GUILTY MO - Breeann Rodriguez, 3, Senath, 6 August 2011 - #5

[LCoastMom]

The longer he is without a lawyer the better no? not sure.

It just postpones the inevitable...saw this in Judge Zacky's Court (Lancaster, CA) drug dealer showed up once a month x3 saying he was going to get an attorney, bailiffs carted him back to the holding cell - just PO'd the judge. :crazy:

 

[cluciano63]

The main thing is to hope that the LE person who took his confession read him his rights and can prove it, or else it won't matter if the confession matches the outcome of where she is found, and how.

 

[wannabedetective]

So what would happen if a perp refused to find private counsel and they aren't eligible for a PD?

 

[LCoastMom]

Why do they not have his arse down along the highway to show LE exactly where he claims to have tossed her poor little body ? They should have found her by now, I wonder how big, and how fast the current is in this flood ditch he claims to be where she is.
He's a <modsnip> and deserves the needle, I could kick his a** :furious:

I read here (posted by a local) that there is not a lot of movement in the water right now and the water is only 3 feet-ish deep. Doesn't make sense that they have not found her with all the searchers out there but it is still a large area to cover so IDK...

I hope TES is called in very soon.

 

[~n/t~]

Once and if they find her body and if she was placed inside of a "white garbage bag" and if she is found where he said he dumped her body and if the ME says the COD was suffocation prior to being placed in the water. (if that is where she is found) I think any good attorney would tell him to plead guilty and save the cost of gong to trial. That kind of case would be a slam dunk case for the state IMO. Who else would know all those details such as the garbage bag, how she died and being placed in the water other than the killer. The state of MO might require a trial for a capital offense and a guilty plea might not be an option either.

Now if she is found wrapped in a blanket buried in the woods he could be just throwing LE for a loop with his story and then his confession is not so great for the state. But I think the bike was found where he said it was so I think he is pretty much on the hook or should I call it a noose.

JMO

Most of us thought the Casey Anthony case was a slam dunk case...Surprise Surprise.

I don't take anything for granted anymore and this case worries me for many reasons.

 

[Evan's Mom]

So what would happen if a perp refused to find private counsel and they aren't eligible for a PD?

I'm pretty sure he'll qualify for a PD. His house was average lower middle class at best and this is going to be a huge case.

 

[Dr. Know?]

This county is fast updating dockets!


08/16/2011 Counsel Status Hrng Scheduled
Scheduled For: 08/30/2011; 9:00 AM ; JOHN C SPIELMAN; Dunklin

Arraignment Held
Comes State by Assistant Prosecuting Attorney and comes defendant in person. Defendant is advised of charge against him/her, of right to retain counsel and to request assignment of counsel if he/she is unable to employ counsel and of his/her right to remain silent and that any statement made by him/her may be used against him. STATE APPEARS BY APA JONCE CHIDISTER. DEFENDANT APPEARS.
Scheduled For: 08/16/2011; 9:00 AM ; JOHN C SPIELMAN; Dunklin

https://www.courts.mo.gov/casenet/cases/searchDockets.do

 

[dsntslp]

So what would happen if a perp refused to find private counsel and they aren't eligible for a PD?

In a Capital case, I do believe a Judge would appoint Counsel anyway. Some Def's represent themselves but not without going through a battery of questions by the Judge and Psych tests to be sure they are competent to represent themselves. Even then, most Judges will appoint Counsel to be available to the Def. in the event the Def. should need an Atty. for advice etc...


HTH
My opinion only

We do have verified Attorneys here at WS that I am sure can add to this or correct any misinformation I may have posted.

Perhaps we should pose these questions to them for a more thorough explanation.

A few of them proved to be a very valuable resource during the FCA case.

HTH

Lunch time! Food! BBL

 

[dsntslp]

This county is fast updating dockets!


08/16/2011 Counsel Status Hrng Scheduled
Scheduled For: 08/30/2011; 9:00 AM ; JOHN C SPIELMAN; Dunklin

Arraignment Held
Comes State by Assistant Prosecuting Attorney and comes defendant in person. Defendant is advised of charge against him/her, of right to retain counsel and to request assignment of counsel if he/she is unable to employ counsel and of his/her right to remain silent and that any statement made by him/her may be used against him. STATE APPEARS BY APA JONCE CHIDISTER. DEFENDANT APPEARS.
Scheduled For: 08/16/2011; 9:00 AM ; JOHN C SPIELMAN; Dunklin

https://www.courts.mo.gov/casenet/cases/searchDockets.do

Maybe they don't have PD's there at 1st Appearance? If they did it should be noted, IMO.

