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

[AmandaReckonwith]

Finally, some news from DDD:

New trial date set.

http://www.dddnews.com/story/1953697.html

Shawn Morgan, of Senath, accused murderer of three-year-old Breeann Rodriguez, has been scheduled to stand trial beginning, Monday, Nov. 18, 2013, according to Missouri court records. Court proceedings will begin at 8:30 a.m., and will continue every day until the conclusion of the trial.


Jury selection will be in Phelps County and will be held at 8:30 a.m., Thursday, Nov. 14. An additional day -- Friday, Nov. 15 -- has also been slotted if the need arises. The trial will take place in Dunklin County.

In a previous court appearance on Feb. 13, of this year a change of judge motion was granted to the defendant granting the motion to take Circuit Judge of the 35th Judicial Circuit Robert N. Mayer off of the case, without objection from the defense, and the motion to assign Mayer's predecessor, Judge Stephen R. Sharp as Senior Judge on the case.

 

[cocomod]

http://www.semissourian.com/story/1953900.html

A November trial is scheduled for a Bootheel man accused of murdering his 3-year-old neighbor.

Shawn Morgan of Senath, Mo., accused in the murder of Breeann Rodriguez, has been scheduled to stand trial beginning Nov. 18.

Jury selection will be Nov. 14 in Phelps County.

 

[margarita25]

Heartbreaking.

 

[Gardenlady]

Bumping for Breeann... Couldn't find any news, so assuming that the November date is still a go.

Justice is coming, sweetie. :rose:

 

[menmo]

Bumping for Breeann... Couldn't find any news, so assuming that the November date is still a go.

Justice is coming, sweetie. :rose:

Checking Missouri Case Net (Dunklin County 35th Juicial District )

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

6/3/13 it shows an exparte order to transport (to where I don't know)
6/6/13 it shows Addendum to Exparte Order to Transport
7/10/13 it shows motion for a bill of particulars or in the alternative a more definite statement of aggravating circumstane or, in the alternative, to strike allegation of aggravating circumstance lacking in specificity. (Filed by Charles Douglas Moreland)

 

[AmandaReckonwith]

Interesting. My first thought is some kind of altercation in jail, but no clue.

 

[menmo]

Reading a little more when I'm not so tired but getting ready to dash out the door.

It appears that on the 6/6/13 filing for the exparte order to transport it was filed by Stephen R Sharp.
On the 6/3/13 there is two order to transport filed, one by Stephen R. Sharp and one by Thomas Earl Marshall.

I see where Stephen R. Sharp is the assigned Judge, but who is Thomas Earl Marshall?

ETA: Just read instead of scanning through fast that Thomas Earl Marshall is one of his defense attorneys.

I, too, thought it was for transport to a medical facility or another jail.
We have to transport some of ours out because the jail is always full.

MOO

 

[Dr. Know?]

I received this via email from Vinelink this morning.

7/31/2013

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Hearing has been scheduled for 8/14/2013 at 10:30 AM. This will take place in Dunklin Cty Circuit Court, located at: Courthouse Square in Kennett, MO 63857.

From his court record via casenet


07/29/2013 Motion to Compel
ACCUSED'S MOTION TO COMPEL FORMAL DISCOVERY RESPONSE AND DISCLOSURE OF PENALTY PHASE WITNESSES AND EVIDENCE
Filed By: THOMAS EARL MARSHALL

Correspondence Filed
Filed By: THOMAS EARL MARSHALL

07/26/2013 Hearing Scheduled
Scheduled For: 08/14/2013; 10:30 AM ; STEPHEN R SHARP; Dunklin

Notice
NOTICE OF HEARING ON AUGUST 14, 2013

07/23/2013 Motion to Compel
Filed By: STEPHEN P SOKOLOFF

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

See you in two weeks.

 

[AmandaReckonwith]

Dr Know, you probably got this one today... what do you make of it?


a court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024 has been cancelled. The event was scheduled for 8/14/2013

 

[cluciano63]

I thought this guy confessed? Why is he having a trial? Oh yeah, lawyers...

 

[Dr. Know?]

