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

[Dr. Know?]

All's well. His attorney on record is back on his docket. I think it was a glitch possibly.

 

[Dr. Know?]

Update on his charges & new case. No charge listed yet on this new docket. Next court date for the arraignment is 12/14/11 AT 10:30 A.M. No info on a lawyer on this docket yet. It just lists this one as a criminal infraction. Very interesting.

12/02/2011 Bndover Circ-Waive Prel Hrng
COMES STATE BY ASSISTANT PROSECUTING ATTORNEY AND COMES DEFENDANT IN PERSON AND WITH ATTORNEY, THOMAS EARL MARSHALL. DEFENDANT WAIVES PRELIMINARY HEARING AND IS BOUND OVER TO AWAIT THE ACTION OF THE CIRCUIT COURT DIVISION I ON ITS LAW DAY 12/14/11 AT 10:30 A.M. BOND OF DEFENDANT REMAINS SET AT $ NO BOND AND DEFENDANT REMAINS IN JAIL FOR FAILURE TO FURNISH SAID BOND.

Order
STATE APPEARS BY APA JONCE CHIDISTER. DEFENDANT APPEARS WITH ATTORNEY, THOMAS EARL MARSHALL. MOTION TO ASSURE PROTECTION OF CONFIDENTIALITY, ACCUSED'S MOTION FOR COURT PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET IS SUSTAINED BY AGREEMENT OF PARTIES. ARGUMENTS HEARD ON MOTION CONCERNING DISPLAYING OF THE ACCUSED'S MOTION FOR COURT ORDER PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET. ARGUMENTS HEARD ON MOTION FOR COURT ORDER PERMITTING ACCUSED'S MOTION FOR COURT ORDER PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET DENIED. DEFENDANT THEN BROUGHT TO COURT UPON AGREEMENT OF STATE AND DEFENDANT ATTORNEY'S AT 10:00 AM. DEFENDANT WAIVES PRELIMINARY HEARING.
Filed By: JOHN C SPIELMAN

Motion Hearing Held
MOTION HEARING HELD.
Scheduled For: 12/02/2011; 1:00 PM ; JOHN C SPIELMAN; Dunklin

11/30/2011 Filing:
ACCUSED'S MOTION FOR COURT ORDER PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET.
Filed By: THOMAS EARL MARSHALL

Motion to Shorten Time
ACCUSED'S MOTION TO SHORTEN TIME.
Filed By: THOMAS EARL MARSHALL

Notice
COME NOW THE ACCUSED, SHAWN MORGAN, BY AND THROUGH COUNSEL UNDERSIGNED AND HEREBY GIVES NOTICE OF HIS INTENT TO CALL UP ALL PENDING DEFENSE MOTIONS FOR HEARING AND RULING ON DECEMBER 2, 2011, AT THE DUNKLIN COUNTY COURTHOUSE AT 9:00 AM OR AS SOON THEREAFTER AS POSSIBLE.
Filed By: THOMAS EARL MARSHALL

New docket

12/02/2011 Judge/Clerk - Note
NO BOND SET
Arraignment Scheduled
Scheduled For: 12/14/2011; 10:30 AM ; STEPHEN R SHARP; Dunklin

Judge Assigned

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

 

[Dr. Know?]

MOVAN updates

12/3/2011

This e-mail is to inform you that a motion has been filed about the defendant SHAWN MORGAN and court case number 11DUCR01024. The case status is now: Pending

12/3/2011

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Arraignment trial has been scheduled for 12/14/2011 at 10:30 AM. This will take place in Dunklin Cty Circuit Clerk, located at: Courthouse Square in Kennett, MO 63857

https://www.vinelink.com/vinelink/initSearchForm.do?searchType=offender&siteId=26000

 

[greenpalm]

http://www.dddnews.com/story/1790754.html

During court proceedings on Friday morning, the preliminary hearing for Shawn Morgan, 43, of Senath, Mo., was waived and he was bound over to Division 1, according to Dunklin County Prosecuting Attorney Stephen P. Sokoloff.
Morgan's arraignment has been set for Dec. 14.

 

[luvhockey]

Semi update. The home of Shawn Morgan burned early this morning. Karma I guess.
The article says no one was living there.

Also 2 nights ago his brother's house burned down. This was mentioned on the Senath topix forum.
Very interesting

 

[Patty G]

Thank goodness Mrs. Morgan and her children were not living there at the time of the fire as this could have been very serious for all of them.

It would be interesting to know if the family still lives there, as this will certainly be a devastating loss for all of them.

