Found Deceased MI - Venus Stewart, 32, Colon, 28 April 2010 - # 6 *D. Stewart guilty*

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  • #401
Excellent point, Calliope.
Our rights are precious, even if we'd like to see them applied only to the good guys :)

But I think the cops are going after the right guy, just need her body to really get him. CE won't get him LWOP.

I agree. Excluding what they may have found at his parents', I don't think that they have enough evidence to arrest him yet. I'll be interested in seeing what they seized on Friday.
 
  • #402
Is his alibi holding up though? If he was in NN, he couldn't have abducted her.

If his alibi was holding, I don't think they would have "raided" his parent's house.
 
  • #403
  • #404
  • #405
I don't think this is a situation where it was a happy family, all living together under one roof, and the loving husband is not cooperating.

They were living 1000 miles apart and Venus seems to have been trying to get Doug in trouble|take his kids away |etc.

Now, as a fellow human being, yes, one should provide what assistance and input one can. And it's my understanding that the police did interview Doug in the initial days of the investigation and he gave them whatever information he had--that's how they know he has an alibi.

Once the police identified Doug as a (and the only) POI, of course Doug lawyered up and stopped cooperating with them. Innocent or guilty, it's the correct thing to do.



Even if you are innocent and applying your rights is wasting LE's time in finding your "loved one". GMAB

If I was innocent and someone was missing, I would dang sure tell them and show them everything I had, did, said, considered... so that they could move on and find the guilty one.

But, I think in this case, the original POI is the guilty one, so it does not really matter.

And I think THAT is why he applied his rights and refused to lend any info.

JMO
 
  • #406
As the ex-wife of an lawyer, the only case that I would not "lawyer up" would be if my daughter was missing. If my ex-husband, husband (if I had one), boy-friend or ex -boyfriend is missing, murdered, or presumed murdered I would immediately get an attorney because regardless of the fact that I did not have anything to do with it I know I would be the #1 POI (otherwise known as a suspect)!!


Miranda Warning (Varies by state)
You have the right to remain silent and refuse to answer questions. Do you understand?

Anything you do say may be used against you in a court of law. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

http://www.usconstitution.net/miranda.html

On the otherhand, DS probably did this but he, just like all of us has the right to legal council.

I have two questions.

1. Has anyone found out what DS's MOS (job) was in the marines? I know that every marine is a rifleman but I don't know that their trained killers.

2. I wonder what the relationship is like between the two sets of in-laws?
 
  • #407
If his alibi was holding, I don't think they would have "raided" his parent's house.

Actually, if Doug's alibi is holding BUT the MSP still suspect Doug, then raiding/searching the properties of people in Michigan who may have provided any assistance to Doug makes sense. If Doug was in Virginia that morning and the police consider him to have been involved, then they are going to search and investigate possible accomplices/enablers/et al.
 
  • #408
I still haven't come across any reason for the MSP to wait 3 or 4 weeks to search Doug's parents homestead. Getting a warrant, especially with Doug living there, would not have been a problem.

So why the delay? Sloppy police work? Maybe the police were operating under one theory early on and then something happened to shift that theory and bring the parent's home into focus as a search target? But why wasn't it a search target from the moment they identified Doug as a POI--and especially once Doug had taken up residence there again?

And in a missing person case...with the possibility of a murder and the possibility of evidence going stale or being destroyed during that delay.
 
  • #409
LE can't just get search warrant right away , they have to have probable cause and then prove to the judge. Alot of times they have to be specific on what they are after and it takes time. Here is some info for search warrants:

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Under the Fourth Amendment to the United States Constitution, most searches by the police require a search warrant based on probable cause, although there are exceptions. Any police entry of an individual's home always requires a warrant (for either search or arrest), absent exigent circumstances, or the free and voluntary consent of a person with reasonably apparent use of or control over the property. Some commonly cited exigent circumstances are: hot pursuit of a felon (to prevent a felon's escape or ability to harm others); imminent destruction of evidence before a warrant can properly be obtained; emergency searches (such as where someone is heard screaming for help inside a dwelling); or a search incident to arrest (to mitigate the risk of harm to the arresting officers specifically).[1]

Under the Fourth Amendment, searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Other items, rooms, outbuildings, persons, vehicles, etc. may require additional search warrants.

To obtain a search warrant, an officer must first prove that probable cause exists before a magistrate or judge, based upon direct information (i.e. obtained by the officer's personal observation) or hearsay information. Hearsay information can even be obtained by oral testimony given over a telephone, or through an anonymous or confidential informant, so long as probable cause exists based on the totality of the circumstances. Both property and persons can be seized under a search warrant. The standard for a search warrant is lower than the quantum of proof required for a later conviction. The rationale is that the evidence that can be collected without a search warrant may not be sufficient to convict, but may be sufficient to suggest that enough evidence to convict could be found using the warrant.

