GUILTY MO - Breeann Rodriguez, 3, Senath, 6 August 2011 - #4

[Patty G]

What is the house number of the Rodriguez's?

 

[hollye]

The pool ladder sure is convenient on the heels of Casey Anthony's claim that Cayleigh climbed the pool ladder and drown...JMOO!

 

[keeponsearching]

I just read the new update and am so shocked. I am so sad. How can someone do this to a innocent little child. So much evil. He will be locked up for a long time.

 

[hollye]

What is the house number of the Rodriguez's?

106 Ode Johnson

 

[BeanE]

2005 Missouri Code - § 565.115. — Child kidnapping--penalty.
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565.115. 1. A person commits the crime of child kidnapping if such person is not a relative of the child within the third degree and such person:
(1) Unlawfully removes a child under the age of fourteen without the consent of such child's parent or guardian from the place where such child is found; or
(2) Unlawfully confines a child under the age of fourteen without the consent of such child's parent or guardian.
2. In determining whether the child was removed or confined unlawfully, it is an affirmative defense that the person reasonably believed that the person's actions were necessary to preserve the child from danger to his or her welfare.
3. Child kidnapping is a class A felony.
(L. 2004 H.B. 1487)
Effective 6-17-04

 

[~n/t~]

Kidnapping charges may follow, which would make it a capital crime in most states...

I predict a plea if they don't find her body. They will take DP off the table if he tells them where her body is. JMO

 

[Lovejac]

http://www.kfvs12.com/story/15268426/more-details-emerge-about-3-year-olds-death

Oh my God, oh my God, oh my God!

 

[BeanE]

2005 Missouri Code - § 565.130. — False imprisonment.
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565.130. 1. A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent so as to interfere substantially with his liberty.
2. False imprisonment is a class A misdemeanor unless the person unlawfully restrained is removed from this state, in which case it is a class D felony.
(L. 1977 S.B. 60)
Effective 1-1-79

 

[LCoastMom]

Please God guide LE/SAR to this little child's body soon. She needs to be found - yesterday.

 

[Patty G]

106 Ode Johnson

Breeann was down the street pretty far ....

 

[BeanE]

Here are all the Missouri codes for Offenses Against the Person:

http://law.justia.com/codes/missouri/2005/t38/c565.html

 

[wannabedetective]

Seems to me they took a little creative liberty in this article.
http://www.ksdk.com/news/article/271775/3/Document-Breeann-Rodriguez-suffocated-dumped
He told investigators it took an hour for the little girl to die, according to court documents.

They left out the words "it felt like".

Sorry to be so picky. I just don't like when media distorts things like that.

 

[BeanE]

Child abduction seems to apply only to parents and legal guardians:

2005 Missouri Code - § 565.156. — Child abduction--penalty.
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565.156. 1. A person commits the crime of child abduction if he or she:
(1) Intentionally takes, detains, entices, conceals or removes a child from a parent after being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody;
(2) At the expiration of visitation rights outside the state, intentionally fails or refuses to return or impedes the return of the child to the legal custodian in Missouri;
(3) Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody;
(4) Retains in this state for thirty days a child removed from another state without the consent of the legal custodian or in violation of a valid court order of custody; or
(5) Having legal custody of the child pursuant to a valid court order, removes, takes, detains, conceals or entices away that child within or without the state, without good cause, and with the intent to deprive the custody or visitation rights of another person, without obtaining written consent as is provided under section 452.377, RSMo.
2. Child abduction is a class D felony.
(L. 1988 H.B. 1272, et al. � 3)

 

[Deleted member 718]

He needs an explanation for why she was on his property so used the pool as a lure or a reason for why she was there. JMO and I think he is lying.

I agree. Plus, he's making it her fault, blaming her for causing him to suffocate her. If she had behaved herself and stayed away from his pool, he wouldn't have had to kill her. I think in his mind, she got what she deserved!

What a miserable coward.

 

[keeponsearching]

I really think when a child goes missing outside theer home, car searches should be done for everyone who leaves the neighborhood, does not matter if you live there or not. How many times have we seen this happen. It could scare perps off.

 

[LCoastMom]

Seems to me they took a little creative liberty in this article.
http://www.ksdk.com/news/article/271775/3/Document-Breeann-Rodriguez-suffocated-dumped
He told investigators it took an hour for the little girl to die, according to court documents.

They left out the words "it felt like".

Sorry to be so picky. I just don't like when media distorts things like that.

Her poor family...I hope someone is shielding them from this.

 

[Kat]

Can someone explain please?

What is this "waterway system" that they are talking about?

How much water is in it at this time of the year and specifically this year because of such bad weather on the mainland (droughts and such).

How swift does that water move?

Where does that water run to?

Thanks if anyone can explain!

 

[BeanE]

2005 Missouri Code - § 565.020. — First degree murder, penalty--person under sixteen years of age not to receive death penalty.
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565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter.
2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor.
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 � A, A.L. 1990 H.B. 974)
CROSS REFERENCE: Execution, location, duties of the warden, RSMo 546.730

 

[hollye]

Keep in mind that these are old street view images and may not reflect wha thte house looks like today...

Here is 118 Ode Johnson from the street. You cannot see the pool. There is a fence, but it does not appear to enclose the back yard, just the sides to the the street and possibly the back along the rear property line.

 

[MsFacetious]

So he got angry because she was on his pool ladder and he suffocated her??????
OMG

Did they search pools when they searched the neighborhood? I never heard them mention pools... just sheds and things like that.
I guess if his was the only pool, then we wouldn't have heard mention of it though.

If he decides to kill her just to kill her... Why not just throw her in the pool and then it would look like she climbed in and drowned?
Improper fencing, yes... but he could also argue improper supervision by her caregivers... would be a whole lot better than murder.
I don't understand the reasoning here.

Why was the pool accessible to a 3YO to begin with???!!!!!

That just really bugs me, sorry. We lose a LOT of children here in FL due to improperly fenced/gated/self latching gates around pools.
Homeowners who have pools should have effective barriers.

When we put up ours for the summer... for medical/therapy reasons... we put it in a location in our yard that is not visible from the road.
Due to buildings in our backyard, no other houses can see it either. We don't have young kids around us, they are all teens.

We take the ladder out as the kids get out of the pool. We put both covers on immediately.
It takes as long to uncover and re-cover the pool as it does for the kids to swim in it.

As far as the laws... Some areas don't require a fence if the pool is not of permanent construction.
Or if it is at least 42 inches above ground it is considered a barrier of it's own.

I can't find Senath specifically... however, much of Missouri requires a 48 inch fence... with a bunch of other rules...

They can vary on whether that applies to non permanent above ground pools... or if it is any pools that are not drained after each use. So even a large non permanent above ground pool would apply if that was the rule.

http://www.springfieldmo.gov/build/pools.html