Also, whoever set this fire also put the homes around the Morgan home in jeopardy as they too could have caught on fire.

I sure hope LE can find out who set this fire, and any other fire around this family.

Taking revenge in one's own hands in not the way to go, IMO>

 

[OneLove]

Thank goodness Mrs. Morgan and her children were not living there at the time of the fire as this could have been very serious for all of them.

It would be interesting to know if the family still lives there, as this will certainly be a devastating loss for all of them.

Also, whoever set this fire also put the homes around the Morgan home in jeopardy as they too could have caught on fire.

I sure hope LE can find out who set this fire, and any other fire around this family.

Taking revenge in one's own hands in not the way to go, IMO>

Glad you pointed this out.

One possibility other than revenge is that the owner had the house burned to get out from under the financial burden. It is sadly not uncommon.

I have no idea what happened or why, but in ANY case, this act SERIOUSLY endangered many people. And out west in drier climates, this could have burned down several STATES.

Arson is a serious crime and should be prosecuted as such.

 

[luvhockey]

I just found it interesting that both homes burned in 2 days and Morgan is due in court this morning.
I hope the wife and kids had all their possessions out of the home already.

 

[Dr. Know?]

Very suspicious the home burned down & a brothers too. Wow. One of the last motions his defense submitted was for the defense to be able to go to the home. It was denied.

Update from his court docket today. Not much and this new docket does not have his charges listed. His old docket says look to this new case number for pending charges.

Old docket

12/02/2011 Bndover Circ-Waive Prel Hrng
COMES STATE BY ASSISTANT PROSECUTING ATTORNEY AND COMES DEFENDANT IN PERSON AND WITH ATTORNEY, THOMAS EARL MARSHALL. DEFENDANT WAIVES PRELIMINARY HEARING AND IS BOUND OVER TO AWAIT THE ACTION OF THE CIRCUIT COURT DIVISION I ON ITS LAW DAY 12/14/11 AT 10:30 A.M. BOND OF DEFENDANT REMAINS SET AT $ NO BOND AND DEFENDANT REMAINS IN JAIL FOR FAILURE TO FURNISH SAID BOND.

Order
STATE APPEARS BY APA JONCE CHIDISTER. DEFENDANT APPEARS WITH ATTORNEY, THOMAS EARL MARSHALL. MOTION TO ASSURE PROTECTION OF CONFIDENTIALITY, ACCUSED'S MOTION FOR COURT PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET IS SUSTAINED BY AGREEMENT OF PARTIES. ARGUMENTS HEARD ON MOTION CONCERNING DISPLAYING OF THE ACCUSED'S MOTION FOR COURT ORDER PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET. ARGUMENTS HEARD ON MOTION FOR COURT ORDER PERMITTING ACCUSED'S MOTION FOR COURT ORDER PERMITTING THE DEFENSE TO INSPECT 118 ODE JOHNSON STREET DENIED. DEFENDANT THEN BROUGHT TO COURT UPON AGREEMENT OF STATE AND DEFENDANT ATTORNEY'S AT 10:00 AM. DEFENDANT WAIVES PRELIMINARY HEARING.
Filed By: JOHN C SPIELMAN

Motion Hearing Held
MOTION HEARING HELD.
Scheduled For: 12/02/2011; 1:00 PM ; JOHN C SPIELMAN; Dunklin


Charge/Judgment
This charge is no longer pending. Please refer to case 11DU-CR01024-01 for pending charge. (5x it says this for his 5 charges)

New docket updated today

12/14/2011 Motion for Discovery
Filed By: THOMAS EARL MARSHALL

12/02/2011 Judge/Clerk - Note
NO BOND SET

Arraignment Scheduled
Scheduled For: 12/14/2011; 10:30 AM ; STEPHEN R SHARP; Dunklin

Judge Assigned

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

 

[Dr. Know?]

That link above has been updated about the fire at Kevin M's house also on Monday. This is just too hinky.

snipped

Senath police say the home of Kevin Morgan, Shawn Morgan's brother, also burned on Monday. That fire is also under investigation.

http://www.kfvs12.com/story/1631968...-called-to-house-fire-early-wednesday-morning

 

[krimekat]

That link above has been updated about the fire at Kevin M's house also on Monday. This is just too hinky.

snipped

Senath police say the home of Kevin Morgan, Shawn Morgan's brother, also burned on Monday. That fire is also under investigation.

http://www.kfvs12.com/story/1631968...-called-to-house-fire-early-wednesday-morning

This is one of five suspicious fires police say are under investigation in Senath.

