MO - Elizabeth Olten, 9, St Martin's, 21 Oct 2009 #2

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  • #521
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Interesting comment just in the last few minutes on the link posted by Jules from something about the guardians.
 
  • #523
Just thought I would throw this out there for others to ponder over a bit.

If the person in custody is tried as an adult, they are considered emancipated by the courts (meaning they are considered an adult in the sense of making their own decisions - they still are held to legal guidelines when it comes to underage laws such as alcohol, tobacco, and voting). But in every sense of the word, they are completely responsible for their own actions and decisions.

If the person in custody is tried as a juvenile, they are still under the authority of their legal guardian. That means the guardian (or parent) is responsible for that child. In this case, that sets up a wrongful death suit scenario against the parents/guardian of the accused (even if the death was an accident).

Wrongful death suits have more relaxed guidelines and in fact, you do not have to have a murder conviction to win a wrongful death suit (ie: OJ Simpson). In a criminal case, a jury must decide guilt within a shadow of a doubt. In a civil case, they must decide at least 80% probability of the guilt.

If the accused is tried as a juvenile, a wrongful death suit could be brought up against the parents/guardian of said juvenile. The courts would have to decide parental culpability in the case. As parents, we are responsible for the actions of our children. If our child throws a rock at someone's car causing an accident, parents are held accountable for damages done.

I'm not saying this would happen, I am saying it could happen and it's something to think about. What would you do if you were the parent of the victim?
 
  • #524
Interesting comment just in the last few minutes on the link posted by Jules from something about the guardians.
If that's true that's awful, and they should be charged
 
  • #525
Interesting comment just in the last few minutes on the link posted by Jules from something about the guardians.

I saw that, too. Seems like a thread to keep an eye on....
 
  • #526
Thanks for the post Angleena. I have been on a jury before and believe me the jurors really push the limits of the reasonable doubt to vote guilty.
 
  • #527
Interesting comment just in the last few minutes on the link posted by Jules from something about the guardians.

Oh my!!
 
  • #528
Interesting comment just in the last few minutes on the link posted by Jules from something about the guardians.

If that is true I recant what I said last night. I understand it is your flesh and blood but how can you have that around other children? JUST BECAUSE?
 
  • #529
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i wonder if this perp has a partner? this seems odd it's just her. I hope no siblings are invovled.
 
  • #534
I'm sure there will be lots more "unofficial" info out there once the schools get out today.
 
  • #535
I'm sure there will be lots more "unofficial" info out there once the schools get out today.
ITA... it is a shame that LE doesn't have an emergency hearing for this 15 y/o! In light of the community upheaval you would think they would be operating swiftly!

And so true... by the end of the school day there will be lots on inuendo flying around I am sure!
 
  • #536
Thanks Aimiee.
 
  • #537
ITA... it is a shame that LE doesn't have an emergency hearing for this 15 y/o! In light of the community upheaval you would think they would be operating swiftly!

And so true... by the end of the school day there will be lots on inuendo flying around I am sure!

Am I remembering correctly that a hearing for "it" to be tried as an adult has to be within 48 hrs?
 
  • #538
I would hope they did the psychological testing that is required over the weekend, sot they can get the hearing on the fast track. But don't want any loopholes so the person can get off.
 
  • #539
ITA... it is a shame that LE doesn't have an emergency hearing for this 15 y/o! In light of the community upheaval you would think they would be operating swiftly!

And so true... by the end of the school day there will be lots on inuendo flying around I am sure!

It would be great to have more ASAP, but I want LE to cross all t's and dot all i's so there is no reason for a mistrial. i don't want to hear about this young person being let out on a technocality.

OT: I'm watching the case of morgan leppert 15 yr old out of putnam co. on TruTV right now. She was charged with murder and will spend the rest of her life in prison. What this girl did is horrible, but she also had a 22 yr old accomplice.
 
  • #540
I've been trying to figure this one out... The police said the body was found behind her own home. However, the friend's house was over 1/4 mile away. The possible perp looks very petite and Elizabeth was a pretty big girl. How would she have gotten her body there In that short of time? 911 was called pretty fast and searches began immediately...
 
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