AmandaW, I checked his docket. It is showing the next court dates as follows:

MONDAY, AUGUST 19, 2013

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

MONDAY, NOVEMBER 18, 2013
Judge/Commissioner Time Day Setting Event
STEPHEN R SHARP 8:30 AM 1 OF 1 Jury Trial
Event Text: Location: Division I/II Courtroom 300 Dunklin

Here it is, they updated the docket

Sort Date Entries: Descending Ascending Display Options: All Entries Pending Motions

08/02/2013 Motion Hearing Scheduled
Scheduled For: 08/19/2013; 1:00 PM ; STEPHEN R SHARP; Dunklin

Order
ALL PENDING MOTIONS ARE SET FOR HEARING AT 1:00 P.M., MONDAY, AUGUST 19, 2013. S/STEPHEN R SHARP

08/01/2013 Filing:
OBJECTION TO MISSOURI APPROVED INSTRUCTIONS 300.02 AND 302.04
Filed By: THOMAS EARL MARSHALL

Filing:
DEFENDANT'S OBJECTION TO, AND MOTION TO MODIFY, ALL VERDICT-DIRECTING INSTRUCTIONS TO SPECIFICALLY REQUIRE THE JURY TO UNANIMOUSLY FIND THAT THE STATE HAS PROVED EACH ELEMENT OF THE OFFENSE BEYOND A REASONABLE DOUBT
Filed By: THOMAS EARL MARSHALL

Motion to Modify
MOTION TO MODIFY MAI-CR 3d 314.44 TO CORRECTLY INSTRUCT THE JURY ON THE BURDEN OF PROOF AS TO 565.030.4(3)
Filed By: THOMAS EARL MARSHALL

Motion Filed
MOTION FOR COURT TO INSTRUCT JURORS IN ACCORDANCE WITH STATUTORY SECTION 565.032--EVIDENCE AS A WHOLE
Filed By: THOMAS EARL MARSHALL

Motion Filed
MOTION FOR COURT TO INSTRUCT JURORS IN ACCORDANCE WITH STATUTORY SECTION 565.030.4 (3)--IF JURY "CONCLUDES" MITIGATION OUTWEIGHS AGGRAVATION
Filed By: THOMAS EARL MARSHALL

Filing:
OBJECTION TO VICTIM EVIDENCE AND THE THE MISSOURI JURY INSTRUCTIONS AS THEY RELATE TO VICTIM IMPACT EVIDENCE AND, IN THE ALTERNATIVE, FOR WRITTEN NOTICE OF THE CONTENTS OF ANY VICTIM IMPACT EVIDENCE IN AGGRAVATION
Filed By: THOMAS EARL MARSHALL

Filing:
SHORT TANDEM REPEAT (STR) DISCOVERY REQUEST
Filed By: THOMAS EARL MARSHALL

Correspondence Filed
Filed By: THOMAS EARL MARSHALL


Address: COURTHOUSE SQUARE PO BOX 567 KENNETT MO


Looks like they will be arguing the DP. Statute 565.032 & jury instructions. That's progress.

http://www.moga.mo.gov/statutes/c500-599/5650000032.htm

 

[Dr. Know?]

Now they send the update. Received it this morning.

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Motions has been scheduled for 8/19/2013 at 1:00 PM. This will take place in Dunklin Cty Circuit Court, located at: Courthouse Square in Kennett, MO 63857.

 

[Gardenlady]

Do we know what the court "event" was? Gonna go heck and see if there is any news on it.

 

[Gardenlady]

Oops, should have gone back a page lol.

So just motions hearing then? I'm tired of waiting on this trial. I cannot imagine the pain felt by Breeann's family. Having to go on with their lives for so long, somehow finding a "new normal", and after all this time their wounds will finally be ripped open fresh again, once the trial starts.

Wishing them all the strength and love I can. :rose:

 

[AmandaReckonwith]

There was a brief mention of the hearing, just with old footage on the nightly news on KAIT8.
(begins after the tick story, at 3:33 mark)
http://www.kait8.com/category/240189/video-landing-page?clipId=9216464&autostart=true

A better article is here:
http://www.dddnews.com/story/1996254.html

Taken under advisement was the issue of some psychiatric reports and additional information that is needed as well as an issue concerning the computers that were seized from Morgan and how his attorneys can get copies of what was on there.

"Basically, I've offered to make them available for them to look at and copy but not turn over and they're wanting me to turn it over to them or to actually make copies for them," Sokoloff said.

I have also updated the Case Archive with these.
I am wondering why AFTER 2 YEARS+ that defense has not gotten info from computers?
I mean... this ** murdered a baby, confessed, took them to her body, then pleads NG.
Geez, drown him in the river already.

 

[Dr. Know?]