 

[Dr. Know?]

Here we go. The docket is now updated and charges are back. No additional ones yet but there will be a change of venue. The jurors will be selected from Phelps County but trial will be in Dunklin. hmmm

12/14/2011 Motion Hearing Scheduled
Scheduled For: 02/08/2012; 10:00 AM ; STEPHEN R SHARP; Dunklin

Plea of Not Guilty Entered
MATTER CONTINUED TO 02/08/12, AT 10:00 A.M. FOR PRELIMINARY MOTIONS AND POSSIBLE TRIAL SETTING.
Filed By: SHAWN D MORGAN

Order
COURT APPROVES THE STIPULATION OF PARTIES. IT IS ORDERED THAT THE VENUE OF THE TRIAL SHALL REMAIN IN DUNKLIN COUNTY. AT TRIAL TIME, A JURY WILL BE SELECTED FROM 26TH JUDICIAL CIRCUIT, PHELPS COUNTY.
Filed By: STEPHEN R SHARP
Associated Entries: 12/14/2011 - Filing:
BY PARTIES: CHANGE OF VENUE STIPULATION

Waiver of Formal Arraignment
STATE APPEARS BY PA STEPHEN SOKOLOFF. DEFENDANT APPEARS WITH ATTORNEY, THOMAS MARSHALL.

Filing:
BY PARTIES: CHANGE OF VENUE STIPULATION
Associated Entries: 12/14/2011 - Order

COURT APPROVES THE STIPULATION OF PARTIES. IT IS ORDERED THAT THE VENUE OF THE TRIAL SHALL REMAIN IN DUNKLIN COUNTY. AT TRIAL TIME, A JURY WILL BE SELECTED FROM 26TH JUDICIAL CIRCUIT, PHELPS COUNTY.
Motion for Discovery
Filed By: THOMAS EARL MARSHALL

Filing:
ACCUSED'S ASSERTION OF HIS FIFTH, SIXTH AND FOURTEENTH AMENDMENT RIGHTS

Filed By: THOMAS EARL MARSHALL

Motion for Disclosure
Filed By: STEPHEN P SOKOLOFF

Information Filed
CHARGING DEFENDANT WITH: COUNT I CLASS A FELONY OF MURDER 1ST DEGREE COUNT II FELONY OF ARMED CRIMINAL ACTION COUNT III CLASS D FELONY OF TAMPERING WITH PHYSICAL EVIDENCE COUNT IV CLASS A FELONY OF CHILD KIDNAPPING COUNT V CLASS C FELONY OF POSSESSION OF CHILD
Filed By: STEPHEN P SOKOLOFF
Associated Entries: 12/02/2011 - Arraignment Scheduled
Scheduled For: 12/14/2011; 10:30 AM ; STEPHEN R SHARP; Dunklin

Motion for Discovery
Filed By: THOMAS EARL MARSHALL

A motion hearing is set for Feb. 8, 2012.

WEDNESDAY, FEBRUARY 8, 2012
Judge/Commissioner Time Day Setting Event
STEPHEN R SHARP 10:00 AM 1 OF 1 Motion Hearing
Event Text: Location: Division I/II Courtroom 300 Dunklin
Address: COURTHOUSE SQUARE PO BOX 567 KENNETT MO


https://www.courts.mo.gov/

 

[luvhockey]

I wonder how they decide what county to pick jurors from. That's about a 3.5 hour drive.
I wonder how long the trial is expected to last. I wouldn't think more than a week??

 

[LCoastMom]

http://www.kait8.com/story/15358904/suspected-killer-of-senath-3-year-old-appears-in-court

KENNETT, MO (KAIT) – The man accused of killing Senath 3-year-old Breeann Rodriguez has pleaded not guilty in court Wednesday.

According to the Dunklin County Prosecutor's Office, Shawn Morgan pleaded not guilty in court Wednesday and his lawyers filed a change of venue request. The request was granted with stipulations, meaning the trial will still be in Dunklin County, but the jury will come from Phelps County.

Morgan is schedule to appear in court again on February 8 at 10am for a motions hearing.

I will never understand how it works that someone can confess then plead NOT GUILTY...just doesn't work, admit your crime then take your punishment. What a piece of work.

 

[AmandaReckonwith]

Case archive is updated:

http://s296.photobucket.com/albums/mm166/crankycrankerson/Breeann%20Rodriguez%20%20-MO-/

 

[MsFacetious]

At the time of the fire Wednesday morning no one was living in the home.
Police are still searching for the home owner.

http://www.kfvs12.com/story/1631968...-called-to-house-fire-early-wednesday-morning

So was the Morgan family renting the house on Ode Johnson? :waitasec:

Thank goodness Mrs. Morgan and her children were not living there at the time of the fire as this could have been very serious for all of them.

