anti-depression drug scenario at all. She knew what she was doing.

 

[monkeypants]

Thanks so much Hoosgirl for the link.
Personally I do not go with the whole anti-depression drug scenario at all. She knew what she was doing.

I agree wholeheartedly with you. She had intention. There was no excuses, she wasn't unbalanced or mentally unstable. She is a pure psychopath. Her need to use the suicide for attention for herself speaks volumes.

Evil is very real. Don't be fooled by the exteriors of some people.

 

[seattlechiquita]

Absolutely. She knew, and she enjoyed manipulating this kid. She is a complete [insert all the words WS won't allow here].