 

[mrye4709]

I read here (posted by a local) that there is not a lot of movement in the water right now and the water is only 3 feet-ish deep. Doesn't make sense that they have not found her with all the searchers out there but it is still a large area to cover so IDK...

I hope TES is called in very soon.

Someone on FB said the family was making the call, I hope so.

 

[CHICANA]

Most of us thought the Casey Anthony case was a slam dunk case...Surprise Surprise.

I don't take anything for granted anymore and this case worries me for many reasons.

I think Casey would be sitting on death row right now if she'd been in front of a Missouri jury. Jmo

 

[Dr. Know?]

Maybe they don't have PD's there at 1st Appearance? If they did it should be noted, IMO.

From following Haleigh Cummings case and quite a few others, it's not uncommon not to be appointed a PD until he files for indengent status I believe? Next appearance hopefully.

Ask a lawyer though! AZlawyer is awesome!

 

[dsntslp]

From following Haleigh Cummings case and quite a few others, it's not uncommon not to be appointed a PD until he files for indengent status I believe? Next appearance hopefully.

Ask a lawyer though! AZlawyer is awesome!

I agree! AZLawyer is awesome!!!

Yes, things are sometimes done a lot differently here as we have an internship program at the Public Defenders Office that provides Defense Investigators to the Defendant to get their side of the story before the Def. even speaks to their PD, if they are appointed one. It is their 1st contact with the PD Office and is done at 1st appearance. The paperwork from that initial interview , done by the Def. Investigator, is then given to the Public Defenders Office. If the Def. is appointed a PD the Atty then has a brief of sorts before they ever speak to their client.

Great program! Very efficient and saves a lot of $.

My opinion only,

HTH

 

[summer_breeze]

http://www.dddnews.com/story/1753551.html

Tuesday, August 16, 2011
LECIA FORESTER , Daily Dunklin Democrat

<snipped>

Spielman then inquired of Morgan about counsel to which he said he had not acquired an attorney as of yet.

 

[Dr. Know?]

He's really trying to hide his face from onlookers.

 

[AnaTeresa]

From following Haleigh Cummings case and quite a few others, it's not uncommon not to be appointed a PD until he files for indengent status I believe? Next appearance hopefully.

Ask a lawyer though! AZlawyer is awesome!

Not a lawyer, just a law student, but here in Ohio, I believe you are not appointed one until you are declared indigent. Most of the time, that's done by the defendant by filling out a form, although in the case of some defendants (like the homeless), the court just goes ahead and appoints.

That may vary by state, and there may be more nuance to it, so definitely check with a lawyer.

 

[Joe Friday]

I'm pretty sure he'll qualify for a PD. His house was average lower middle class at best and this is going to be a huge case.

Morgan was reported to work at a steel factory in Blytheville. If Morgan was a union worker he would have received a much better than minimum wage paycheck with complete benefits. He very well might not qualify for a PD given his place of employment.

 

[sarx]

Posting up here too, does anyone have the link to the map handy? tia

NM, got it, thanks!!

 

[Patty G]

I would think that SM would qualify for PD considering there is no chance he will EVER be able to return to work.

 

[Pensfan]

Why is SM so small in stature? He is at or below the 5th percentile in height for his ethnicity. The average white American male is 5&#8217;10&#8221; . The photos of SM show his height around 5&#8217;4&#8221;.
http://www.halls.md/chart/men-height-w.htm

There is concern about his height because he might also be microcephalic and this is frequently associated with borderline MR and MR. He might have a normal head circumference but still be borderline MR. Mental impairment MIGHT affect his prison sentence, allow him to recant his confession, or allow his attorney to appeal his sentence.


Possible causes of adult stature at 5th percentile:

*Biomom exposed to some toxic substance (virus, bacteria, radiation, mercury, lead, cigarettes, organic solvents, booze, and etc...)- Can cause growth retardation and/or microcephaly and/or MR/borderline MR in fetus.
http://www.safefetus.com/drug.htm

*Intrauterine growth retardation r/t some placenta issue with his biomom&#8217;s pregnancy- Can cause permanent deficit in stature and/or cognitive impairment in fetus.
http://www.aafp.org/afp/980800ap/peleg.html

*Childhood malnutrition/neglect- Can cause short stature, cognitive impairment, and antisocial behavior.
http://www.sciencedaily.com/releases/2004/11/041117005027.htm

*Growth deficiency r/t some untreated or untreatable medical condition- Can cause permanent deficit in stature and cognitive impairment.
http://www.emedicinehealth.com/growth_hormone_deficiency_faqs/page6_em.htm

*Inherited &#8220;small stature&#8221; genes