It would be interesting to know if the family still lives there, as this will certainly be a devastating loss for all of them.

Also, whoever set this fire also put the homes around the Morgan home in jeopardy as they too could have caught on fire.

I sure hope LE can find out who set this fire, and any other fire around this family.

Taking revenge in one's own hands in not the way to go, IMO>

I agree completely. Vigilante justice is not cool...

In THIS case that may not have exactly been the situation.
How is it revenge to burn down this house, it doesn't matter to Shawn Morgan... he isn't going to be living there.
If anything, it might hurt the prosecution because what if they find out later there is evidence there they didn't know about?

However... people in the area probably see that house as where Breeann died.
That is probably just how they view the house and always would have.
Residents may well have wanted the house gone. I think that would be a more likely reason to burn it down.
It certainly wouldn't be the first time that a house was destroyed... legally or not after a homicide occurred in it.

It also could have just coincidentally, though unlikely, been part of a random arson spree... since it's one of 5 fires.

 

[hollyblue]

Semi update. The home of Shawn Morgan burned early this morning. Karma I guess.
The article says no one was living there.

Also 2 nights ago his brother's house burned down. This was mentioned on the Senath topix forum.
Very interesting

Investigators saying this is the 5th home of the Morgan's to burn in the last ten years. At the :48 mark in video.

Financial issues or just some wacko...family or otherwise? Whatever it is....it involves the family, imo.

 

[Dr. Know?]

Yes Holly you heard that right, thanks, the 5th home in the last 10 years belonging to the Morgan family to burn. 2 just this past week. I doubt the homes are insured after that many claims.? I know I've read some mean things towards the family. Stuff before Shawn did this to Breeann. Shawn's brother mentioned in the article who's house was also burned down, I've read is an ex-cop. Don't know if that's true or not. Someone really is angry to burn two homes belonging to brothers. That's a message, imo.

 

[Dr. Know?]

Docket update

12/19/2011 Motion Filed

MOTION FOR BILL OF PARTICULARS

Filed By: THOMAS EARL MARSHALL

https://www.courts.mo.gov/casenet

Definition: Motion for Bill of Particulars

23.04. Misdemeanors or Felonies - Indictment or Information - Bill of Particulars - Motion - Amendments

When an indictment or information alleges the essential facts constituting the offense charged but fails to inform the defendant of the particulars of the offense sufficiently to prepare a defense, the court may direct or permit the filing of a bill of particulars. A motion for a bill of particulars may be made before arraignment or within ten days after arraignment or at such later time as the court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.

http://www.courts.mo.gov/courts/Cle...322a1e9d04ff8ef686256ca6005213d8?OpenDocument

 

[Dr. Know?]

After reading a little more about this Bill of Paticulars motion filed, the home burning really is suspect. jmo

snipped from website

The pretrial process is important. The first thing you want to consider is if you are eligible for bond pending disposition of your case. The second step is to file motions for discovery and special information requesting search warrant documents, if they apply in your case, in order to see whether any of these can be attacked. Obtaining as much evidence as possible before your case progresses helps a defendant to decide what is in their best interest. Evidence concerning search warrants is one of the most litigated parts of the pretrial process and is known as a suppression hearing. The Fourth Amendment protects you from unreasonable search and seizure in your car, on your person, in your home, business, and other places where elements of the crime might be located. The government must follow specific procedures in exercising the authority to search by probable cause or exigent circumstances or to obtain a warrant. All of this information is helpful in determining whether you can attack the government’s conduct on search and seizure issues.
There are several types of pretrial motions that can be filed including pre-indictment delays, statute of limitations, request for a bill of particulars, general discovery or what evidence the government will have against you, speedy trial violations, sufficiency of the indictment based on inadequate information and notice of the charges and penalties, and duplicity. http://www.federalcriminallawcenter.com/CM/Custom/Frequently-Asked-Questions-of-Federal-Criminal.asp

So they filed a motion for the defense to check the home, it was denied, the house burns on the same day Shawn had court this month, brothers too 2 days before Shawn's, the law can't go back and re-check Shawn's house or his brothers. It's gone. hmmm His docket lists the 4th amendment posted a page or two back..Hope it doesn't work in court. Now what happened to the other 3 homes in the past 10 years? I feel a bully present. jmo