US police do not need a search warrant to search a vehicle they stop on the road or in a non-residential area if they have probable cause to believe it contains contraband or evidence of a crime.[citation needed] In that case, police may search the passenger compartment, trunk, and any containers inside the vehicle capable of holding the suspected article. By comparison, under Australian law, police can exhaustively search any vehicle on a public road, and any electronic devices therein (mobile phone, computer), without the responsible persons' permission, for evidence of criminal acts, with or without proof or suspicion of any kind.

Police do not need a search warrant, or even probable cause, to perform a limited search of a suspect's outer clothing for weapons, if police have a reasonable suspicion to justify the intrusion - a Terry 'stop and frisk.'

In the United States, the issue of federal warrants is determined under Title 18 of the United States Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure. Federal search warrants may be prepared on Form AO 93, Search and Seizure Warrant.[2]

Each state also promulgates its own laws governing the issuance of search warrants.

http://en.wikipedia.org/wiki/Search_warrant
 
  • #410
If his alibi was holding, I don't think they would have "raided" his parent's house.

I don't think that is the case. They executed this search warrant because Doug has an alibi they can't crack, and they have absolutely no idea where Venus is located. They are under intense political pressure to solve this case.

If Doug's alibi was faulty, they would have already arrested him in Venus' disappearance.
 
  • #411
Cops:

"Your honor, we should like a search warrant to search the property owned by the parents of our primary--and only--POI; said property is located near the site of the abduction and our primary POI often returns there, may have visited there the weekend prior to the abduction and is now residing full-time on said property."

Judge: "What are you hoping to find there?"

Cops: "Venus."
 
  • #412
I respectfully disagree. LE stated he was a POI right from the beginning, and that they suspected she was with him. Guilty or not, he was smart to "lawyer up". The police aren't looking to prove him innocent.

That really chaps my butt to think that people consider applying their rights is somehow an admission of guilt. Perhaps they should try living somewhere where those rights are not recognized by authorities and get back to us on that.

I have traveled all over the world and seen all kinds of places where rights are not recognized by authorities.

Happens here are well, Calliope-do some google searching on the Chicago PD and the testimony going on right now from former inmates who were tortured by cops using electrical shocks and plastic bags over their heads.

However, two things-one, we are not trying DS here...this is a message board where people have a right to their opinions as long as we are respectful to one another. And two, if Venus were your loved one would you be taking the approach that DS should keep his mouth shut or would you prefer he eliminate himself from the suspect list so PD can move on?

Of course DS is a POI-he and Venus's parents and children are the most intimate people in her circle. Detective 101 states that you start with the people closest and work your way out. It is naive, at a minimum, to think that he would not be given a close eye. He has ensured that LE will be stuck on him now that they have no cooperation from him.

Who wins here? NO ONE-but most of all, not Venus. She is the victim, not DS. The kids are collateral damage. And if he were thinking of the well being of his children, he would be ensuring (IMO) that he is cleared so that he can regain custody of them and comfort them.
 
  • #413
And in a missing person case...with the possibility of a murder and the possibility of evidence going stale or being destroyed during that delay.

I completely agree with this statement. That is why the MSP should have executed search warrants on Venus' parent's home, the place she was living, the very first day of the investigation.

They were the last ones to see her alive and that is the starting point in a criminal investigation. Also, statements made by Venus' father were pure speculation and I think that hurt the case.

He said she was kidnapped taking mail out to the mailbox in her pajamas, but he was sleeping so he didn't witness her do that. He was sleeping so he didn't witness her being kidnapped. He was sleeping so he didn't witness her in pajamas that morning.

But the media ran with his version of events, and the MSP was caught in a media feeding frenzy which may have misdirected them.

But I agree with you Saint, search warrants should have been executed a lot sooner than now, and all the family members should allow it without question since it is their daughter/daughter in law that is missing.
 
  • #414
I don't think that is the case. They executed this search warrant because Doug has an alibi they can't crack, and they have absolutely no idea where Venus is located. They are under intense political pressure to solve this case.

If Doug's alibi was faulty, they would have already arrested him in Venus' disappearance.

I dont think I agree with you here Frank. Maybe they dont have enough to go either way-maybe the fact that his alibi does not hold up is not enough to prove he was in MI at the time.
 
  • #415
I completely agree with this statement. That is why the MSP should have executed search warrants on Venus' parent's home, the place she was living, the very first day of the investigation.

They were the last ones to see her alive and that is the starting point in a criminal investigation. Also, statements made by Venus' father were pure speculation and I think that hurt the case.

He said she was kidnapped taking mail out to the mailbox in her pajamas, but he was sleeping so he didn't witness her do that. He was sleeping so he didn't witness her being kidnapped. He was sleeping so he didn't witness her in pajamas that morning.

But the media ran with his version of events, and the MSP was caught in a media feeding frenzy which may have misdirected them.