Do you rember when Jose Baez kept complaining about paying to make copies of evidence in CA's trial? I do. I've seen it in other trials so it's nothing new. Too bad, so sad. (tfrohning saying)

I rec'd a couple MOVANS moving SM here and there. It's pretty boring to post but here goes. Two week notice in advance to him being moved...okay.

9/6/2013

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Motions has been scheduled for 9/20/2013 at 9:30 AM. This will take place in Dunklin Cty Circuit Court, located at: Courthouse Square in Kennett, MO 63857.

 

[Dr. Know?]

Email via MOVANS/Vinelink.

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Motions has been scheduled for 9/20/2013 at 9:30 AM. This will take place in Dunklin Cty Circuit Court, located at: Courthouse Square in Kennett, MO 63857.

If you plan to attend the hearing, be sure to check with the prosecutor's office to make sure the hearing is still set. You should telephone the day before the hearing, as last minute continuances are often granted. For more information, contact the office responsible for this case.

http://dps.mo.gov/dir/programs/cvsu/movans.asp

 

[Dr. Know?]

Docket entries via MO Case.net.

09/19/2013 Reply
DEFENSE REPLY AND OBJECTIONS TO STATE'S MOTION FOR PSYCHOLOGICAL EVALUATION--THE PART THAT CONCERNS EX PARTE PROCEEDINGS
Filed By: THOMAS EARL MARSHALL

Reply
DEFENSE REPLY AND OBJECTIONS TO STATE'S MOTION FOR PSYCHOLOGICAL EVALUATION
Filed By: THOMAS EARL MARSHALL

Filing:
SUGGESTIONS IN SUPPORT OF SUBMITTING THE DEFENSE PROPOSED JUROR QUESTIONAIRE AND INCLUDING QUESTIONS REGARDING PUNISHMENT
Filed By: THOMAS EARL MARSHALL

09/18/2013 Subpoena Served

09/16/2013 Notice
NOTICE FOR HEARING AND RULING ON SEPTEMBER 20, 2013 "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Motion Filed
MOTION TO COMPEL LABORATORY DATA, REPORTS, AND RESULTS ON ITEMS SUBMITTED BY FIRE MARSHAL "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Motion Filed
MOTION TO ADJOURN AT A REASONABLE TIME "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Motion Filed
MOTION FOR COURT TO INSTRUCT VICTIM'S FAMILY AND FRIENDS REGARDING POTENTIALLY INFLAMMATORY EXPRESSIONS OF EMOTION IN THE COURTROOM. "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Motion In Limine
MOTION IN LIMINE TO PREVENT TESTIMONY CONCERNING OPINIONS OF LACK OF REMORSE "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Filing:
ACCUSED'S SECOND MOTION FOR WRITTEN DISCOVERY RESPONSE BY STATE, INCLUDING DESIGNATION OF EACH WITNESS AS FIRST OR SECOND PHASE WITNESS, AND FOR AN ORDER DIRECTING STATE TO PARE IT'S WITNESS LIST FROM THE 80 ENDORSED UPON THE CHARGING DOCUMENT WITH EXHIBIT "A" "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Correspondence Filed
"ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Filing:
Filed By: THOMAS EARL MARSHALL

09/13/2013 Correspondence Sent
Filed By: CHARLES DOUGLAS MORELAND

Filing:
ACCUSED SEVENTH SUPPLEMENTAL RESPONSE TO STATE'S REQUEST FOR DISCLOSURE "ORIGINAL FILED 9-18-13"
Filed By: THOMAS EARL MARSHALL

Correspondence Sent
Filed By: STEPHEN P SOKOLOFF

Filing:
DEFENDANT'S SIXTH SUPPLEMENTAL RESPONSE TO STATE'S REQUEST FOR DISCLOSURE
Filed By: THOMAS EARL MARSHALL

https://www.courts.mo.gov/casenet/cases/searchCases.do?searchType=name

 

[AmandaReckonwith]

I did not find even 1 article about any hearing 9/20. In fact, this case is quiet quiet quiet.

Why?

 

[AmandaReckonwith]

From MOVANS, today:





10/2/2013

This email is to inform you of an upcoming court event involving the defendant SHAWN MORGAN and court case number 11DUCR01024. A(n) Motions has been scheduled for 10/16/2013 at 9:30 AM. This will take place in Dunklin Cty Circuit Court, located at: Courthouse Square in Kennett, MO 63857.



Motions, again? Dr Know, what's up with this case, will it ever get to trial?