Motions by the Defense

[believe09]

these have fallen into our hot little hands...as soon as the links can be set up, you can have at it!!!!

 

[ArizonaGiGi]

Thank you !

 

[believe09]

K note that all of the defense is under the name fernandez, which is not his. It is laughable in a way....

 

[Zanko]

Do we have access to the Victims' Sentencing Memorandum?

 

[Fairy1]

Thank you so much Adnoid. I don't even know where to begin....

First, I find it deeply disturbing that WW has been and continues to be sentenced and convicted of his crimes under an alias. This is something that just cannot be allowed to continue in any jurisdiction, anywhere. It just is a complete mockery of our justice system.

Secondly, I completely understand Tawni's family pushing for the maximum sentences for WW's charges. However, the charges he is currently facing are not really that serious. The fact that the manslaughter charge was dropped is a problem and unless they file new charges relating to Tawni's death, I don't see him getting anywhere near the max on anything. I will not be one bit surprised if he walks on time served.

I really have to wonder if WW's PD, Jennifer Bergeron, has truly reviewed Tawni's case.

Lastly, I've said it a million times and I'll say it again, Lindsey is, IMO, the only hope of justice ever being truly served in Tawni's case. I wish we knew if there was something going on behind the scenes that might lead to LDJ finally stepping up and doing the right thing here. I won't hold my breath, but I will have hope.

 

[fmw63]

The fact that the manslaughter charge was dropped is a problem and unless they file new charges relating to Tawni's death, I don't see him getting anywhere near the max on anything. I will not be one bit surprised if he walks on time served.

Looks that way right now, maybe things will change.
I wonder how nitpicky they are about the "crime of leaving the scene didn't cause Tawni's death, since her injuries were after..." I don't think that's quite accurate. Here's my 2 cents: The "accident" was her jumping out of the car AND hitting the ground. The car was moving when he left the scene, therefore he WAS leaving the scene before she hit the ground, so her injuries were not caused AFTER the accident, but during his leaving the scene.

or maybe I shouldn't be typing at 12:30 am:waitasec:

 

[Cubby]

Fairy and FM'

I agree with both of you. I really have not had time to read through these in their entirety and I dare not try this late or I will be fuming and never sleep.

What I did catch was something about LE being aware of WW' Alonzo's alias's at the time this went to trial.... huh? We know you are lying about your name, but we'll move forward with the name of his choice? Certainly that can not be true...... I can't read it now without getting livid... so will do so tomorrow...

I want to beat him with a stick! argh!

 

[Fairy1]

Looks that way right now, maybe things will change.
I wonder how nitpicky they are about the "crime of leaving the scene didn't cause Tawni's death, since her injuries were after..." I don't think that's quite accurate. Here's my 2 cents: The "accident" was her jumping out of the car AND hitting the ground. The car was moving when he left the scene, therefore he WAS leaving the scene before she hit the ground, so her injuries were not caused AFTER the accident, but during his leaving the scene.

or maybe I shouldn't be typing at 12:30 am:waitasec:

You may be sleepy - but you bring up a good point. From all that I can find, this judge is a toughy, which is awesome. I'm no legal expert, but maybe the outcome of this case is purely dependent on her interpretation of the law and, by extension, the charges against "Alonzo." Still, I sure would feel better if new, more serious charges were brought against WW. And under his real name!

 

[believe09]

You may be sleepy - but you bring up a good point. From all that I can find, this judge is a toughy, which is awesome. I'm no legal expert, but maybe the outcome of this case is purely dependent on her interpretation of the law and, by extension, the charges against "Alonzo." Still, I sure would feel better if new, more serious charges were brought against WW. And under his real name!

I am going to agree to disagree with what caused Tawni's injuries-I am still holding out hope that it will be apparent she was given a shove after having been smacked around. Any reconstructions done will either lay this to rest or will confirm it. :blowkiss:

Now, keep in mind that this defense is unaware of the potential for additional charges other than a re-instatement of what might have gone on before IE manslaughter. Sex trafficking, kidnapping and A&B, for example, are not on their radar. They are trying to prevent the plea deal from being vacated based on the fact that although the defendant was and is using an alias, he is still the same person who was being held 9 years ago.

This is where the loophole is-this is a good case to close it.

Beyond that, WW is trying to avoid being charged with identity theft-his attorney is trying to prevent that as well.

Regarding the pre-sentencing items requested above, the defense has filed a motion to extend her time to complete them. If and when it is finished and falls in our direction, I will beg Adnoid to create another link.

 

[believe09]

Fairy and FM'

I agree with both of you. I really have not had time to read through these in their entirety and I dare not try this late or I will be fuming and never sleep.

What I did catch was something about LE being aware of WW' Alonzo's alias's at the time this went to trial.... huh? We know you are lying about your name, but we'll move forward with the name of his choice? Certainly that can not be true...... I can't read it now without getting livid... so will do so tomorrow...

I want to beat him with a stick! argh!

I think we could sit back and simply marvel about the fairytale that has been created here-this is why an offender like this guy is a career criminal. JMO, but his whole existence is based on apathy-of LE (some) and DA's alike. No one wants to figure out the story. Everyone wants to move him around to someone else's watch.