But I agree with you Saint, search warrants should have been executed a lot sooner than now, and all the family members should allow it without question since it is their daughter/daughter in law that is missing.


Did they need search warrants on her parents home? Perhaps they just cooperated and let them in.
 
  • #416
I don't think that is the case. They executed this search warrant because Doug has an alibi they can't crack, and they have absolutely no idea where Venus is located. They are under intense political pressure to solve this case.

If Doug's alibi was faulty, they would have already arrested him in Venus' disappearance.

That's my thinking. Otherwise, why the delay? Whatever probable cause was in the search warrant has existed for weeks.

I'm thinking that this was sort of like my suggestion to arrest Doug, get in his face in person and try to shake him up, turn up the heat.

Instead they do a high-profile, over the top "raid" on his parents home (where Doug also lives). It strikes me as an attempt by investigators who have hit a wall in an investigation to break through that wall.

And the "believe to be related" phrasing regarding their discovery is the sort of thing you throw out when trying to CYA. Maybe they found a shovel or tarp or hat or gloves in the parents' house.

'Ah-ha, see: Doug's parents own items similar to the items on that wal-mart receipt!"

The police should stop playing games and dancing at arm's length with this guy if they think he's involved in Venus' abduction.
 
  • #417
I completely agree with this statement. That is why the MSP should have executed search warrants on Venus' parent's home, the place she was living, the very first day of the investigation.

They were the last ones to see her alive and that is the starting point in a criminal investigation. Also, statements made by Venus' father were pure speculation and I think that hurt the case.

He said she was kidnapped taking mail out to the mailbox in her pajamas, but he was sleeping so he didn't witness her do that. He was sleeping so he didn't witness her being kidnapped. He was sleeping so he didn't witness her in pajamas that morning.

But the media ran with his version of events, and the MSP was caught in a \


If Doug is ultimately prosecuted for anything related to this, Venus' father
is a defense attorney's dream witness.
 
  • #418
Did they need search warrants on her parents home? Perhaps they just cooperated and let them in.

Did the MSP rifle through all of Venus' belongings, take her cellphone, her keys, and all the "notes" that she made? Venus' father said he found a "note" written by Venus accusing "someone" of molesting her children. Did the MSP find that note, and did they convey that information to him, or did he find it after they left the house to investigate Doug?

I can't say it enough. When doing investigations like this where the POI has an alibi, you have to GO BACK and start with the people who were the last to see her alive. There was bad blood between the father and Doug before she disappeared. Doug accused the guy of some type of crime, which Venus wrote about. That is a given. Of course he is going to say Doug did it, that he must have kidnapped her in her pajamas when she was at the mailbox, even though the father didn't see anything. Law enforcement is investigating this crime, not the father.

They should have taken her phone to see her message traffic. Then they should take her keys to find out what each key was resolved for, what vehicles, residences, PO Boxes if any, safe-deposit boxes. Then they should have went to where she was sleeping and taken everything she wrote about because that is also evidence. When people are writing things down, they want something tangible left behind and that is why Venus did that. The father should have found nothing after the police left the scene to look for Venus.

See, if Doug has an alibi, that means someone else did the crime. Doug may be complicit in that too, but he is a jar-head and I don't think he was smart enough to plan something like this out with someone else helping him. The guy was a ex-Marine jar-head truckdriver, not a Ph.D.
 
  • #419
I agree. Excluding what they may have found at his parents', I don't think that they have enough evidence to arrest him yet. I'll be interested in seeing what they seized on Friday.

We don't know what evidence they have. MSP has been very tight lipped about this. The info about the search warrant executed at Doug's parents' home wouldn't have come to light had rumors of it not been spread on facebook, prompting people to contact the media.

We don't know what results MSP has from the truck. We don't know what info they have from the Walmart where the stuff was bought. We really have no factual info at all on evidence, come to think of it, except that we know which items were recovered from the apartment, the Merc, and the Dodge. I don't expect that we'll get much more info until after Doug is arrested, and I doubt that Doug's going to be arrested until DNA comes back from the lab.

MSP didn't look only at Doug. They also ran the sketch of the lake guy. Nothing came out of it. Yet more and more is trickling out on Doug.

Doug has rights guaranteed by the Constitution, and I won't begrudge him for asserting those rights. HOWEVER, he isn't cooperating with LE, as is his right.

He's also exercising his first amendment right to free speech... only problem is, the only people to whom he speaks freely is the media, when he's trying to manipulate them into digging up dirt on his estranged wife.
 
  • #420
If Doug is ultimately prosecuted for anything related to this, Venus' father is a defense attorney's dream witness.

It is simply amazing to me that the MSP let him get on TV and give a play by play of what happened to Venus, even though he admitted he was sleeping during the entire thing. That is simply stunning that it was allowed to happen.

But it gave the media something to talk about and got Venus' picture on TV, and the media was more than happy to run with the "husband must have done it" by-line.

I have my own theory about the case, however.
 
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